Norcross Wrongful Death Attorney

Earlier this year, a Norcross resident filed a wrongful death suit against a Louisiana doughnut shop after his father died of an allergic reaction allegedly caused by the shop’s use of walnut flour in its products. Although recovering damages cannot replace a loved one, it can go a long way towards helping a victim’s family cover mounting medical bills and funeral expenses. To learn more about filing a wrongful death lawsuit, please contact a dedicated Norcross wrongful death lawyer who can evaluate your case.

Defining Wrongful Death

A wrongful death is a death that is caused by the intentional, wrongful, criminal, or negligent acts of another person or entity. A good rule of thumb is that a victim’s death will support a wrongful death claim if the deceased could have filed a personal injury suit against the at-fault party if he or she had survived. However, even if this standard is met, only certain individuals can file a wrongful death claim on behalf of a loved one.

Eligible Plaintiffs

A person can only file a wrongful death claim on behalf of a victim if he or she is the decedent’s spouse, child, parent, or personal representative. Certain family members have precedence when filing a wrongful death claim, which means that if a decedent had a surviving spouse or child, then those are the only individuals who can file a claim on the decedent’s behalf. If the deceased was not survived by a spouse or child, then his or her parents could file the claim. In the event that a victim had no surviving spouse, child, or parent, then his or her personal representative can file the suit and any compensation recovered will be held by the estate in trust for the deceased’s next of kin. To learn more about whether you can file a wrongful death claim, please call an experienced wrongful death attorney serving Norcross.

Potential Damages

Those who are successful in filing a wrongful death claim stand to collect compensation for the full value of the decedent’s life, which includes:

  • Lost wages and benefits;
  • Medical bills incurred during the victim’s final illness or injury;
  • Funeral and burial expenses;
  • Loss of companionship; and
  • Pain and suffering.

However, if a claim was filed by a personal representative, the estate will only be able to collect compensation for medical bills, funeral expenses, and other costs resulting from the victim’s death. If a family member filed the claim, then the amount of damages he or she receives will depend on how many children the decedent had, as Georgia law requires wrongful death damages to be divided equally between the deceased’s surviving spouse and children.

It is important to keep in mind that a decedent’s loved ones will only be eligible to collect damages if they file a wrongful death claim within two years of the victim’s death, although in rare situations, this deadline can be extended.

Contact a Norcross Wrongful Death Lawyer Today

If you lost a loved one as a result of someone else’s negligent or reckless conduct, please contact the Angell Law Firm, LLC at (770) 217-4954 to discuss your case with a compassionate and skilled wrongful death attorney in Norcross.

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