Wrongful death accident v/s negligence: A complete guide!

Losing your loved ones is a heartbroken situation. After all, you are left with memories only. How does it feel to know that you lost your loved one because of someone else? If a wrongful death claimed a family member, coping up with pain becomes even more difficult. In such a situation, you may encounter terms like wrongful death and negligence. Thus, hiring Georgia wrongful death attorneys is important to understand all legalities. Read this article to know the difference between the two! Click here to know more! 

Wrongful death accident

It is a situation wherein someone dies due to the carelessness of the other party. Such an accident includes any situation where any wrong action of a person has resulted in death. Such circumstances can take place in different settings. These include: 

  • Vehicle crashes
  • Workplace mishaps
  • Medical malpractice cases
  • Premises liability

Receive compensation for all losses that you have suffered! 

Wrongful death suit: Who should file it?

If there are some family members of the deceased, they can bring a wrongful death lawsuit. As a legal claim that enables a party to seek judicial remedy, a cause of action is defined.

The personal representative may launch a lawsuit against the at-fault party if, within three months of the deceased’s passing, none of the permitted parties bring the case to court. Only if a family member opposes can the personal representative be barred from taking the matter to court.

What is negligence?

The inability to act or behave with reasonable care when doing an action is considered negligence. An act must fall short of the standard of care that someone of normal intelligence would have used to complete the identical work to be deemed negligent.

It is noteworthy that although the behavior is typically actions, it can also refer to omissions in situations when action is necessary. A failure to act or disclose information is called an omission.

Examples of wrongful death accident and negligence

Fatal car accidents caused by medical malpractices and drunk driving results in death are common examples of wrongful death accidents. 

Slip and fall incidents caused by careless property upkeep and medical mistakes are common examples of negligence. Negligence also includes automobile accidents that occur due to distracted driving. 

Final Words 

Losing a family member and coping with the pain is a tough process. If you have lost a family member because of negligence, it’s time to hire a lawyer. Ensure you hire an experienced lawyer who can fight for your rights. You must schedule a consultation with them.