Cobb County Wrongful Death Lawyer
While it is always devastating to lose a beloved family member, the experience could be even more distressing when another person or business causes an untimely death. Survivors may be able to bring claims for wrongful death in such an event. While nothing could compensate for the loss of a loved one, it may be important to make sure that responsible parties are held accountable.
If you have experienced the loss of a loved one and have questions about possible legal claims for wrongful death, you may want to consider getting professional guidance from a Cobb County wrongful death lawyer. A compassionate personal injury attorney could help your family move past this tragedy and help ensure just compensation for the wrongful death.
Wrongful Death Law in Cobb County
A wrongful death case involves a civil lawsuit for damages brought on the behalf of a deceased person against the person or company responsible for a death. Any negligent, reckless, or intentional actions (or inactions) that cause a death may be the basis for a wrongful death case. Even in cases where there is a criminal prosecution relating to the death, survivors and/or the estate of the deceased can bring related civil claims.
There are many types of incidents that could be the basis for a wrongful death claim. Some of which may include:
- Medical malpractice;
- Defective products;
- Tractor-trailer, car, and motorcycle accidents;
- Police or security misconduct; and
- Unsafe property.
Getting experienced legal representation could help survivors understand potential claims, recoverable damages, and actions that could be taken to seek full and fair compensation in any wrongful death case.
Georgia law provides for two types of wrongful death claims. The wrongful death statutory claim under O.C.G.A. § 51-4-2 allows for the recovery of the value of the deceased’s life. While a surviving spouse could bring this claim, the right to bring the case lies with the deceased’s children if there is no surviving spouse.
Georgia law also provides for the estate claim. This personal representative of the deceased’s estate could bring this type of claim. Estate claims are limited to the recovery of expenses related to the death, and pre-death pain and suffering. A Cobb County wrongful death attorney could help loved ones pursue either claim against those responsible.
Recoverable Compensation for Survivors
For the statutory wrongful death claim, the measure of damages is the full value of the deceased’s life. This may become complicated because it typically includes both the economic and non-economic values of the deceased’s life. Economic value is based on losses that may include the amount of money the person would have made had she survived. Non-economic value is based on intangibles arising from the relationship with the deceased. This may include the loss of care and companionship.
The estate claim allows for recovery of the pain and suffering of the deceased, medical expenses, funeral expenses, and other types of compensation that could include punitive damages in certain cases.
How a Cobb County Wrongful Death Attorney Could Be an Ally
When considering a wrongful death lawsuit, it may be important to understand both the potential liability of others and the damages that could be recovered. Putting a monetary figure to the value of a lost life or to the deceased’s pain and suffering is a complex undertaking that requires an understanding of what judges and juries may allow in a case.
A skilled Cobb County wrongful death lawyer could investigate the circumstances of a loss and advise about potential liability and recoverable damages so that survivors could make an educated decision about actions to take. A passionate attorney is dedicated to helping our Cobb County residents in their times of need and work hard to help them obtain a full and fair recovery for their claims. Call for more information today.
