Filing an Atlanta Wrongful Death Claim
There are many types of motor vehicle accidents that occur in Atlanta and can result in serious injuries and even death. These include car accidents, truck accidents, motorcycle accidents, and those involving pedestrians, as well. Any type of accident has the potential to result in death. If this occurs, the family of the deceased often has the legal right to file a wrongful death claim to seek compensation from the responsible party. If your loved one was killed in an accident, contact an Atlanta wrongful death lawyer right away.Atlanta’s Wrongful Death Statute
Georgia’s wrongful death statute O.C.GA 51-4-2 allows a decedent’s family members to file a lawsuit. The purpose of the lawsuit is to recoup money from the wrongful party for causing their loved one’s untimely death. The amount of money, or damages, may vary from family to family depending on the specific circumstances of the accident. The damages awarded in an Atlanta wrongful death claim are meant to compensate for funeral expenses, burial expenses, and lost income.The Difference Between a Family Member and an Executor
The main difference between a family member and an estate’s executor filing the wrongful death claim is money. The goal of the claim is to compensate the family for the full value of their loved one’s life. The term “full value” has two separate meanings. The plaintiff can seek economic damages for a lifetime of lost wages. The second component is non-economic damages. They are things that are more difficult to determine, such as the loss of a family member’s companionship.
Both a family member and executor can obtain these damages. However, an executor of an estate can sue for more damages. An executor can also sue for injuries the decedent endured prior to his or her death. This includes typical damages sought in a personal injury claim like pain and suffering and medical bills. If you have questions about the complicated procedure of a wrongful death claim, contact a wrongful death attorney serving Atlanta for help.A Wrongful Death Attorney in Atlanta can Help
Regardless of who files the lawsuit, proving a wrongful death claim requires certain elements. To obtain money from the wrongful party, the plaintiff must prove that:
- The defendant had a legal duty to protect the decedent from death. The defendant assumed that legal duty when driving a motor vehicle.
- The defendant breached that legal duty by causing the accident
- The decedent’s death occurred because of the defendant’s negligence
- The family members are owed damages from the defendant because their loved one suffered an untimely death.
If your family member’s untimely death was caused by the negligence of another, you have the right to sue to seek full compensation for his or her death. Contact The Angell Law Firm, LLC for help.