If you have lost a loved one because of another person or entity’s negligence, it’s a tragedy that can never be made right. With a wrongful death claim, however, you can pursue the compensation to which you’re entitled, and that can help you on your journey toward healing.
One of the most critical steps is seeking guidance from an experienced wrongful death attorney in Marietta early in the process. We handle cases throughout Georgia, in cities such as Smyrna, Austell, Mableton, Atlanta, Kennesaw, Acworth, East Cobb, West Cobb, Norcross, and more.
Wrongful Death Defined
Wrongful death claims are a unique kind of personal injury claim that applies when the victim of the at-fault party’s negligence or intentional act dies because of the injuries they suffer. In a wrongful death claim, the survivors of the decedent – or the person who lost their life – can seek compensation for the legal damages the negligent party is held responsible for.
Filing a Wrongful Death Claim
The decedent’s surviving spouse is entitled to file a wrongful death claim in Georgia, and if there is no surviving spouse, the decedent’s children are next in line. If the decedent has no surviving spouse or children, their parents or guardians can file. If the decedent has no surviving family members in these categories, a personal representative can file for the decedent’s estate.
Elements of Your Wrongful Death Claim
To bring a successful wrongful death claim, each of the following elements must be established:
- The at-fault party owed the victim a duty of care – the way that drivers are responsible for everyone else’s safety on the road.
- The at-fault party breached the duty of care owed to the victim. This is where negligence comes in; impairment and excess speed are typical examples of fatal traffic accidents. The at-fault party’s negligence was the direct cause of the fatal accident in question.
Seeking the Full Value of the Decedent’s Life
In a Georgia wrongful death claim, you can seek compensation that addresses what is called the full value of your loved one’s life. This is broken down into two primary parts, which include tangible and intangible losses. Intangible losses relate to your relative’s family, close relationships, and their enjoyment of life.
Tangible losses, on the other hand, refer to those losses to which you can assign a value, including the decedent’s earnings and the value associated with the household jobs they performed.
In a wrongful death claim, you can also seek damages on behalf of your loved one’s estate. These generally include their final medical expenses, the pain and suffering they endured, and the cost of their funeral and burial.
It’s Time to Consult an Experienced Wrongful Death Lawyer
Our wrongful death attorneys in Marietta, GA, have the experience, legal insight, and skill to help you recover compensation for your complete losses, and we welcome the opportunity to do so. Learn more by contacting us online or calling us at 770-955-8322 today.