Calvin Smith Law - The Injury Lawyers

Wrongful Death: What Damages are Recoverable?

wrongful death

Wrongful death cases can be a severe blow to a family. When somebody passes away in a tragic accident, the last thing you want to think about is suing somebody. All you want to do is grieve with your family and try to get through a very difficult time. However, if your loved one died because of somebody else’s actions, they should be held responsible. Whether that means you want to get justice or you want to get compensation for the loss of your loved one-it doesn’t matter. Regardless of your motivations, our Atlanta wrongful death attorneys can help.

It’s hard enough to lose somebody that you care about. But it makes it even harder when you know that they shouldn’t have died. If you lost a family member in a car accident or a workplace accident, you’re going to want somebody to pay. This is especially true if the person who caused their death behaved in a negligent or reckless manner.

This is what our personal injury attorneys in Georgia do. They help their clients get compensation for the loss of their loved one. It’s not really about the money-it’s about holding somebody accountable for taking the life of an innocent victim. Even if the defendant didn’t mean to hurt your family member or friend, they did. They caused the ultimate harm, and they should pay the ultimate price.

What Exactly is Wrongful Death?

Wrongful death is exactly what it sounds like. Somebody died when they shouldn’t have. It doesn’t involve a case where somebody was sick for a long time and then passed away from their illness. Wrongful death is when somebody behaves in such a way that it causes the death of a third party. This can involve anything from negligence, recklessness, or even an intentional act.

Our Atlanta wrongful death attorneys don’t care why the defendant behaved the way they did – they just want them to be held accountable. This is why we file wrongful death lawsuits on behalf of our clients. Our associates have decades of combined experience handling these types of cases. They aren’t intimidated by the large insurance companies, and they’ll do what it takes to get you the compensation your family deserves.

Who is Allowed to Sue for Wrongful Death in Georgia?

In a normal personal injury case, the accident victim is the person who files a lawsuit. However, in a wrongful death case, the victim can’t sue for themselves because they’ve passed away. This means someone has to sue on their behalf. In Georgia, according to the wrongful death statute, only certain people have standing to sue for wrongful death.

Standing is just another way of saying that you have the right to sue somebody in court. You have to have had some relationship with the defendant, and that relationship must have given rise to a loss of some sort on your part. In a wrongful death case, the relationship was between your loved one and the defendant, and the loss was the life of the victim.

In Georgia, only the following people can sue for wrongful death:

  • the decedent’s spouse or children
  • the parents of the victim
  • the personal representative of the decedent’s estate

If you don’t fall into one of these categories, then you can’t sue for wrongful death. If you’re not a spouse, child, or parent of the decedent, your only option is to convince the personal representative of your loved one’s estate to file suit. They don’t have to do this just because you asked. However, you can petition the court to require them to sue on your behalf.

Your Atlanta Wrongful Death Attorney Will Demand Damages

If you do decide to sue somebody for wrongful death, your personal injury attorney in Georgia will demand damages. These damages can include anything from the costs of your loved one’s funeral to income that the victim would have earned throughout the course of their life. In Georgia, your attorney can demand the following:

  • Compensation for the burial or funeral of the decedent
  • Any outstanding medical bills related to the accident
  • Damages for the full value of the victim’s life
  • Lost wages and lost future income
  • Lost retirement and investment opportunities
  • Any pain and suffering that the decedent experienced prior to their death
  • Loss of companionship for the decedent’s family
  • Loss of consortium for the victim’s spouse

When your Atlanta wrongful death attorney files the initial, they must list whatever damages they believe you’re entitled to. Since there is a good chance the case will settle before trial, you shouldn’t expect to receive your full demand. There’s a good chance that your attorney will have to compromise somewhere in the middle. This is always better than going to trial. The last thing you want to do is wait months or years for the case to finally get resolved, when all you want to do is grieve your loved one’s death.

Contact a Seasoned Atlanta Wrongful Death Attorney Sooner Rather than Later

If you have recently lost someone in an accident, we suggest you call our office and speak with one of our personal injury attorneys in Georgia. Our associates have years’ worth of experience handling wrongful death cases. They’re very familiar with the law in Georgia and they’ll do whatever they can to get you and your family the compensation you deserve. We recommend that you contact our office as soon as possible after your loved one’s death so you can schedule your free, initial consultation.

As hard as it will be to have to relive the events that cause your loved one’s tragic death, you owe it to them to get them justice. Whatever it is the defendant did that led to your loved ones demise, they need to be held accountable. Whether that means they pay you damages or you get a judgment for $1.00, you need someone to definitively state that it was their fault your loved one died. Our Atlanta wrongful death attorneys understand that completely. It’s our job to get you the compensation you deserve but it’s also our goal to either closure you need.

Since your initial consultation is free, you really don’t have anything to lose. Let our team handle the legal side of things so you and your family can properly grieve.

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