People who are not lawyers may find the term “wrongful death” confusing. That’s because there are many circumstances that lead to wrongful death. Basically, wrongful death is a civil action that seeks a monetary reward from a party for causing a death. The party can be one person or a corporation.
Who Can File?
An estate must be created to represent the victim’s heirs. A wrongful death attorney in Macon, GA can file a petition in probate court establishing the estate and appointing an administrator. The lawsuit will be filed in the estate’s name, and any award goes to the estate and is distributed by the administrator. Certain elements must be alleged in the complaint including the names of dependents who are suffering due to the death. Additionally, the complaint must state the victim died as a result of negligence or a deliberate act.
Medical Circumstances
Many wrongful deathactions are brought due to medical issues. Malpractice cases are a type of wrongful death action. Malpractice takes many forms including failure to diagnosis and misdiagnosis. Additionally, doctors may be sued for failing to inform a patient of a procedure’s risks. A birth injury may be caused by negligence. For instance, something may happen that results in a fatal loss of oxygen for the baby.
Accidents and Work Injuries
An airline may be sued if a loved one dies in a plane crash that’s later found to be the carrier’s fault. Indeed, more than one entity can be responsible. If there’s a manufacturing defect, the airline and manufacturer could be liable. Workers’ families may sue employers if the worker died from exposure to a toxic substance. For instance, many commercial property owners were sued when it was discovered that asbestos was toxic.
The Attorney’s Role
A wrongful death attorney in Macon, GA must prove the defendant owed the plaintiff a duty of care. There’s no greater duty of care than the doctor-patient relationship. The doctor breaches the duty of care by committing malpractice. The attorney must further prove that the breach was the direct cause of the victim’s death. Attorneys only have to show guilt through the majority of the evidence. A victim’s estate is entitled to damages for things that occurred before and after the death. Visit Edwards & Bullard Law to learn more about damages in wrongful death cases.
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