Wrongful Death Claims in Atlanta
A fatal accident is any type of accident or incident in which someone’s negligence or a wrongful act causes the untimely death of another person. In Atlanta, that accident can be a car accident or on-the-job accident, among others. In a typical personal injury case, the victim involved would sue the at-fault party for any injuries incurred. However, in a wrongful death case, the victim is no longer alive to seek financial compensation for injuries. The victim’s family members file the wrongful death claim on his or her behalf. If you need to file a wrongful death suit on behalf of a deceased loved one, contact an Atlanta wrongful death lawyer right away.Only Certain Family Members can Sue After a Fatal Car Accident in Atlanta
Not every family member can seek compensation for a loved one’s death. Georgia law specifically outlines who can sue for a fatal car accident and who cannot. According to Georgia personal injury law, the victim’s spouse can sue for wrongful death. If the victim has children and no will, the spouse must share the proceeds with the children.
If the victim has no spouse, then his or her children can sue for wrongful death. If the victim has no spouse or children, then his or her parents can sue for wrongful death. If the victim has no spouse or children and his or her parents are deceased, then the executor of his or her will can sue for wrongful death. If you need help navigated these complicated rules, a wrongful death attorney in Atlanta can help.Proving Negligence in an Atlanta in a Car Accident
A plaintiff, or victim, must prove negligence in order to receive damages after a car accident in Atlanta. Negligence is the failure to act as a reasonable driver would in the same and/or similar circumstances. The at-fault driver may fail to follow traffic laws, for example, by failing to yield at a stop sign or by running a red light, and cause an accident.
To prove that negligence occurred, the plaintiff must show that the at-fault party, or defendant, did the following:
- Had a legal duty to protect the victim from harm by not causing an accident.
- Violated that legal duty by causing an accident.
- Caused an accident which led to injury or death.
- Owes the victim or his or her family members damages.
A skilled and experienced wrongful death attorney serving Atlanta can help you prove these necessary elements in order to succeed in your claim.Damages in a Wrongful Death Claim
A family can sue the at-fault party for damages, which come in the form of money to compensate for funeral and burial expenses, loss of wages, pain and suffering, loss of companionship, and loss of retirement benefits.The Angell Law Firm can Help With Your Atlanta Fatal Car Accident
We are here for you. We are experienced Atlanta wrongful death lawyers. Contact us.