What Is a Wrongful Death Claim?

Wrongful death lawsuits are filed by the survivors or direct family members of someone who died as a result of someone else’s negligence or misconduct. In these cases, the law allows the deceased’s family members to file a wrongful death action seeking financial compensation. Wrongful death lawsuits are intended to compensate family members who relied on the deceased for emotional and financial support. Common wrongful death claims involve car accidents caused by drivers exceeding the speed limit or driving under the influence. Medical malpractice or criminal action that resulted in death are further examples. Wrongful death claims are civil lawsuits and have only monetary outcomes. If the survivors of a deceased person win a wrongful death action, the court requires the accused to pay financial compensation. If a criminal act is the cause of death, the lawsuit will be filed in the criminal court system, resulting in charges such as probation and jail time. Wrongful death will be filed separately in the civil court system. A criminal lawsuit and wrongful death lawsuit will happen at different times in different court systems. A good example is if a drunk driver caused an accident and killed the driver in the other vehicle. The drunk driver could be found guilty in a criminal court and serve time for their crime. The deceased party’s family could file a wrongful death claim in civil court. If the drunk driver was found not guilty, the deceased party’s family could still file a wrongful death claim and win.

What Are Common Causes of Wrongful Death in Atlanta?

Wrongful death can happen for a variety of reasons in Atlanta. Some of the most common causes of wrongful death are as follows: Car Accidents: All drivers are responsible for traveling in a manner that does not endanger others. When a driver fails to do so by driving drunk, speeding, or ignoring road signs, another motorist may be killed. Truck Accidents: Truck accidents are another common cause of fatalities. Truck accidents can be caused by a negligent driver, the trucking company, the cargo company, or a mechanical issue. Motorcycle Accidents: When a motorcycle is involved in an accident, it can be fatal for the motorcyclist due to the lack of protection a motorcycle provides. Medical Malpractice: A patient’s death can occur when doctors and other healthcare staff fail to fulfill their tasks accurately. This can involve hospital negligence, medical or drug errors, or a doctor or nurse’s error. Birth injuries fall under this category. Workplace Accidents: According to a study conducted by the Occupational Safety and Health Administration, 5,333 people died while on the job in 2019. When a company fails to offer a safe working environment for its employees, it can result in a worker’s death that could have been avoided. Other Accidents: Fatal injuries because of intentional or unintentional incidents can occur at any moment under various circumstances.

What Types of Damages Can Be Claimed in a Wrongful Death Lawsuit?

Many expenses often follow the death of a family member, which can be claimed as wrongful death damages. Damages are the goods you may be compensated for following a deadly accident. While a personal injury lawyer can assist you in determining the value of your wrongful death claim, damages (the costs or losses incurred) are divided into two categories. There are both economic and non-economic losses. Economic Damages Economic damages are the financial costs incurred as a result of a loved one’s death. These losses are calculated easily. Costs incurred directly as a result of the accident are included in economic damages. These covers items like: Property Damage Medical Expenses Funeral and Burial Expenses The loss of the decedent’s current and future wages, as well as any inheritance they would have received, are all examples of economic damages. Non-Economic Damages Non-economic damages, unlike economic damages, may be more difficult to quantify. They include the emotional harm that the family suffers as a result of a loss of support and affection, companionship, counsel, and intimate relationships with the victim. This includes the pain and suffering brought on by someone else’s negligent or risky behavior. Because these damages are difficult to measure, it is critical to consult with a wrongful death lawyer. Punitive Damages Punitive damages are the third type of loss that can be added to some, but not all, wrongful death cases. When a fatal accident is caused by deliberate, reckless, or grossly negligent behavior, the family member can additionally seek punitive damages. This is monetary compensation to punish the at-fault party for their actions.

How Do You Prove Wrongful Death?

Proving wrongful death isn’t always straightforward, but it may be done with the help of an expert attorney. For a case to be classified as wrongful death, several criteria must be met. A good example is an employer who was accountable for ensuring a safe working environment for an employee who died on the job. First, the claimant must show that the defendant owed the deceased a duty of care. This indicates that they were obligated to keep that person secure. The claimant must next show that the culprit not only owed the dead a duty of care but also failed to fulfill that responsibility. In our scenario, the employer has breached his duty of care by failing to create a safe working environment for the deceased. Claimants must additionally show that they suffered losses (medical bills, funeral expenses, lost wages) as a direct result of their loved one’s wrongful death. Proving wrongful death is what wrongful death lawyers do best.

Who Can File a Wrongful Death Lawsuit?

In Atlanta, Georgia, wrongful death lawsuits may often only be filed by the immediate surviving family members of the deceased. This includes: The surviving spouse A domestic partner A putative spouse (assumed spouse) The children of the deceased Parents of the deceased (if they do not have a surviving spouse) If the deceased has no living descendants, the individual eligible to inherit their possessions and property has the right to file a wrongful death suit. For those who have not left a will, anyone who the court has designated as the deceased person’s estate representative may file this lawsuit. A victim’s death cannot be brought to justice by detached family members or by anyone the court has not approved as the personal representative of the deceased person’s estate.

What Is the Statute of Limitations for Wrongful Death Lawsuits in Atlanta?

The wrongful death statute of limitations in Atlanta, Georgia, is two years from the date of the victim’s demise. Timing is crucial when it comes to a wrongful death claim. Wrongful death attorneys typically offer a free consultation, so we suggest calling as soon as possible to see if you have a case.

Is There a Cap on Wrongful Death Claims in Georgia?

Wrongful death compensation is limited in some states. In fact, wrongful death cases in multiple states have a maximum amount for which family members can make a wrongful death claim. However, the total monetary restrictions and the categories of losses that can be claimed are not restricted in the state of Georgia. The non-economic losses, such as the emotional trauma of losing a loved one, are distinct from monetary losses such as healthcare costs or lost pay from a job or a future inheritance. To determine whether this applies to your case, it is best to speak to an attorney about your wrongful death claim’s circumstances.

What Does It Cost to Hire a Wrongful Death Attorney?

Wrongful death attorneys typically work on a contingency fee basis, meaning they only receive payment when you receive compensation. There are no upfront costs. If your wrongful death lawyer cannot get you compensation, you pay nothing out-of-pocket. Our Atlanta attorneys offer a free case evaluation, so there is no risk in calling to discuss your legal claim.

Atlanta Personal Injury Law Firm Explains Wrongful Death Benefits

September 19, 2022

Atlanta, Georgia -

Alexander Shunnarah Trial Attorneys helps families of fatal accidents in its latest blog post by explaining wrongful death benefits. The law firm understands how tough it is for the family to bear the loss of a loved one in a wrongful death incident and explains the right to compensation of the victim's family. Alexander Shunnarah, Founder and President of Alexander Shunnarah Trial Attorneys, explains the compensation benefits available for the financial difficulties and emotional trauma a family experiences due to the death of a loved one caused by the carelessness, recklessness, or malicious activities of another person.

Atlanta Wrongful Death Lawyer

The blog post explains that parents, spouses, children, or an estate representative of the deceased are able to file a wrongful death claim. In some states, more distant relatives might also be able to argue their case, as anyone who suffers financially due to the death may file a compensation claim for economic and non-economic damages. The blog post explains the different types of damages that the survivors are eligible for - economic, non-economic, and punitive.

Economic damages include compensation for medical bills, funeral costs, lost wages, and loss of inheritance. These damages are considered economic because they have a direct financial amount associated with them and are not subjective.

Noneconomic damages have no direct financial amount associated and are subjective. Noneconomic damages include compensation for pain and suffering, loss and grief, and loss of companionship.

Some states may also award punitive damages depending on the severity of negligence that caused the death. These are damages awarded in addition to economic and non-economic damages as a punishment for gross negligence and to deter others from taking the same actions.

The blog post elucidates that the plaintiff must establish negligence by clear and convincing proof, proving that the defendant’s actions caused harm.

An experienced Atlanta wrongful death attorney is the best person to fight for a victim's compensation claim. Personal injury attorneys experienced in handling wrongful death claims can help the victim’s family calculate the damages.

An experienced wrongful death lawyer understands the gravity of the situation since it involves numerous parties. They can guide the relative or representative throughout the legal process and help them prove each element of the claim. An experienced attorney works closely with the plaintiff to negotiate a fair settlement and can advise whether or not they should accept the insurance provider’s offer.

The legal team at Alexander Shunnarah Trial Attorneys works hard to win fair compensation for wrongful death claims. They are aware of the trauma associated with unexpectedly losing a loved one in a wrongful death incident. The personal injury attorneys at Alexander Shunnarah Trial Attorneys are known to fight harder than any other law firm. They believe in “going to war” for victims and their families.

Family members of the deceased can contact the law firm of Alexander Shunnarah Trial Attorneys through the law firm’s website to schedule a free case evaluation from a qualified and experienced wrongful death lawyer.

SOURCE: Press Advantage [Link]

About Alexander Shunnarah Trial Attorneys:

Alexander Shunnarah Trial Attorneys work hard to fight for Atlanta accident victims to get the compensation they deserve after an accident. From car accidents to wrongful death to dangerous drugs, our attorneys will not stop fighting for our clients.