In Georgia, families file wrongful death claims after fatalities occur that were preventable. Common events linked to a wrongful death case are medical malpractice, auto accidents, and direct criminal acts. A wrongful death lawyer in Douglasville, GA can explain the rights of the family based on the circumstances.
How Did the Fatality Occur?
The claim has to show a direct act that caused the fatality or an act of negligence. The series of events leading up to the fatality shows how the victim’s death was avoidable with an alternative action. For example, a drunk driver chose to drive while they were intoxicated and caused the victim’s death due to their unlawful choice. The same applies to doctors who perform risky surgeries without the patient’s consent and without explaining all risks beforehand.
What Was the Exact Cause of the Victim’s Death?
The autopsy shows the exact cause of the victim’s death. The type of claim defines how the blame is assigned to the defendant. In a drunk driving accident, the victim’s injuries sustained during the accident must be the cause of their death to prove fault. If the victim had a heart attack during the accident, it is a natural cause of death that could happen at any time. In that case, the defendant avoids penalties because the auto accident injuries didn’t kill the victim.
Reviewing Criminal Cases Linked to the Wrongful Death
A criminal case starts after evidence is secured against the defendant. The outcome of the criminal case has some bearing on the civil case. However, it won’t prevent the family from seeking compensation for their financial losses. In criminal cases, the defendant is ordered to pay restitution as a form of punishment. The value of the restitution won’t affect the outcome of the civil lawsuit.
In Georgia, families receive compensation for financial losses through wrongful death lawsuits. Financial losses include medical and funeral expenses. Children who lost their parents receive an award for a loss of support or tort-based rulings. Pain and suffering is the most common tort-based allegation involved in a wrongful death lawsuit. Families that need help can contact a wrongful death lawyer in Douglasville, GA through Dsternlieblaw.com right now.
