Wrongful Death

Wrongful death is the basis for a lawsuit, a wrongful death action by the representation of the Estate of the deceased, made against the party or parties who caused the wrongful death. An action may be filed on behalf of certain members of the family of the deceased due to wrongful death.

Thus, a wife or child might be entitled to compensation after the loss of a father through wrongful death, including the amount of financial earnings of the deceased parent if the parent was still alive.

Almost every state has enacted a statute permitting a wrongful death lawsuit to be brought by the relatives of a person who died as a result of a wrongful death. These "wrongful death statutes" vary greatly from state to state.

For example, in some states only a spouse and children may bring a wrongful death lawsuit, while in other states, grandparents or other relatives may also bring a wrongful death lawsuit.

Under "common law," the general legal principles passed from England to the United States over hundreds of years, this type of claim did not exist. It was reasoned that the claim died with the victim; the surviving family members could not claim damages from the person who caused the victim's death. To correct this injustice, the individual states have passed "wrongful death statutes" over the years. Some form of wrongful death claim action exists in all state jurisdictions today.

While they all follow some general principles, each state jurisdiction is unique, since each state has drafted its own form of "wrongful death statutes."

A legal cause of action for wrongful death may exist when a person dies from the negligence of another. Such a situation may arise in a number of different contexts:

• A negligent or careless act such as a negligent driver
• A motor vehicle accident / trucking accident / airplane accidents
• Defective automobile, tractor, or other vehicle
• A reckless act by another person
• An intentional act such as a deliberate murder or an attack
• A death in the course of another crime
• A death during a medical operation, and the neglect of a doctor, hospital or nursing home
• Defective drugs or medication
• A company's negligence in the enforcement of safety regulations
• Faulty equipment or tools
• A property owner who fails to meet safety regulations

The loss of a loved one brings many unfortunate consequences to the survivors, and the grief and loss of companionship of a father, mother or child is something that cannot be measured in terms of dollars or damages. However, in some circumstances, it is appropriate for the wife, husband, parents, children or representative of the Estate of the deceased, to seek damages for the wrongful death of a loved one.

Losing a loved one, especially in wrongful death situations, is one of the worst events that can happen to a person. This is especially true because the incidents could have been easily avoided in most "wrongful death" cases. The last thing that grieving family members want to do after the loss of a loved one is fight with an insurance company or investigate the incidents that may have caused the death.

It is vitally important to preserve evidence in a wrongful death case. Whether it is a part from a tool or an appliance, an automobile, medical records, pill bottles or other evidence, should be obtained with the services of legal counsel. They will assist in the collection and preservation of evidence, as it is an important step in protecting the rights of those who may have a wrongful death case.

Attorneys are best suited to assist you with the initial investigation of events surrounding the incident that you believe may constitute a wrongful death.

If you or someone you know has been involved in a wrongful death or serious accident in Georgia, Finch McCranie, LLP may be able to help you. For your convenience Finch McCranie, LLP offers you a Free Case Review. For inmediate assistance, please contact us at Toll Free 1-800-228-9159 or fill out our Free Case Review Form. Remember that for over 30 years Finch McCranie, LLP has succesfully helped hundreds of people to solve their legal problems: "Our commitment is to the victims, their families and their future..."

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Recent Results

1. Our firm represented the widow of a Deputy Sheriff who was killed attempting to serve a warrant. We assisted our client in setting up an estate and in obtaining compensation available to the families of slain law enforcement officers. We did not charge a fee, but saw it is a matter of public service.

2. The firm won the highest verdict in a wrongful death case in Rockdale County, Georgia. We represented the family of a deceased repairman who was electrocuted while performing mechanical repairs for the City of Conyers Water Department. Our investigation proved that the City knew of electrical dangers inside the manhole vault where the plaintiff's decedent was performing his work, but failed either to repair them or to warn of the electrical dangers. The verdict of $4.735 million resulted in a settlement after trial.