Wrongful Death Claims in Atlanta, Georgia
When a family loses a loved one unexpectedly in an accident, the impact of that loss is devastating and long-lasting. When the loss results from someone else’s negligent or illegal conduct, the family may feel frustrated and angry. Wrongful death claims help to hold the wrongdoer accountable. Families can recover damages, which cannot fully compensate for the loss, but which can help reduce some of the financial burden incurred because of the tragedy. There are many causes of wrongful death claims, including car crashes, defective products, medical malpractice, and even intentional wrongdoing on the part of the defendant. In any of these cases, it is the family’s right to pursue action against the individual who caused the unexpected death. If you and your family lost someone because of another person’s negligence or wrongful actions, contact an Atlanta, Georgia personal injury attorney who handles wrongful death matters. At The Moses Firm, our compassionate and dedicated lawyers fight on behalf of families who have suffered the tragic loss of a loved one because of another person’s actions. Call us today at 404-721-1050 to discuss your claim with one of our experienced wrongful death attorneys.
Who Has the Right to File a Wrongful Death Action in Georgia?
Georgia has laws determining who can pursue a wrongful death claim. If the victim was married, the spouse has a right to file a claim. In the absence of a spouse, the decedent’s adult children can file the claim. Parents of the victim can file a claim if there is no spouse or adult children.
If the victim is a child, the parents of that child have the right to pursue a claim. When the parents are married, the claim will be filed jointly. If the parents are divorced or separated, or even if they are living apart, either may pursue the claim, or both may file the lawsuit. The damages recovered in such a claim will be divided between surviving parents.
What Are Some Common Causes of Wrongful Death in Georgia?
Wrongful death claims arise for a variety of reasons. Defendants can be individuals but can also be a business or a public entity. Some frequent causes of wrongful death claims include the following:
- Car crashes involving negligent drivers, such as those caused by drunk drivers, distracted drivers, or otherwise careless motorists
- Medical malpractice
- Dangerous conditions on a property
- Defective products
There are other ways in which wrongful deaths may occur. If you believe that your loved one was the victim of someone else’s negligent or otherwise wrongful actions, it is important that you speak with an Atlanta, Georgia wrongful death attorney in a timely manner.
How are Damages Calculated in Wrongful Death Claims in Georgia?
In personal injury claims, the damages are related to the expenses incurred because of the victim’s injuries. Wrongful death claims differ because the victim is no longer alive. The damages must, therefore, be calculated differently. In Georgia, damages for wrongful death claims fall into three different categories.
The first category involves the full value of the decedent’s life. The full value of life is a calculated sum that depends in part on demonstrable evidence. The calculation will include the value of the deceased person’s projected future earnings or services which did not occur because of early their untimely death. The full value claim will also include non-economic damages, which cover more abstract aspects of a person’s life that have been lost because of the defendant’s actions. The family may also seek to recover medical, funeral, and other expenses sustained due to the wrongful death. It is also possible to file a survival claim that covers medical expenses and pain and suffering experienced by the decedent prior to death. Such damages acknowledge that many victims suffer from their injuries and incur medical costs before their deaths.
Call the Atlanta, Georgia Wrongful Death Attorneys at The Moses Firm Today
Losing a loved one in an unexpected accident is one of the worst things that can ever happen to a family. Holding the liable party responsible for their actions can help provide loved ones with some sense of closure. Call The Moses Firm today at 404-721-1050 for consultation with one of our dedicated wrongful death attorneys and learn how our lawyers can advocate for you and your family.