Georgia Accidental Death

 Although the terms accidental death and wrongful death are often used interchangeably, they actually have two very different meanings, and they are treated differently under Georgia law.  The Georgia wrongful death lawyers at law firm have the experience needed to identify if your loved one died as the result of and accidental death or wrongful death, and we can help you pursue any compensation you are entitled to under Georgia law.

 How Accidental Death Is Defined Under the Law

Accidental death is any death caused by an accident, even if the victim was fully at fault for the accident.  As long as the death is not caused by an intentional act on the victim's part, anyone can file an insurance claim for specified compensation if they were named as heirs in an insurance policy or rider held by the victim.

Some examples of accidental deaths include the following:

  • Medical or surgical complications from procedures that were unavoidable, in spite of being performed within a reasonable standard of care
  • Death from firearms in the hands of the individual who was killed, such as due to unsafe cleaning procedures
  • Deaths from fires, drowning accidents, and car accidents caused by unforeseeable circumstances or the victim's direct negligence

When an Accident Becomes a Wrongful Death

Liability is the key difference between accidental death and wrongful death.  Wrongful death may be caused by an accident, but it can also be the result of any wrongful act, including criminal violence.  In this case, however, fault must be found on the part of the individual who caused the death, even if the death was not intentional.  The same situations cited as accidental deaths can easily become wrongful deaths under the following circumstances:

  • Medical or surgical malpractice causing a death that could have been avoided by following a reasonable standard of care
  • Death caused by a violent criminal act against the victim, even if that death was not intended by the perpetrator
  • Death from a fire, drowning accident, or car accident caused by the negligent or willful acts of another party.

It is not always easy to identify the differences between an accidental and a wrongful death.  An initial consultation with a Georgia wrongful death lawyer at law firm can help clarify your situation and provide the appropriate legal options for dealing with your loss.

Contact law firm Today to Speak With Our Wrongful Death Lawyers in Georgia

The loss of a loved one is always painful.  This is not a time to compound your difficulties by taking inappropriate legal action.  If you have lost a loved one due to an accident, you need to explore your options with experienced and compassionate attorneys who can help you take the right actions to move forward after your loss.

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