Wrongful Death
Understanding Wrongful Death in Georgia
Losing a loved one due to someone else’s negligence is one of the most devastating experiences a family can face. Whether caused by a car accident, medical malpractice, or unsafe conditions, a wrongful death can leave behind emotional pain, financial hardship, and unanswered questions. Georgia law allows surviving family members to pursue compensation for funeral costs, lost income, and the loss of companionship. The Pilgrim Law Group is here to help you seek justice and hold the responsible party accountable, so you can focus on healing while we fight on your behalf.
Types of Wrongful Death
- Car Accidents – Fatal crashes caused by reckless or negligent drivers.
- Truck Accidents – Deadly collisions involving commercial vehicles and driver or company negligence.
- Motorcycle Accidents – High-impact crashes often resulting in fatal injuries due to lack of protection.
- Medical Malpractice – Deaths resulting from surgical errors, misdiagnosis, or failure to treat.
- Workplace Accidents – Fatal incidents on the job, often involving unsafe conditions or a lack of training.
- Defective Products – Deaths caused by dangerous or malfunctioning consumer goods or auto parts.
- Nursing Home Negligence – Loss of life due to abuse, neglect, or inadequate care in elder care facilities.
- Premises Liability – Fatal accidents on someone else’s property due to hazardous conditions.
- Criminal Acts – Deaths caused by assault, homicide, or other violent criminal behavior.
- Drowning or Pool Accidents – Preventable deaths resulting from a lack of supervision or safety measures.
The Four Key Elements of Wrongful Death Cases
To bring a valid wrongful death claim, you must be able to prove these four elements:
Negligence
In wrongful death cases, we must prove the death of the plaintiff’s relative was caused either in part or in whole by the carelessness, recklessness, or negligent actions of the defendant.
Breach of Duty
In order to be successful in the case of wrongful death, the plaintiff will need to prove the defendant owed a duty to the victim. For example, motorists must drive safely and follow and obey traffic laws. Doctors and other healthcare providers have to maintain a person’s health.
The plaintiff must establish how the duty of the defendant existed and that this duty was breached as a result of their negligent actions.
Causation
The plaintiff is required to show a violated link between the breach of duty and the resulting death. The plaintiff must show that the negligence and conduct that death would not have occurred.
Additionally, to prove that the duty of the defendant was breached towards the victim, the plaintiff in the lawsuit will also be required to prove how the negligence of the defendant caused the death of their loved one.
Damages
To prove a wrongful death case, the death of the victim will also need to generate quantifiable damages. This may include:
- Hospitalizations
- Medical expenses
- Burial costs
- The cost of a funeral
- Loss of income
- Loss of potential earnings
- A loss of protection, guidance, and inheritance
- Pain and suffering of the victim before their death
| Personal Injury | |
|---|---|
| Filed by the injured person | Filed by the surviving spouse, children, or estate |
| The victim survives the accident | The victim dies from their injuries |
| Seeks compensation for medical bills, lost wages, pain, and suffering | Seeks compensation for funeral costs, lost income, and emotional loss |
| Focuses on the victim’s injuries and recovery | Focuses on the family’s loss and future impact |
| Simple legal process | Often involves complex legal procedures |
| Goal: help the victim recover and move forward | Goal: seek justice and financial support for loved ones |
Need help determining which type of claim applies to your situation? The Pilgrim Law Group is here to guide you.
How the Pilgrim Law Group Can Help
The loss of a loved one due to someone else’s negligence shouldn’t go unanswered. Contact The Pilgrim Law Group today to discuss your wrongful death case and take the first step toward justice and the compensation your family deserves.
