If you have a family member that has been killed as a result of another
party’s acts or omissions, you may be entitled to file a wrongful death
lawsuit against the liable party. A wrongful death suit is a cause of action that
allows a decedent’s close relatives to bring a civil case against
the party who caused their death. This cause of action was established
in order to prevent a loophole that would result in parties whose negligent
acts or omissions lead to injury to be civilly sanctioned, while parties
whose negligent acts or omissions lead to death were left unaccountable
for the injuries they caused. In essence, a wrongful death action allows
a decedent’s relatives to stand in their place and to seek compensation
for the wrongful acts or omissions that caused their death.
An employer may be sued for wrongful death based on their employee’s
negligent acts or omissions.
In some circumstances an employer may also be sued for wrongful death as
a result of their employee’s negligent acts or omissions which lead
to the victim’s death. This is based on the legal doctrine of respondeat
superior, which holds that an employer is vicariously liable for their
employees negligent acts or omissions which occur during the scope of
For an employer to be held liable for their employee’s negligent
acts or omissions, they must have occurred within the scope of employment.
When a wrongful death action is brought against an employer as a result
of their employee’s negligent acts or omissions, a central question
that must be addressed is whether the employee was acting within the scope
of their employment. Courts will consider several factors in order to
make this determination. These factors include:
· What the employee was doing at the time of the incident;
· Where the employee was located when the incident occurred; and
· Whether the employee was acting in the interest of their employer
when the incident occurred.
Trucking companies are often held liable for their driver’s negligent driving.
A wrongful death action arising out of a trucking accident is an example
of the type of circumstance where an employer may be held liable for their
employee’s negligent acts or omissions. Trucking companies often
hire individuals to serve as drivers in order to transport materials on
their behalf. As a result, if an employee’s negligent driving results
in an accident that causes injury to another party, the trucking company
may be held liable as well.
Under Georgia law, there is a presumption that a driver whose
negligent acts or omissions resulted in wrongful death was acting within the scope
of their employment if the accident occurred while they were using their
employer’s vehicle. This shifts the burden of proof to the employer
who must show that the employee was acting outside the scope of their
employment in order to avoid liability for the wrongful death.
If your loved one has been killed as a result of another party’s
negligent acts or omissions, you should contact an attorney immediately.
An attorney can review the circumstances of your loved one’s death
in order to determine if another party is liable. If so, an attorney can
help you receive the compensation you deserve.