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Wrongful Death Claims in Augusta: Who Can Be Held Liable?

Losing a loved one is always devastating, particularly if it results from the negligence or wrongdoing of another party. While…

By suman , in General , at May 9, 2024

Losing a loved one is always devastating, particularly if it results from the negligence or wrongdoing of another party. While filing a wrongful death claim won’t make up for the loss, it can provide you with some comfort by holding the negligent party accountable for their actions. Also, the claim can give you compensation for the support and love you lost due to the death of your loved one. 

In Georgia, wrongful death laws let family members seek financial damages against people, entities, and government agencies that caused the death of a loved one through illegal, intentional, or negligent action. Augusta wrongful death lawyers can help you navigate through these laws and how they apply to your case.

What are Wrongful Death Cases?

A wrongful death happens if a person dies due to the negligence or intentional act of another. The first person to file a claim for wrongful death is the spouse of the deceased, followed by their children and parents. If the deceased does not have surviving family members, their estate can file a claim. The proceeds will be held for the decedent’s next of kin. In a wrongful death claim, your lawyer should provide more credible and compelling evidence than what the defendant can produce. 

Liability in a Wrongful Death

All people have a duty of care not to do something that can result in harm to others. In a lot of situations, a person’s negligence can create circumstances that let the survivors of a victim wrongful death lawsuit or claim. The parties that may be held liable depend on the kind of case. 

  • Motor vehicle accidents. In these accidents, liability can fall on drivers, private contractors or public officials, or trucking and delivery companies depending on the kind of vehicles involved. 
  • Dram shop laws. Wait staff, supervisors, and owners of businesses that serve alcohol to somebody who caused a wrongful death may be liable for it. 
  • Defective product cases. Product designers, manufacturers, marketers, distributors, and sellers may be held liable for products that cause death if used as intended. 
  • Medical malpractice. Hospitals, doctors, nurses, anesthesiologists, pharmacists, administrators, hospital staff, and radiologists can be liable for birth injuries, surgical errors, delayed diagnosis, and misdiagnosis that lead to wrongful death.
  • Nursing home abuse. Operators, owners, employees, and supervisors may be liable for the death of a patient due to an employee’s wrongful act like violence, dropping a patient, or patient neglect. 

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