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Prine Law Group | Experienced Trial Lawyers

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Do you know the basics of wrongful death?

People may die unexpectedly in several situations. These losses are always painful for the surviving family members, especially if they suspect that the death was preventable.

FindLaw says that death is wrongful if it was the result of misconduct or negligence. Minors usually receive supervision at school and at summer camps, for example. If a child dies while participating in an activity that required supervision, the death may be wrongful. Additionally, companies have an obligation to provide a safe working environment. Employers may be liable for someone’s death if they did not ensure that the employees would be safe. Death may also be wrongful if a driver on the road operated a vehicle in a way that violated the rules of the road.

What happens during a wrongful death suit?

When people realize that their loved one’s death should not have occurred, they may want to pursue a wrongful death suit. Surviving family members may have to demonstrate that another party’s actions directly caused the death. After hearing the evidence, a court could award damages to the family. A court usually considers the kind of loss that the family has experienced. Young children, for example, may lose necessary parental guidance. Families could also lose a source of income. A judge evaluates these factors to decide what kind of compensation is necessary.

Who can begin a wrongful death suit?

In order to file for wrongful death, people need to have a personal connection to the deceased. According to the Georgia Code, a surviving spouse can take action after a wrongful death. Sometimes, the only survivors may be children. In this case, they can pursue a case, whether they are minors or legal adults. Additionally, children can take action even if their parents were not legally married. If a child is the one who died wrongfully, then the parents can begin a suit.

People usually have a limited amount of time to file for wrongful death. They may want to consider the statute of limitations as they decide how they want to proceed.