DeKalb County Wrongful Death Lawyer

No event can hit a family as hard as the unexpected death of a loved one. Whether this death is the result of an accident, medical malpractice, or even a criminal act, the family of the deceased may be forced to deal with the aftermath for the rest of their lives. To take every step possible to provide for your economic and emotional future following this type of tragedy, you may want to consider filing a lawsuit with a DeKalb County wrongful death lawyer.

Under the law, a wrongful death is often referred to as one that could be attributed to the negligence or intentional act of another party. In these lawsuits, the plaintiff may need to prove that the defendant violated a duty to protect the decedent and that this violation caused the death. A proficient injury lawyer could help the families of the recently deceased protect their financial future and to hold the responsible parties liable in civil courts.

How a Wrongful Death May Occur in DeKalb County

Wrongful deaths typically occur in one of two ways. The more common way is a death that results from an accident. This could be something as simple as a slip and fall in a store where someone lands on their head or the result of a complex medical malpractice accident. In any event, the plaintiffs in these cases generally must be able to prove that the actions of the defendant, while accidental, contributed to the death of their loved one.

One type of wrongful death claim must prove negligence on the part of the defendant and that the negligence caused a death. The idea that the defendant did not mean to cause the accident, much less a death, is irrelevant.

Another source of wrongful deaths is crime. Homicides generally will trigger a criminal case, but may also result in a civil suit. It is important to remember that a criminal case typically does not award compensation to a victim’s family. If compensation is desired, the family generally must pursue a civil case on their own. A DeKalb County wrongful death attorney could work with families to pursue these cases.

What Makes These Cases Unique?

In many ways, a wrongful death case is similar to any other personal injury claim. However, there are some key differences. One is in determining the plaintiff in the case. Usually, the injured person in a case is the plaintiff. However, in a wrongful death case, the plaintiff is generally a member of the victim’s family.

O.C.G.A. §51-4-2 states that when the deceased is a spouse, the surviving spouse may serve as a plaintiff. If there is no surviving spouse, the children may bring the case to court. Likewise, if the decedent is a child, the parents of that child may serve as plaintiffs under O.C.G.A. §19-7-1. The law frequently allows a plaintiff to come forward after a wrongful death, even if this is a personal representative appointed by a court.

Another unique aspect of a wrongful death case is that it typically involves two distinct claims – the estate claim and the wrongful death claim. The estate claim usually allows a plaintiff to recover for the pain and suffering of the deceased, as well as any medical bills incurred before death, funeral expenses and some other economic damages. The wrongful death claim commonly allows the plaintiff to recover for the full value of the life of the deceased. A DeKalb County wrongful death lawyer could help pursue your wrongful death lawsuit for all applicable compensation.

How a DeKalb County Wrongful Death Attorney Can Help

The loss of a loved one is traumatic. You may need time to grieve and to come to terms with what has happened. Unfortunately, the economic consequences of the death cannot be ignored, especially if the decedent was the primary earner in the family. A wrongful death lawsuit could provide compensation for not just the suffering of the decedent, but also for the economic and familial hole left by the loss. Contact a DeKalb County wrongful death lawyer today. They could work to demonstrate how the negligence of another party resulted in the death of your loved one.

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