Atlanta Wrongful Death Lawyer
Suddenly losing a loved one in a fatal accident can leave you devastated an unsure about what your next steps should be. When your family member dies due to the negligence or intentional act of someone else, you may be eligible to file a wrongful death claim on your loved one’s behalf.
A compassionate personal injury attorney could help you through the case process. These claims may result in complex legal obstacles, and an Atlanta wrongful death lawyer could help these challenges so you can focus on healing from your loss.
What Makes a Death Wrongful?
When someone loses their life through the negligence, recklessness, fault, or criminal behavior of someone else, the law considers this a wrongful death. As a result, a family member of the deceased may file a lawsuit to receive compensation for the loss of their loved one.
Any number of incidents could fall under these claims. An Atlanta lawyer with experience in wrongful death claims could identify if someone has a viable claim for legal action. Some examples may include:
- Slip and fall accidents
- Car accidents
- Nursing home abuse
- Dog attacks
- Defective products
- Intentional homicide
Who Can File a Claim?
The Official Code of Georgia Annotated, §51-4-2, establishes who may file a wrongful death case. Only certain individuals who had a relationship with the decedent may file these claims. An experienced wrongful death attorney in Atlanta could determine who may be eligible to file this type of claim. The statute gives priority to the following individuals:
- A spouse
- The decedent’s children
- The living parents of the decedent
- The deceased’s estate
Damages Available for a Wrongful Death
Damages are related to the injuries the decedent sustained that lead to their death. State law provides a few categories available for damages in a wrongful death claim.
The “full value of life” claim is the primary cause of action in some of these lawsuits. A judge and jury take into account many factors to determine what a case such as this one may be worth. A jury may consider evidence such as the deceased’s:
- Health
- Age
- Prior work
- Education
Additionally, a court may take into account the decedent’s lost income and future earnings, pain and suffering prior to their death.
State law also recognizes how they may have contributed to their household. Therefore, a claimant may be able to recover for the loss of childcare and other household services that the decedent provided over their life.
“Funeral, medical, and other necessary expenses” is a distinct claim brought by the decedent’s estate. These damages are those that arose between the decedent’s injuries and their death.
Retaining an Atlanta Wrongful Death Attorney
A wrongful death case can be challenging, complex, and difficult to handle following your loved one’s death. If a tragic accident resulted in the death of a loved one, and you are considering filing a lawsuit, contact an Atlanta wrongful death lawyer.
Our caring attorneys could explain your options and what steps you should take. When you are ready to get started on your case, schedule a consultation with our legal team.
