What If I Lost a Loved One Due to Someone Else’s Negligence?
Surviving family members whose loved one was killed because of another individual or entity’s negligence have all the right to bring a wrongful death action against the negligent party with the assistance of a qualified and reliable Cumming, GA, wrongful death attorney.
What Exactly is a Wrongful Death?
When a person’s negligent actions result in someone else’s death, even if the person did not specifically intend to kill anyone, the death is deemed a wrongful death under the law. The negligent party can be held liable for the wrongful death when the deceased person’s surviving family can pursue compensation for the full value of the lost life through a wrongful death claim. Likewise, the surviving family can still sue the negligent party regardless of the liable party’s criminal case outcome because a wrongful death suit is a civil case with a much lower burden of proof.
Who Can Bring a Wrongful Death Action in Georgia?
In Georgia, the following can bring a wrongful death action to pursue damages:
- The deceased person’s spouse
- The deceased person’s children, if the deceased did not have a spouse at the time of death
- The deceased person’s surviving parents, if the deceased did not have a spouse or children
If the deceased person did not have a spouse, children, or living parents when they were killed, the right to pursue a wrongful death claim will fall to the deceased person’s estate administrator or executor.
What Damages Can Be Sought in a Wrongful Death Claim in Georgia?
Under Georgia law, family members can seek two categories of damages or losses in a wrongful death action. The first category of damages is for compensation to the surviving family members for the “full value” of the decedent’s life, which typically include the following economic and non-economic damages:
- Loss of care, affection, advice, companionship, and protection. The full intangible value of their life.
- Loss of tangible income, services, and benefits, including what the decedent might have reasonably earned had they lived
The second category of wrongful death damages is for compensating the estate of the deceased person for financial damages associated with their death. The estate executor must bring this claim and may include monetary compensation for the following:
- Burial and funeral costs
- Medical bills incurred due to the deceased person’s accident-related injury or illness before death
- Pre-death pain and suffering
- Attorney Fees
- Punitive Damages
- Other relevant expenses stemming from the deceased person’s death or injury before death
Consult with an Experienced Cumming, GA, Wrongful Death Attorney Now
The Cumming, GA, wrongful death attorneys of Banks, Stubbs & McFarland know that nothing is more life-altering than suddenly losing a loved one due to another’s negligent acts. We understand how challenging it is to handle grief and legal matters all at once.
We also know that no amount of money could ever make up for your loved one’s unexpected and tragic death. Nevertheless, bringing a wrongful death lawsuit can help you and your family avoid financial problems that may otherwise arise after your loved one’s untimely death. Please call our office at 770-887-1209 or reach us online to arrange a meeting with our compassionate Cumming, GA, wrongful death attorneys now.