Under what circumstances can you sue for wrongful death?

On Behalf of | Jul 29, 2021 | Personal Injury |

The death of a loved one can be tough to endure. It does not get any better if their death was occasioned by someone else’s negligent acts. If a loved one, or someone you know, dies as a result of another person’s negligence, you may have the right to sue for a wrongful death claim.

A wrongful death is a medical term that described the death of a person as a result of another party’s negligence or recklessness. Usually, the victim’s immediate family is eligible for filing a wrongful death lawsuit in order to seek compensation for emotional as well as financial damages. However, this suit must be filed within the state’s statute of limitations. In Georgia, the statute of limitation for filing a wrongful death suit is two years. This means that you have two years effective the date of death to file your claim with the county civil court.

So when do wrongful death claims apply?

  1. When the killing was intentional

A wrongful death claim may apply if a person intentionally kills another. Of course, the defendant will face criminal charges if they kill the victim. However, the victim’s family may also consider filing a civil suit for wrongful death against the defendant. A wrongful death suit is usually a civil matter that is separate from a criminal matter.

  1. When medical malpractice results in death

If a physician or hospital acts in a negligent or reckless manner resulting in their patient’s death, survivors may consider filing a wrongful death claim against the physician or hospital.

  1. When a car accident results in death

If an individual loses their life in a car crash, and investigations establish that the person that caused the accident acted negligently, a wrongful death lawsuit may be pressed against the at-fault party. Examples of negligence while driving may include: driving under the influence, reckless driving or disregard of traffic rules.

Death of a loved one can be devastating. If your loved one dies as a result of negligence from another party, you may consider filing a wrongful death lawsuit. Knowing how to file a wrongful death lawsuit is crucial if you hope to get a favorable outcome and receive the compensation you deserve for your emotional and financial loss.

FindLaw Network