What Constitutes Wrongful Death in Georgia?
State laws in Georgia allow the close relative of a person who died as a result of a wrongful act to file a lawsuit and recover money damages for lost financial and emotional support. Wrongful death law does not preclude a private, wrongful death suit even if the alleged wrongdoer is now or has been prosecuted under a criminal statute.
The idea behind a wrongful death lawsuit is that the wrongful death, in addition to injuring the person who died, also injured people who depended upon the deceased for financial or emotional support. The wrongful act may be:
- A negligent or careless act such as inattentive driving
- A reckless act
- An intentional violent act such as a deliberate murder
To find out if your relative’s death may be a wrongful death under Georgia law, contact the Hartman-Imbriale wrongful death law firm in Atlanta and all surrounding areas of Georgia.
Is murder considered wrongful death under the law?
The main difference between murder and wrongful death is that murder is determined in a criminal prosecution, while wrongful death is the subject of a civil lawsuit. Criminal cases are brought on behalf of the citizens of a particular state or federal district, not by the victims or their families. On the other hand, civil cases are brought in the name of individuals, not in the name of the state. The reason for bringing such a civil lawsuit for wrongful death is to obtain money damages, not to put the defendant in prison.
The burden of proof in criminal and civil cases is also different. In criminal cases, the standard of proof is beyond a reasonable doubt. There is also a presumption of innocence that stays with the defendant until a jury finds him or her guilty. In contrast, the standard of proof in civil cases is by a preponderance of the evidence – which essentially means more likely than not the defendant was to blame for the misdeed.
The difference between wrongful death and medical malpractice
Oftentimes, a wrongful death is the result of medical malpractice. But these terms are not one and the same under the law. Malpractice is basically a type of negligence, which is just one basis for a wrongful death action. When a medical professional is negligent in caring for a patient and the patient dies, it is considered medical malpractice. Surviving relatives may sue for damages in the case of the victim’s wrongful death. Contact the wrongful death lawyers at Hartman-Imbriale for more information about either type of case.
Contact our wrongful death law firm in Cherokee County
The right legal representation can play an integral role in achieving a positive outcome in your case. At Georgia’s Hartman-Imbriale, we are prepared to assist you in your personal injury, real estate, motor vehicle accident, wrongful death, or workers compensation case and stand ready to draft or review any business contracts, wills and trusts. Contact our Woodstock lawyers online or at 888-867-6286 today for assistance.