If your loved one died due to the actions of someone else, you may have the right to file a lawsuit for wrongful death. However, wrongful death does not apply in every situation. You need to understand the specific reasons why the court will allow you to file such a claim and to receive damages for that claim.
According to eLaws, Georgia law states that you can sue for wrongful death when the death occurs due to wrongful actions of another person or entity. This covers a lot of ground and does not just apply to suing another person for the death.
Who you can sue
You can make a claim against another person who directly caused the death of your loved one through his or her actions. You also can make a claim against an entity, such as a company, whose actions or inaction resulted in the death of your loved one.
Situations that may lead to a claim
When you make a case against an entity, it could be a situation where a company manufactured a product that was defective and led to your loved one’s death. In this situation, you do not have to prove the company was negligent in its actions. You only have to prove that it created a defective product.
You can also file a claim against anyone who brought about your loved one’s death while doing criminal activity. For example, a drunk driver who caused the accident that killed your loved one is someone you can sue for wrongful death.
Finally, any situation where someone’s negligence led to your loved one’s death is grounds for a claim.