Calvin Smith Law - The Injury Lawyers

Can You Sue for Wrongful Death in Atlanta if the Victim Was Elderly?

wrongful death

Losing a loved one is hard enough when they pass away from natural causes or an illness. It seems impossible to fathom that someone you care about would die in a car accident. Sadly, this happens to thousands of people every year in this country. One person decides to drive recklessly, and another innocent motorist is killed. That’s not to say that all car accidents are caused by reckless drivers. There are plenty of crashes that are the result of an accident. Someone looks away from the road for a few seconds and slams into the back of the car in front of them. Or someone is driving too fast, loses control of their car, and causes a head-on collision. When serious accidents like this happen, people die.

If your loved one is killed in any sort of accident, you may be able to file a legal claim. This would be called a wrongful death claim. These cases involve any situation where someone dies as a result of another person’s reckless or negligent act. Your family would be entitled to damages for the loss of your loved one. You may also be entitled to the damages the victim would’ve been allowed to demand had they survived the accident. It doesn’t matter how old the victim is. You can file a wrongful death claim when anyone loses their life as a result of negligence. The only thing that can be impacted by their age is the amount of damages you can demand.

If your loved one is killed in any sort of accident, you should call an experienced personal injury lawyer in Atlanta right away. They can handle the legal side of things while you focus on taking care of your family.

Who Can Sue for Wrongful Death in Georgia?

Georgia is very clear when it comes to who can sue for wrongful death. If the victim was married, their spouse is the first person entitled to sue. The spouse will also be suing on behalf of any children they had with the victim. If there is no spouse, suit can be filed by either the decedent’s parents or the personal representative of their estate. Once suit is filed, you can demand two types of damages.

The first sort of damages is meant to compensate you for the value of your loved one’s life. This includes things like lost income and lost future earnings. This is when the age of the victim could come into play. If someone is in their seventies or eighties, they may not have any lost future income. In fact, once someone is over the age of retirement, the courts will presume that they had no future income. If your Atlanta personal injury lawyer can prove otherwise, you may be eligible for damages.

The other type of damages involves the money your family loses as a result of your loved one’s death. This could include medical bills or funeral expenses. For this type of damages, it doesn’t matter how old the victim was. Your family is going to experience this sort of loss no matter what.

How Can an Atlanta Personal Injury Lawyer Help?

When your loved one passes away, you won’t be in any position to deal with a wrongful death claim yourself. You need to focus on grieving and taking care of your family. You shouldn’t have to fight with insurance companies or lawyers. An experienced personal injury lawyer in Atlanta know the law when it comes to wrongful death claims. They know how to prove your case. They also have years of experience dealing with insurance adjustors. They know how to negotiate a settlement of your claim. They also will fight to get your family the compensation you deserve.

Your attorney will have your best interests in mind. They won’t force you to sue if you don’t want to. They won’t make you accept a settlement unless you’re comfortable with it. Their goal is to make your family whole. There’s no way money can replace your loved one. But the person responsible for your loved one’s death needs to be held accountable.

Call our office right away and schedule your free initial consultation. You can sit down with someone who knows what you’re going through. They will do what it takes to get your family the money they deserve. They’ll also handle the legal side of things so you can focus on what is important right now.

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