Losing a loved one unexpectedly can be devastating. When a fatal accident is caused by someone else’s negligence, a difficult situation can become unbearable. If you lost a loved one in a reckless or careless accident, do not wait to reach out to a compassionate personal injury lawyer.
Robert James Trial Attorneys offers experienced representation to clients in a variety of personal injury and wrongful death cases. Wrongful death is an extremely emotional and stressful situation. That is why we strive to handle the legal issues so you can focus on being with your family. We can analyze your situation, gather evidence, help you file a lawsuit, and passionately uphold your right to compensation from those responsible. Our DeKalb County wrongful death lawyer can answer your questions and guide you through every step of the process. Call our office today for a free initial consultation.
What Constitutes a Wrongful Death?
In Georgia, wrongful death has a specific legal definition. According to the Official Code of Georgia §51-4-1, it is the death of a person due to the negligence, reckless actions, intentional actions, or criminal conduct of another person. Thus, if your loved one dies because of a car accident, a preventable accident at work, or the negligence of a healthcare provider, you can pursue compensation through a wrongful death lawsuit.
An essential part of any wrongful death lawsuit is obtaining the information needed to prove that another party’s actions were the cause of the death. For example, if a person dies as the result of a car accident, a DeKalb County wrongful death attorney can work to show that a defendant driver was violating a rule of the road in the moments leading up to the crash. This may include evidence of speeding, texting while driving, or even intoxication.
State Laws Concerning Wrongful Death Lawsuits
Georgia law sets forth stipulations regarding who may file wrongful death lawsuits, and what kind of damages are available to surviving family members. Specifically, the spouse of a deceased person may file a wrongful death lawsuit. If there is no surviving spouse, then the surviving children may file a lawsuit. However, if there is no spouse and no surviving children, the parents of the decedent may file a lawsuit. The personal representative of the decedent’s estate may also file a wrongful death lawsuit.
Types of damages available for wrongful death lawsuits include:
- Burial or funeral expenses
- Pain and suffering of the decedent
- Lost wages and benefits of the decedent
- Loss of companionship and care for surviving relatives
- Medical costs related to the decedent’s final injury or illness
Other economic and non-economic damages may be awarded, depending on the circumstances of the case. In the state of Georgia, there is a two-year statute of limitations. This means you only have two years from the date your loved one dies to file a wrongful death lawsuit to pursue compensation. Thus, it is important to seek legal assistance as soon as possible. Our wrongful death lawyer in DeKalb County can work hard to help you and your family pursue the financial settlement you deserve.
How a Wrongful Death Attorney Could Help
The first way in which our DeKalb County wrongful death attorney could help is by performing a full investigation into the facts that led to the death. We can then place those facts within the framework of the state’s wrongful death laws to identify all liable defendants.
The next step is to evaluate how the event has impacted a family. This means working with family members to discuss the specific ways in which the death has impacted their present and future. In addition, we can work with economists and other experts to place an estimated value on the money that the decedent would have earned in their careers had they not passed away. We can also work to place a monetary value on your family’s emotional losses to ensure you are fairly compensated.
Finally, our attorney could present arguments in court on behalf of affected families. We can initiate a lawsuit in local civil courts, argue key points of evidence, and present a case before a jury that makes it clear that the defendant is liable to provide compensation to surviving family members.
Seek a Favorable Solution with the Help of a DeKalb County Wrongful Death Attorney
At Robert James Trial Attorneys, we have guided numerous clients to successful legal settlements. Attorney James listens to the concerns of each client, and he can tailor a legal strategy to help you seek a beneficial outcome. Whatever your situation, we can provide compassionate and personal legal assistance from start to finish. You deserve compensation for the death of your loved one. That is why our firm can fight hard on your behalf and diligently represent your case from start to finish.
Contact us today to discuss your situation with our knowledgeable DeKalb County wrongful death lawyer.