Wrongful death is asserted when someone dies because of someone else's negligence or misconduct. This someone else may be a person, a company or a combination of an organization and the people that represent it.
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Numerous wrongful death claims are filed each year in the United States and abroad. Wrongful death lawsuits are comprised of claims charging negligence or misconduct when a death has occurred. Wrongful death lawsuits vary in that the manner and mode of death can be one of thousands of ways. For example, a wrongful death lawsuit may be brought against a physician or a Georgia hospital claiming medical malpractice. It could also be brought against a driver of a car that caused a traffic fatality.
Some wrongful death claims are brought against the manufacturers of everyday products consumers use. Toys, appliances, car seats, vehicles and numerous other consumer products have been the subject of wrongful death lawsuits.
Damages are assessed in a number of ways in a wrongful death claim but rest chiefly on the financial loss of the family as a result of the death. Even if the decedent was not currently earning money at the time of death, damages can be recovered due to the loss of the earning ability of the decedent.
Wrongful death lawsuits are filed and often won when someone dies due to someone else's negligence or misconduct. These lawsuits cover a broad range of circumstances ranging from defective products to medical malpractice. A wrongful death lawsuit may also be filed in the case of a fatal car accident, airplane crash, industrial accident or homicide or suspected homicide.
Wrongful death lawsuits have been filed against those suspected of committing homicide and they've also been filed by those who committed homicide yet blamed another entity or person for the act. Former talk show host Jenny Jones was the subject of a wrongful death lawsuit when one guest on her show shot and killed another guest of the same sex who confessed he had a crush on him. The person committing the murder blamed the show and Jenny Jones because he said he had been duped into thinking his crush was a woman.
There are thousands of wrongful death attorneys who specialize in these types of cases. Sometimes the cases are settled out of court for an agreed upon amount and sometimes the person bringing the suit wants nothing more than a jury to find the defendant responsible regardless of the amount of money involved. Since civil suits in Georgia rely on a different set of rules than criminal trials, the defendant only has to be found guilty by a preponderance of the evidence rather than beyond a reasonable doubt. This just means that the jury must conclude that it is more likely than not that the defendant is responsible for the death of the individual or persons named in the suit.
Fatal car accidents are often the subject of wrongful death claims in Georgia. Apart from the criminal proceedings, someone who causes the death of another after drinking and driving will likely be sued for wrongful death. In addition, people who cause the death of others in fatal car accidents in the absence of alcohol or drugs may also face a wrongful death lawsuit as in the case of Brandy Norwood, who was involved in a fatal car crash December 30, 2006 in which a woman died from injuries sustained in the wreck.
The family of the woman who died in the crash has filed a 50 million dollar lawsuit against the actress and singer. Since the accident occurred on a California freeway, it will be up to the laws of the state of California to determine how this wrongful death lawsuit proceeds.
A wrongful death lawsuit may also be filed against the manufacturer of the vehicle involved in a fatal car wreck if there is a design flaw or manufacturing defect found to have caused the crash. Numerous wrongful death lawsuits have been filed against manufacturers and others when tires, air bags or other vehicular systems were found to be defective.
Law Offices of Fred L. Cavalli404-370-1181
111 No. McDonough Street Decatur, GA www.cavallilaw.com
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