Hapeville Wrongful Death Lawyer
If you suffered the loss of a loved one in circumstances that should never have occurred, it may be time to talk to a Hapeville wrongful death lawyer. In many situations, a death could have been prevented if someone had only behaved responsibly. Compensation may be available to help make up for some of the losses experienced by your family.
A personal injury lawyer cannot bring back the loved one you have lost. However, a knowledgeable legal advocate could help you find answers and help hold the responsible party accountable. Reach out to a dedicated attorney who could investigate your case with the help of an in-house medical professional and state-of-the-art technology.
When is a Death Considered Wrongful?
The state wrongful death statutes, which allow family members to seek damages for the loss of a loved one, apply in cases described as “homicide.” Under O.C.G.A. §51-4-1, homicide in this situation refers to death caused by negligence, defective products, or criminal actions.
Wrongful death attorneys most often handle cases where a death results from someone’s negligent behavior. A person is considered negligent when he or she owes a duty to another, fails to fulfill that duty, and another person is injured as a result. For instance, doctors owe a duty to provide reasonable care to their patients. If a doctor fails to provide care to his patient that an ordinary, prudent doctor would provide under the same or similar circumstances, that doctor has breached the duty owed to the patient and should be held liable for resulting injuries.
Types of Claims and Parties Who Can Bring Them
There are two types of claims in a wrongful death lawsuit. The first is the wrongful death claim and the second claim is the Estate Claim. A wrongful death lawsuit in Hapeville operates very much like a personal injury claim. However, since the deceased person cannot seek recovery for his or her injuries, someone else steps in to file the claim on that person’s behalf as well as the estate, which consists of the property left behind for family members or those named in a will.
With respect to the wrongful death claim, if the deceased person is survived by a spouse, that person should file the claim. When there is no spouse, children have the right to file a lawsuit. In situations where there is no spouse or child, a parent or personal representative may bring a claim. The Administrator or Executor of the Estate can bring the Estate Claim. The laws specify how compensation is to be divided regardless of who files the suit.
Compensation After a Fatal Accident in Hapeville
Compensation received in a wrongful death claim is frequently referred to as damages. As part of the wrongful death claim, family members may receive damages that represent “the full value of the life of the decedent” under O.C.G.A. §51-4-2. The value of these damages are viewed from the perspective of the deceased.
Wrongful death claim damages include intangibles such as the joy of the simple moments of life, relationships with family and friends, and the milestones of life. It also includes the tangibles of life, such as the income that person would have made over her life and the loss of her household services.
Estate claim damages include any pre-death pain and suffering, medical expenses incurred before death, and funeral expenses. A determined lawyer familiar with wrongful death cases could help recover compensation for all of these losses.
Contact a Hapeville Wrongful Death Attorney
In situations where a death could have been prevented if someone had only behaved with reasonable care owed to others, it is only fair to hold that person accountable for the loss. A Hapeville wrongful death lawyer could help investigate a situation, determine who may be at fault, and help you obtain justice for your family.
To discuss your case with a dedicated attorney with no cost and no obligation, call at any hour. A wrongful death lawyer could explain the laws and fight to help you obtain a recovery after the loss of a loved one.
