When a person is injured in an accident and they can prove that the accident was caused by another party’s negligence, the logical next step is to file a personal injury lawsuit against that party to recover damages relating to the injuries. However, if the person is killed in the accident, they will not be able to seek damages — this is where a wrongful death lawsuit comes in.
In a wrongful death lawsuit, the deceased’s next of kin or other affected parties seek damages for the negligence (or malice) of the guilty party in a civil case. From a purely legal perspective, a wrongful death lawsuit is very similar to a personal injury lawsuit. From a personal and emotional standpoint, we understand that a wrongful death lawsuit follows an extremely traumatic and emotional experience — we work with our clients to ensure that we reduce stress as much as possible during this trying time, and fight for the compensation you are rightfully owed.
Contact us today if you have suffered the wrongful death of a family member or loved one, and read more below about what happens in a wrongful death lawsuit.
What Is a Wrongful Death Lawsuit?
Any death that is the result of negligence or malice is considered a wrongful death. For instance, a person killed by a drunk driver in a car accident is the victim of wrongful death, because the person driving under the influence was entirely negligent in their behavior.
Those left behind can file a wrongful death lawsuit in the Atlanta civil courts to seek monetary compensation for their tragedy. The lawsuit seeks to recover compensation from the defendant for a variety of factors:
Economic damages in a wrongful death lawsuit include things like medical expenses and funeral costs, as well as loss of income that the deceased provided, or inheritance that was missed out on. In addition, we will work to quantify the services provided by the deceased and seek financial compensation for these services as well.
Non-economic damages address the real tragedy of wrongful death. We will seek compensation for your loss of love and companionship, the emotional suffering loved ones are left with, and the other “intangibles” of the situation.
Can I File a Wrongful Death Lawsuit in Atlanta?
There are a variety of factors that are considered when determining who is legally able to seek damages through a wrongful death lawsuit in the Georgia courts. The estate of the deceased generally files the lawsuit on behalf of all those legally entitled to damages.
If you are the spouse of the deceased, then you have all rights to seek damages in this lawsuit. If you are the life partner, it is likely that your lawsuit will be accepted, but speak with us to determine our immediate course of action. In addition, the children or parents of the deceased often have rights to damages as well, depending on the specifics of the family situation.
There are many legal gray areas regarding who is allowed to file a wrongful death lawsuit, but if you are unsure of your rights, we will be happy to discuss your options and determine an appropriate way to handle your situation.
Contact Us Today
If you have unfortunately suffered the loss of a loved one by wrongful death, contact us immediately for a free case evaluation. We understand and respect how difficult this time of your life is, and we will work to ensure that this process is as stress-free as possible. We want you to be confident in the people fighting for your financial rights so that you can focus on healing.