Wrongful death occurs when someone is killed because of the negligence or misconduct of another person. When a situation that would have otherwise given rise to an actionable personal injury claim results in death, a wrongful death claim can follow. These lawsuits are civil actions, often filed by the relatives of the deceased, and are separate from any criminal charges.
Common Types of Wrongful Death Claims
Many different circumstances can bring about a wrongful death claim. These circumstances can include:
- When a victim dies due to medical malpractice. If a healthcare professional fails to provide the appropriate standard of care to a patient who dies as a result, a wrongful death claim may be valid. Examples of medical malpractice include anesthesia errors and failure to diagnose.
- Motor vehicle accident fatalities involving negligence. Drivers must use care to avoid injuring other people. If they fail to do so, by speeding or driving under the influence, for example, they can be held liable for the motor vehicle accident they caused.
- Occupational exposure to hazardous conditions resulting in death. When a workplace death occurs, the responsible parties may include employers who failed to provide adequate safety training, manufacturers who created faulty equipment or machinery, and other entities. These claims are sometimes handled through the workers' compensation system.
- Unsafe property conditions resulting in death. Property owners have a duty to keep their premises reasonably safe for visitors. They can be held liable if they fail to fulfill that duty and someone is killed. Wrongful death claims involving premises liability may arise from hazards such as falling objects or negligent security.
These are only a few examples of situations in which a wrongful death claim may be applicable. Our attorneys will discuss your case for free and help determine whether your loved one’s death was a tragic accident or grounds for a wrongful death claim.
Schedule a Free Wrongful Death Case Evaluation
We know that taking legal action may be the last thing on your mind after the sudden loss of a family member. Our team will handle every aspect of your case so you can focus on healing. We will fight for the justice and compensation you deserve.
Call 770-888-8901 to schedule your free case evaluation. The Law Offices of Humberto Izquierdo, Jr., PC serves Atlanta, Marietta, Cumming, and nearby areas of Georgia.