Lawsuit Information Center

A truck accident wrongful death claim in Georgia was dismissed on summary judgment by the trial court. This week, the truck accident lawsuit was reinstated by a Georgia appeals court.

The case presents interesting issues as to the application of comparative negligence where there is a factual dispute among witnesses.

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This page is about Georgia wrongful death law.  The purpose is to explain how the wrongful death statute works and who is eligible for either settlement compensation or a jury payout. We also explain the second cause of action in death cases, a survival action which provides a second path of compensation for the victim’s family

Georgia Wrongful Death Law

The state of Georgia, like all U.S. states, has laws that govern wrongful death claims. These are civil actions that are filed when one party’s negligence, misconduct, or criminal action results in the death of another. While the law cannot bring back the lost loved one, it aims to help compensate those who are left behind and to hold the responsible parties accountable. Understanding Georgia’s wrongful death laws can help survivors make informed decisions when seeking justice.

A Georgia appeals court on Wednesday affirmed a trial court’s disqualification of an expert witness in a suit accusing a hospital’s nurses of failing to prevent a patient’s internal bleeding, which proved fatal, saying the plaintiffs’ expert, a physician, was not qualified to opine on the standard of care for nurses.

Facts of Smaha v. Medical Center of Central Georgia

A woman underwent surgery at the Medical Center of Central Georgia in Macon to remove her left kidney. Several days post-surgery, while recovering in the hospital, she suffered from internal bleeding and died.