Defining a Georgia Wrongful Death Elements of a Georgia Wrongful Death Claim or Lawsuit
In order to bring a successful wrongful death claim or cause of action under Georgia law, the following elements must be present:
1. The death of a human being;
2. and caused by another's wrongful act or omission, negligence or fault.
A wrongful death claim may arise out of a number of circumstances, such as in the following situations:
1. Medical malpractice or nursing home abuse or neglect that results in a wrongful death;
2. Over medication or adverse reaction to medication resulting in death;
3. Car, Truck, Boat, or Airplane wreck, accident or collision;
4. Construction accident;
5. Defective product or occupational exposure to hazardous conditions or toxic substances;
6. Electrical Accident resulting in death through electrocution;
7. Overzealous prison, police, or sheriff officer during arrest and restraint;
8. Failure to properly supervise a known suicide risk while in custody or care;
9. Failure of prison, police, or sheriff to provide necessary medical care; or
10. Dog or Animal attack.
Damages in a Georgia Wrongful Death Claim or Lawsuit
In a wrongful death claim damages may be awarded for the full value of the deceased's life; these damages may generally be categorized as those items having a proven monetary value, such as lost potential lifetime earnings, income, or services, and lost intangible items whose value cannot be precisely quantified, such as a parent or child's society, advice, example and counsel as determined by the enlightened conscience of the jury.
Obviously, the loss of a human life is the most significant damage in a Georgia wrongful death claim. However, pecuniary or financial injury is also a measure of damages which must be addressed. The Georgia wrongful death statute provides that damages that are fair and just may be awarded. For example, the family that has suffered such a loss due to the wrongful death of a loved one is entitled to reimbursement for the loss of income, benefits, love, affection, companionship, care, protection, and guidance.
Contact a Wrongful Death Attorney
How does one replace something irreplaceable? This is a question that many jurors, as well as the family who has suffered such a tragedy, need help answering when there has been a wrongful death. At the Law Offices of Jason R. Schultz PC, our Georgia wrongful death attorney understands that no amount of monetary damages is worth suffering through such a loss. However, the Georgia wrongful death statute requires that we place a value on the irreplaceable so that the family members and loved ones can be compensated for enduring a wrongful death. The Law Offices of Jason R. Schultz PC, a Georgia wrongful death attorney, will act as a compassionate guide for your family through the Georgia legal system and this difficult time.
