Atlanta Wrongful Death Lawyer

What damages may be awarded in a wrongful death case?

From Natalie’s interview for the Masters of the Courtroom series on ReelLawyers.com. Read the transcript.

Losing a family member due to someone else’s negligence can be devastating – especially if that person was supporting your family. While no amount of money can replace the loss of a loved one, a wrongful death lawsuit can help provide financial stability to a family in crisis.

If you have a family member who died due to someone else’s negligence, contact an Atlanta wrongful death lawyer. Allow a compassionate and capable attorney to review your situation and determine whether your family might be entitled to compensation for your loss.

What Is a Wrongful Death?

Simply put, a wrongful death is when someone dies due to the actions – or inactions – of another person. Essentially, when someone (including individuals and businesses) intentionally, recklessly, or negligently causes a death, the surviving family members can file a wrongful death lawsuit. These lawsuits can be for the death of a parent, spouse or child.

Simply put, when careless or intentional behavior causes a death, the law allows their family to file a wrongful death lawsuit on the deceased’s behalf. In addition, if there is pre-death pain and suffering that can be recovered too.

Some of the most common forms of Georgia wrongful death include:

  • Medical malpractice including anesthesia errors
  • Defective or dangerous medical devices
  • Defective or dangerous products and machines
  • Bicycle and pedestrian accidents
  • Birth injuries
  • Hospital injuries
  • Train wrecks
  • Car, motorcycle, truck, and bus accidents
  • Construction accidents
  • Drowning accidents
  • Nursing home abuse and neglect
  • Prescription drugs
  • Slip and falls

Who Can File a Wrongful Death Claim?

Under Georgia law, a wrongful death lawsuit can be filed by the deceased’s spouse, child, or parent. Wrongful death compensation is measured by reference to the life of the deceased from his or her point of view and includes their loss of enjoyment of life as well as lost future income.

Compensation or damages in a Georgia wrongful death case can include pre-death claims that go to the estate and the death claims that go to the heirs.  Often, these two groups are the same.  Here are some examples of the losses:

  • Funeral expenses to be recovered by the estate
  • Medical expenses to be recovered by the estate
  • Income lost from the time of injury to death to be recovered by the estate
  • Pain and suffering prior to death – both physical and emotional – to be recovered by the estate
  • Anticipated future income of the decedent to be recovered by the heirs
  • Loss of enjoyment of life to be recovered by the heirs
  • Loss of consortium to be recovered by a surviving spouse

In certain cases, punitive damages may be available in cases that involved extremely reckless or intentional behavior – but only when there is also pre-death pain and suffering too. An Atlanta wrongful death attorney can review the situation and determine the types of compensation that might be available to family members.

Consulting an Atlanta Wrongful Death Lawyer

It goes without saying that no amount of money can adequately compensate a family for the loss of a loved one. However, money can help to provide a more financially stable future for everyone involved – from elderly parents who may need assistance to children seeking a college education.

If someone in your family has suffered a wrongful death, find out how an experienced Atlanta wrongful death lawyer can help.

Let an attorney review the specific facts and circumstances surrounding your situation and not only determine the types of damages your family may be entitled to, but the best course of legal action to collect them. At a minimum, allow a compassionate lawyer to help your family have the financial stability you deserve.

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