Death is hard for any of us to understand. Losing someone forever alters us. When we think about the loss being because someone made a mistake, we want to do what is right for our family, and for the lost loved one. Natural and healthy questions arise. Surviving family members, often faced with significant emotional and financial burdens, deserve answers and justice.
Wrongful death claims occur when somebody loses their life through someone else’s fault, negligence, recklessness or criminal behavior. This can happen in any number of ways, including a car crash/collision, tractor/trailer crash/collision, a slip and fall, or nursing home abuse.
In order to pursue a wrongful death claim, it is necessary to show that the negligent or careless conduct of the person or entity that caused or contributed to the death. If the death was caused by malice or intentional violence, a wrongful death lawsuit can also be brought against the responsible person(s). If a defective or dangerous product caused a loved one’s death, the manufacturer might be strictly liable.
In Georgia, a wrongful death lawsuit can be brought by surviving family members, and claims are divided into two parts: the first is held by the deceased’s estate, the second by the surviving spouse or children. The estate’s claim is to recover damages for any medical bills, lost income, and pain and suffering that occurred before the death. Because these pre-death losses are considered debts owed to the estate, it is necessary for the spouse, or the guardian of minor children, to qualify as the executor or administrator of the deceased’s estate in order to sue for these damages. The second part of the claim is designed to compensate for the value of the special life lost.
I know money doesn’t put things right, but I am committed to doing what is right for you and your family. Contact me and let’s talk.