Wrongful death is a claim in common law jurisdictions against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute.
Under common law, a dead person cannot bring a suit, and this created a legal hole in which activities that resulted in a person's injury would result in civil sanction but activities that resulted in a person's death would not.
The standard of proof in the United States is typically preponderance of the evidence as opposed to clear and convincing or beyond a reasonable doubt. In Australia and the United Kingdom, it is 'on the balance of probabilities'. For this reason it is often easier for a family to seek retribution against someone who kills a family member through tort than a criminal prosecution. However, the two actions are not mutually exclusive; a person may be prosecuted criminally for causing a person's death (whether in the form of murder, manslaughter, criminally negligent homicide, or some other theory) and that person can also be sued civilly in a wrongful death action.
In most common law jurisdictions, there was no common law right to recover civil damages for the wrongful death of a person. Some jurisdictions have recognized a common law right of recovery for wrongful death, reasoning that “there is no present public policy against allowing recovery for wrongful death." Jurisdictions that recognize the common law right to recovery for wrongful death have used the right to fill in gaps in statutes or to apply common law principles to decisions. Many jurisdictions enacted statutes to create a right to such recovery. The issue of liability will be determined by the tort law of a given state.
Workers Compensation Information
- Entitlement
- Course of Employment
- Coverage
- Contact Us
Am I entitled to worker's compensation?
If you were injured in our out of the course of your employment, then yes you are entitled to benefits. Under Georgia state law, any business that employs three or more people is required to provide worker's compensation packages to its employees. If you get hurt while at work, or while you are working, your employer is bound by law to compensate you for your injury. This means they are supposed to pay for any doctor visit and medication resulting from your injury. If you feel like you've been cheated out of receiving proper care from your employer please contact us to learn more about your rights.
What does 'the course of employment' mean?
In and out of the course of employment is a legal consideration of all circumstances which may occur in the performance of a person's job, especially during a period of time where specific objectives are given by the employer to the employee.
Key examples of this consideration under US law can include tort liability or ownership of intellectual property. If an employee is driving a motor vehicle during working hours and harms the person or property of another, a court would consider course of employment to determine if the employer had vicarious liability for the harm. Extreme examples would likely find the employer is liable for a truck driver on his assigned route but not for a secretary picking up her child from day care.
Why do I need to contact a lawyer about my injury if all injuries on the job are covered by Georgia State Law?
More often than not the employer is there to help and will do the right thing by its employees if they are hurt on the job. Unfortunately, some employers don't properly take care of their employees when they are injured.
These are just a few reasons to contact us about your case:
- Your employer and its insurance company may challenge your claim by asserting that you got hurt elsewhere and not on the job
- Your employer and its insurance company may fight your claim that you are exaggerating or faking your injuries
- Your employer and its insurance company may insist that you have recovered, when, in fact, you have not
- Your employer and its insurance company may deny your claim by saying that you lied about a pre-existing condition on your job application
- Your employer may fire you from your job after an injury and simply ignore your claim
- Your employer and its insurer may try to get you to accept a settlement of your case when all of your medical problems have not yet been addressed
Accomplishments
John Christy is a proud member of the following organizations and teams.- Georgia Bar Association
- American Bar Associaition
- American Association for Justice
- Georgia Trial Lawyers Association
- Member and Officer of Workers Compensation Section of Georgia
- Editor of 2009 Worker's Comp Section Journal
