What Qualifies As a Wrongful Death Case?
Wrongful death in Georgia pertains to a legal claim that arises from the negligent, criminal, intentional, or reckless actions of another individual or entity resulting in someone's demise. According to Georgia law, a death is deemed wrongful if it occurred due to the actions of another person or entity without legal justification.
To qualify as a wrongful death in Georgia, the deceased person's death must meet certain criteria specified in the state's statutes. This includes situations where the negligence or misconduct of another party directly led to the death. It can involve incidents such as car accidents caused by a drunk driver, medical malpractice resulting in fatal injuries, or accidents on someone else's property due to their negligence.
It is important to consult with an experienced personal injury attorney who specializes in wrongful death cases to understand the specific legal requirements and navigate the complexities of the legal process in Georgia.
Who can file a wrongful death claim in Marietta?
Georgia law is very specific as to who can file a claim in a wrongful death lawsuit. Normally, if there is a spouse, or children, they will be able to bring a lawsuit. The administrator or executor of the estate can also bring suit on the decedent’s behalf. The administrator will then hold the amount of the settlement for the next of kin. If you are not the spouse or child of the deceased person, please call us and we can discuss your options and whether you have a claim.
What kind of recovery can I expect with a wrongful death claim?
Wrongful death claims are different than other types of injuries, and the “damages” from a wrongful death are different.
The financial compensation you can ask for in this type of case includes:
- Funeral cost
- Medical costs for the lost family member prior to their passing
- The pain and suffering the family member experienced prior to their final passing
- If they were still working, lost wages and income
- The surviving family members pain and suffering, including the emotional and mental grief at losing a loved one unexpectedly
- Punitive damages which punish the defendant for extreme negligence and bad acts
- There are other costs which can be recovered, depending on the type of death and the circumstances of the death
Should I Hire A Lawyer for a Wrongful Death Claim?
The short answer is yes, and you should hire an qualified Marietta wrongful death lawyer if you have lost a loved one due to negligence of another – even if the insurance company has already called you and made an offer. Many times, the persons responsible for the death of your loved one have additional insurance, which the insurance company is not required to tell you about. Only an experienced lawyer will be able to help you recover the full value you are entitled to receive. We understand that no amount of money will bring back your lost family member, but the funeral costs, medical bills, and loss of income should be compensated as much as possible. You shouldn’t be responsible for these bills – the at-fault party should be.
In these difficult times it is crucial to contact a wrongful death attorney to help guide you through the legal process. Our dedicated team of attorneys provide compassionate legal support and ensure those responsible are held accountable for their actions.
Contact the Morrison & Hughes wrongful death attorneys in Marietta at (770) 285-8881 to learn more about how our team can help. We don't back down until you obtain the compensation you deserve.