WRONGFUL DEATH

Our lawyers also represent clients with family members who have died as the result of an injury. We want clients to feel comfortable talking to our personal injury attorney during this highly emotional time. An Atlanta area wrongful death attorney will pursue compensation to which surviving family members are entitled. We have the investigative resources to determine how and why an accident happened and what should have been done to prevent it.

A wrongful death claim exists when a person dies due to the legal fault of another person. The right to file a lawsuit for wrongful death is a relatively new concept. “Common law” (the laws brought to the United States from England) did not allow this kind of lawsuit. But during the last century, state and federal courts created the right to bring a wrongful death action. Every state in this country now has some kind of wrongful death law.

Wrongful death claims involve all types of fatal accidents from simple car accidents to complicated medical malpractice or product liability cases. Persons, companies, and governmental agencies can be legally at fault for acting negligently (failing to act as a reasonable person would have acted) and for acting intentionally. Our wrongful death attorneys represent clients in Atlanta, Carrollton, Cumming, Fayetteville, Alpharetta, and throughout Georgia.

WHO MAY SUE FOR WRONGFUL DEATH?

  • Immediate family members. In all states, immediate family members like spouses and children (including adopted children) and parents of unmarried children can recover under wrongful death actions.
  • Life partners, financial dependents, and putative spouses. In some states, a domestic or life partner, anyone who was financially dependent on the decedent, and a “putative spouse” (a person who had a good faith belief that he or she was married to the victim) have a right of recovery.
  • Distant family members. Some states allow more distant family members, such as brothers, sisters, and grandparents, to bring wrongful death lawsuits. For example, a grandparent who is raising a child may be able to bring an action.
  • All persons who suffer financially. Some states allow all persons who suffer financially from the death to bring a wrongful death action for lost care or support, even if they are not related by blood or marriage to the victim.
  • Parents of a deceased fetus. In some states, the death of a fetus can be the basis for a wrongful death suit. In several other states, parents cannot bring a wrongful death action to recover for financial and emotional losses resulting from the death of a fetus. In those states, the parents can bring a wrongful death action only if the child was born alive and then died. Call our Atlanta area law office to consult with an experienced wrongful death attorney to find out if such an action is allowed in your state.

DAMAGES FOR THE VICTIM'S FAMILY WHICH MAY INCLUDE:

• Immediate expenses associated with the death (medical & funeral).
• Loss of victim’s anticipated earnings in the future until time of retirement or death.
• Loss of benefits caused by the victim’s death (pension, medical coverage, etc.).
• Loss of inheritance caused by the untimely death.
• Pain and suffering, or mental anguish to the survivors.
• Loss of care, protection, companionship to the survivors.
• General damages.
• Punitive damages.