Medical Malpractice Lawyer Atlanta
In order to win a wrongful death lawsuit, the plaintiff must prove that the defendant failed to provide proper care for the injured person. This duty includes following laws and not driving recklessly. Additionally, a duty of care exists for tour operators who take clients on activities that can be dangerous for the plaintiff. This is what sets a duty of care apart from ordinary duty of care. And remember: the more a person trusts others, the greater their chances of winning a lawsuit. Compensation awarded in wrongful death lawsuits - Wrongful death cases typically award compensatory damages, which are meant to compensate the deceased for the pain and suffering they endured. While compensatory damages are not taxed, punitive damages are. Punitive damages are designed to punish the defendant, not to compensate the deceased for the expenses they incurred in the wrongful death. As a result, wrongful death judgments can be taxed by the IRS. This is why it is important to consult a CPA or tax attorney when receiving the proceeds from a wrongful death case.