Supporting You, Seeking Justice for Your Loved One.
Wrongful death claims are some of the most emotionally charged cases we see. Like a personal injury case, a wrongful death lawsuit is a civil action that seeks to compensate a victim for his or her injuries. Only in this case, the injury is that person’s death.
Whether the cause of the victim’s death was a car accident, workplace injury, defective product, slip and fall, or something else, a claim for wrongful death provides a way for the surviving family members to receive financial compensation from the at-fault party.
If you have lost a loved one due to the negligence of another, it is critical that you seek out and obtain sound legal advice about what to do next. Wrongful death cases are not the same as cases involving injuries that do not result in death. Georgia has specific statutes controlling all aspects of a wrongful death action, including who can bring one.
One aspect of wrongful death cases that many people find confusing is the intersection between the civil and criminal laws. A wrongful death is generally defined as the untimely death of person caused by the negligence, tortious or criminal act of another. Although a “wrongful death” can be caused by actions which are illegal or criminal, a wrongful death lawsuit is a civil case — not a criminal one. Wrongful death lawsuits can be brought in situations where no criminal charges have been brought, or they can be brought where criminal charges are pending. The civil and criminal actions are completely independent proceedings. They are not mutually exclusive and neither one precludes the other.
Wrongful death actions in Georgia can be based on a number of tortious situations including, but not limited to:
- Drunk driving
- Nursing home abuse
- Medical malpractice
- Defective products
Because of the unique legal and procedural rules governing wrongful death cases, if you have lost a loved one due to the negligence or criminal act of another, it is important that you get sound legal advice from experienced counsel.
At the Law Office of Mark Weinstein, P.C., our experienced and skilled attorneys can help you get the compensation you need, and the justice your loved one deserves. To schedule your free consultation, contact us here or call us at 770-888-7707.