Marietta Wrongful Death Attorney
Marietta is home to a number of beautiful parks, sports fields, and historic sites. For these reasons, the city is visited by thousands of tourists every year. While the tourist industry has helped turn Marietta into a thriving Atlanta suburb, it also means that there are more cars on the roads than ever before in the city’s history. With the increase in vehicles has come a spike in car accidents, many of which result in fatalities. When someone’s negligent or reckless conduct causes another person to suffer an injury that is so severe that it ends up costing the victim his or her life, the surviving family members can hold the at-fault party accountable by filing a wrongful death lawsuit. Only certain individuals are permitted to file these claims, so if you recently lost a loved one in an accident, it is critical to consult with a knowledgeable Marietta wrongful death lawyer who can explain the filing process.Wrongful Death Defined
In Georgia, a wrongful death is one that is caused by the reckless, negligent, intentional, or criminal acts of another person or entity. A good rule of thumb is that a case will justify a wrongful death claim if the victim could have filed a personal injury claim against the other party if he or she had survived. However, because the victim cannot file the claim on his or her own behalf, it must be done by an individual designated by law. For example, only a victim’s spouse or child can file a wrongful death claim on that person’s behalf. However, if the decedent did not have a surviving spouse or child, the claim can be filed by a parent or the representative of his or her estate. In the event that a lawsuit is filed by a decedent’s personal representative, any damages that are recovered will be held by the estate for the benefit of the victim’s next of kin. If you have questions about your ability to file a wrongful death suit, contact a Marietta wrongful death lawyer.Potential Damages
If a claim is successful, a decedent’s heirs will be eligible to collect damages compensating them for the intangible and financial value of the decedent’s life, which could include:
- Lost wages;
- Lost benefits;
- Medical expenses related to the deceased’s final injury or illness;
- Funeral and burial expenses;
- Loss of care and companionship; and
- Pain and suffering endured by the decedent during his or her final injury.
The amount awarded will need to be divided equally between the decedent’s surviving spouse and any children. However, a surviving spouse will always receive at least one-third of the total damages awarded.
Generally, all wrongful death claims must be filed within two years of the date of the decedent’s death, although in some situations this deadline can be extended if there is also a criminal case pending in court. To ensure that your claim is not barred by the court, you should speak to an experienced wrongful death attorney serving Marietta about filing deadlines and other procedural requirements.Contact Us for Assistance With Your Claim
Although collecting compensation will not return a loved one to his or her grieving family, it can help those individuals pay necessary debts while they mourn, so if you lost a relative in an accident caused by someone else, please contact the Angell Law Firm at (770) 217-4954 to schedule a consultation with a wrongful death attorney serving Marietta.