How do you know if you have a Wrongful Death Claim in Georgia

How do you know if you have a Wrongful Death Claim in Georgia?

Wrongful death in Georgia is a cause of action that was created by the legislature, and so you may sometimes hear it referred to as a “statutory cause of action” or a claim that is governed by a “statutory scheme.” In a nutshell, a claim for wrongful death may exist when there is (1) a death caused by the (2) negligent, reckless, intentional, or criminal acts or another person or business. Negligence is the easiest type of conduct to prove on the part of the wrongdoer (also called the “tortfeasor” in law), and it essentially means that the wrongdoer failed to exercise reasonable care not to harm the deceased person or that the wrongdoer failed to do something for the safety of the deceased person that he had a duty to do. While a trial is necessary to give a final determination of negligence and ultimate liability of the wrongdoer, attorneys on both sides of a wrongful death case try to anticipate what a jury would find if the case went to trial, and settlements often occur before a trial takes place.