No matter when the death of a loved one occurs, loss can be painful, and feelings of grief are normal. When a death occurs unexpectedly and as a result of a tragic accident rather than natural causes, however, the loss can be more shocking and traumatic.
At the Law Office of Rick J. DeMedeiros, P.C., we understand that there is nothing as painful as losing a family member to a wrongful and neglectful act. If you have suffered loss like this, our north Georgia wrongful death lawyer is here to represent you.
What Is a Wrongful Death Claim?
A wrongful death claim is a type of civil action that seeks to hold a negligent party responsible for the wrongful death of another. These types of actions are very similar to personal injury actions, but for the fact that in a wrongful death claim, the victim is deceased. The elements of a wrongful death claim mirror that of a personal injury action, and include duty, breach of duty, causation, and damages.
Who May Bring Forth a Wrongful Death Action and What Damages Are Recoverable?
Only certain parties may bring forth a wrongful death claim in Georgia. For example, friends of the decedent, romantic partners who are not married, and certain relatives cannot file a wrongful death claim. Those who may pursue damages via a wrongful death action include the spouse of the decedent, surviving children of the decedent, the surviving parents of the decedent (if there is neither surviving spouse nor children), and the personal representative of the decedent’s estate.
Plaintiffs in a wrongful death action may recover damages for economic and noneconomic losses resulting from the decedent’s death. Damages for medical and hospital expenses related to the injury, burial expenses, and the value of the decedent’s lost wages and loss of earning capacity are three of the most common types of economic damages recoverable. Damages for loss of care and companionship and the value of pain and suffering experienced by the deceased are also recoverable.
An Experienced Metro Atlanta Wrongful Death Lawyer Can Help
Filing a wrongful death claim can be complicated both emotionally and legally. To guide you through the law and ensure that your claim meets all requirements and is filed within the state’s statute of limitations, you need a skilled attorney on your side. A lawyer can also aid you in gathering evidence, organizing documentation, evaluating damages, and presenting your claim. Because settlements are often negotiated, it is critical to have a skilled negotiator on your side who understands what your loss is truly worth.
At the Law Office of Rick J. DeMedeiros, P.C., our experienced metro Atlanta wrongful death lawyer is also a skilled litigator, and a compassionate human who empathizes with you. To schedule a consultation, please call our law firm or send us a message online today at your convenience. We are here for you.