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3 Basics of Wrongful Death Cases

by on August 1, 2013 » Add the first comment.

Did you know?

Each year, more than 90,000 deaths occur from medical malpractice alone.

At K & W Legal we want you to fully understand your situation, so you know your rights as both an American and a potential victim of this type of situation. 

Here are 3 basic pieces of information you should know about wrongful death :

1) The legal definition of wrongful death .The phrase “wrongful death” generally refers to a lawsuit which is filed in civil court between the family of a victim and the person they believe to be responsible for the victim’s death. 

A wrongful death can be defined as either negligent or unjust, based on the actions of one (or more persons) leading to the death of another. 

For example, if the passenger of a motor vehicle is killed in an accident, the driver of the other car or even the car the passenger was riding in could be held responsible for wrongful death , depending on the cause of the accident. 

An example of an unjust wrongful death would be an act of violence or murder. Other examples of wrongful death include medical malpractice, product liability and workplace negligence.

2) The difference between wrongful death and negligence lawsuits .A wrongful death lawsuit is different from a negligence lawsuit because the latter is a case that is filed by the victim. Under common law, a deceased victim is unable to file a lawsuit against anyone, so a member of the victim’s immediate family is typically the person who files a wrongful death case. 

Both negligent and intentional acts could result in liability in wrongful death cases.

3) The main principle behind wrongful death cases . Although the laws surrounding wrongful death cases differ from state to state, they are all the same in principle: 

The accused party may have behaved in a way (or committed an act) that caused the victim’s death, or the defendant could have behaved in a negligent manner which led to the victim’s death. 

The victim’s surviving spouse, family members or dependents in these situations are among those eligible for a monetary settlement. 

As far as settlements are concerned, those filing a wrongful death claim can generally be compensated for medical/funeral expenses, as well pain & suffering and loss of financial support.

If you think you may have a wrongful death claim based on an unfortunate incident that has recently happened to you, our experienced team of attorneys at K & W Legal can help.

We can provide you with all the necessary information as well as the support you need in order to recover from your loss.

For a FREE wrongful death consultation contact K & W Legal TODAY.

We will fight for you!
–The K & W Legal Team


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Disclaimer: This website is intended for informational purposes only and is not intended to create an attorney-client relationship or serve as a substitute for legal counsel. If you are in need of specific legal advice, please contact an attorney immediately. Please note that communication with an attorney or staff member at Krause, Golomb & Witcher, LLC, does not by itself create an attorney- client relationship or constitute the provision or receipt of legal advice. Any communication from an attorney or staff member should be considered informational only, and should not be relied or acted upon until a formal attorney-client relationship is established via a written agreement signed by all parties. While we have achieved great results for many of our clients, we cannot guarantee the outcome of your potential case. Our firm services all of Georgia. We are authorized to to practice in all of the State Courts of Georgia, including all State Courts, Superior Courts, Georgia Court of Appeals and Georgia Supreme Court, as well as in the Federal Courts in the Northern District Court of Georgia and Bankruptcy Court for the Northern District Krause, Golomb & Witcher, LLC of Georgia, and the Eleventh Circuit Court of Appeals.