Dealing with the death of a loved one is never easy. When the death is sudden and unexpected, it can be even more difficult for family and friends of the deceased.
Some people die because of intentional acts of another person. There are a myriad of laws surrounding intentional deaths. However, what happens when a death is an accident? For accidental deaths in Georgia, there are criminal and civil liabilities that may be imposed, depending on the circumstances.
When an accidental death occurs from someone committing an illegal act - e.g. a drunk driver causing a fatal accident - criminal action may be taken against the driver. Additionally, when a person who is performing a legal act in a negligent or reckless manner causes another to die, criminal charges may also be filed. An example of this could be a driver operating his or her car in a reckless manner by driving too fast, missing a corner and causing a fatal accident.
Regardless of the outcome of the criminal case, a civil (non-criminal) action may be taken against the driver in both situations above. Such a lawsuit is called a wrongful death action.
Recently, a Georgia jury awarded $9.85 million for the accidental drowning of a 2-year-old at a daycare in Buford. In this case, a wrongful death lawsuit was filed by the little boy's parents against the operators of the daycare alleging negligence in the oversight of their son while running an unlicensed facility.
A wrongful death occurs when someone dies due to negligence or misconduct by another. Every state, including Georgia, has wrongful death laws establishing the procedure for filing and prevailing in such a lawsuit. Wrongful death actions may be warranted in a variety of situations, such as:
- Medical malpractice
- Automobile or other transportation accidents
- Commission of crimes
- Exposure to toxic substances or hazardous conditions
If you have suffered an injury or a loved one has died due to an accident, you may be entitled to medical care and damages due to your loss. Seek the advice of a knowledgeable attorney experienced with wrongful death actions to find out whether you are entitled to compensation.
