Wrongful death attorney cases function much like personal injury claims with regard to liability. To collect damages in a wrongful death claim, a surviving family member of the deceased must be able to show through a wrongful death lawsuit:

• The defendant owed the decedent a duty of care.
• He or she violated that duty of care by committing negligence.
• The defendant’s negligence was the proximal cause of the decedent’s passing.
• The surviving family members suffered tangible or intangible harms as a result.

A wrongful death is defined as the death of an individual due to the negligent, reckless, intentional or criminal acts of another person or entity. Similar to Savannah personal injury lawsuits, wrongful death cases that are based on negligence require proving that the at-fault party failed to act with reasonable care and those actions caused the victim’s death. It is important to note, however, that a wrongful death attorney files a civil action, not a criminal action. Criminal charges do not have to have been filed relating to the person’s death in order for you to have a wrongful death case.