When it comes to whether or not you have an actual case on your hands, many things come into play. Wrongful death cases are filed every single day in the United States. With every case that is filed each year, there has to be a reason. All wrongful death lawsuits usually have things in common. First, the family of the victim may believe that the death came as a result of someone being reckless and not keeping the other person’s safety in mind. In other cases, there may be intent to harm or kill an individual. Here, the Law Offices of P. Kent Eichelzer III discusses a few common wrongful death cases to keep in mind in 2022.
Motor Vehicle Accidents
Car accidents occur every single day in the United States. Whenever someone passes away as a result of another person’s negligence, the families will often seek a wrongful death lawsuit. Have you ever been in an accident with a drunk or distracted driver? It can be extremely irritating knowing that the accident or death could have been avoided. In these instances, a wrongful death lawsuit will be filed against the negligent person or family.
Sadly, shootings have become more and more common in the last several years. When a shooter walks into a school or public building and starts shooting at innocent bystanders, this is a reason for wrongful death case. Whether the shooter survives or not, the families of the victims involved almost always file a wrongful death case.
Medical malpractice has become a significant source of wrongful death cases in the United States. When a patient dies as a result of medical negligence, the family will file a wrongful death case against the doctor or hospital responsible. If negligent medical care results in a patient’s death, then the person entitled to bring the claim under Georgia’s wrongful death statute has two years from the date of the death to file the lawsuit. However, the five-year statute of repose still applies.
As a result, if a patient dies 6 years after the negligent or act, then the wrongful death claim is barred because of the five-year statute of repose. However, if a lawsuit for negligence was properly filed before the person’s death, the wrongful death claim can be added to that lawsuit even if the death occurs more than five years after the negligent medical care that is at issue. See Wesley Chapel Foot & Ankle Ctr. LLC v. Johnson, 286 Ga. App. 881 (2007).
These laws require that manufacturers, product designers, and distributors ensure that their products are safe for public use or consumption. Product testing and guidelines are sometimes overlooked in favor of getting a product to market faster. This can result in a common wrongful death case if proven. If no laws were in place to protect consumers, all manufacturers would skip testing altogether. This is not safe and could result in a lot more deaths. If a consumer finds that a product wasn’t properly tested or guidelines were not put into place, and death occurs, the company is liable. If you find this to happen, file a wrongful death lawsuit.
No one anticipates an injury at work, but workplace accidents are common in any type of industry. The most common workplace accidents are falls, burns, explosions and equipment accidents. These accidents can cause several deaths each year and most often occur in manufacturing plants, construction sites or mining operations. Some of these injuries can result in death. It’s important to understand that you have rights as an employee in case you are injured or even killed on the job. Accidents on the job are often investigated to determine exactly what happened and who was at fault. OSHA standards require that certain safety features be in place at a work site. Employers must take reasonable measures to protect their workers. If negligence is found, a wrongful death lawsuit will be filed against the company.
If you lost a friend or family member due to some type of accident and you believe someone else was responsible for that accident, then you need a qualified lawyer. The Law Offices of P. Kent Eichelzer III has worked with clients in cases like these for years and has extensive experience in Georgia wrongful death cases. These laws can be complex and often your case will require a team of dedicated lawyers in order to put together a winning case.
If you believe you have grounds for a Georgia wrongful death lawsuit, the Law Offices of P. Kent Eichelzer III offers no-cost, no-obligation legal consultations. Speak with a qualified personal injury lawyer and find out where you stand. The attorneys and staff are available to answer your inquiries and look forward to serving you.