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If your loved one passed away because another party neglected to act with reasonable care—or intentionally caused harm—you may be able to sue for damages. Generally speaking, a wrongful death suit will be warranted as long as the deceased would’ve had grounds for a personal injury suit had they survived. If you’re still unsure whether you should proceed, you can learn more about wrongful death below. 

When Does a Death Warrant Legal Action?

Georgia defines wrongful death as that caused by another party’s criminal, reckless, or negligent conduct. Much like standard personal injury claims, wrongful death suits call for clear and convincing evidence of the defendant’s negligence or misconduct. Some of the most common scenarios that end in wrongful death include drunk driving, assault and battery, and medical malpractice. 

If you’re building a case founded on negligence, you’ll have to demonstrate how the liable party breached the duty of care owed to the deceased. If, on the other hand, your suit is founded on intentional malice, you must show how the defendant set out to cause harm. 

Who Can Take Legal Action Following a Wrongful Death?

personal injuryIn Georgia, only certain parties are entitled to bring a wrongful death suit. Such parties include the deceased’s surviving spouse, children, and parents. The personal representative of the estate is also entitled to take action on behalf of eligible beneficiaries. Should the case prove successful, recoverable damages include lost income; lost benefits; medical expenses; funeral and burial costs; and the loss of love, care, and companionship that the deceased would have continued providing.

 

To see if your family has grounds for a personal injury suit following the wrongful death of a loved one, turn to McClure, Ramsay, Dickerson & Escoe, LLP. Founded in Toccoa in 1907, this practice is proud to serve clients across North Georgia. Their strategic attorneys offer a broad range of services. In addition to personal injury suits, they can assist with estate planning, criminal defense, and real estate transactions. To request a consultation and start building your claim, reach out on their website or call (706) 886-3178. 

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