Wrongful Death Questions

Atlanta, Georgia

What is meant by wrongful death?

Wrongful death can be attributed to an action that not only caused the death of the victim, but also injuries to the people who depended on the victim for financial or emotional support. Acts that may result in wrongful death include drunk driving, medical malpractice, negligence or intentional acts such as murder.

What is the difference between wrongful death and murder?

Murder is a criminal charge brought by the state or district in which the victim lived. The defendant is brought to trial in criminal court, where the jury must be convinced that there is evidence "beyond a reasonable doubt" that the defendant is guilty. A charge of wrongful death is brought by attorneys on behalf of the victim's family to a civil court. In order for damages to be awarded, the civil court jury needs only to believe that "a preponderance of the evidence" (generally meaning 51%) supports the charges of wrongful death.

Are medical malpractice and wrongful death the same thing?

No. Medical malpractice may lead to wrongful death, but the two are not always linked. To prove medical malpractice, it must be shown that the provider did not offer the accepted standard of care to a patient. Medical malpractice may sometimes result in injury, not death. A wrongful death case seeks damages as compensation to the family of the victim and is not always a result of medical malpractice. An experienced wrongful death attorney such as the ones at Robbins & Associates can explain the differences to you.

How is the amount of damages calculated in a wrongful death suit?

Determining the amount of damages requires consideration of what would have occurred in the future had the victim lived. The damages that can be assessed may include:

• An estimate of the amount of earnings the person who died would have earned if he had lived
• Pain and suffering experienced by the survivors due to the absence of the deceased person

If you think you may be entitled to compensation due to wrongful death in Georgia, please call or email our experienced Atlanta wrongful death attorneys today to schedule your free initial consultation.

404-252-8117

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