Families can take legal action when a loved one dies from an intentional or negligent act. These claims are contentious and emotional. No matter how many legal actions you take, your family will not come back.
One hurdle in these claims is determining who can file and how much they can seek. Families are grieving, and the last thing they think of is how much money they can get. Families want justice.
Our Chamblee personal injury lawyers will fight for you. John Foy & Associates will fight for you and help you get the justice you deserve.
Who Can Qualify to Take Legal Action
Our most challenging conversation with family members is about who can file a wrongful death lawsuit and who will be responsible for any funds awarded. If the deceased was married, the spouse is the only person who can take legal action.
If the deceased also had children, the spouse remains the sole person eligible to file. The spouse can take legal action on behalf of their mutual children.
The surviving children can only file a claim if there is no spouse. Minor children may have additional challenges, and a wrongful death lawyer in Chamblee, GA, can work with their guardians to find solutions. When there is no spouse or child, the parents can take legal action, and if no family member qualifies, the administrator or executor of the estate can.
Differences Between Estate Claims and Wrongful Death Claims
A wrongful death claim can commence when a Chamblee wrongful death lawyer evaluates the damages and calculates the total value of the person’s life. We can do this by considering lost earning capacity, pain and suffering, and loss of household services.
Love and companionship are also pertinent to these claims and are often more challenging to calculate. Other damages are possible, and any award will be given to the surviving family that started the lawsuit.
Conversely, their legal representative brings an estate claim against the negation party. It can also be done with the executor of the deceased’s will. The legal representative is often also a family member like the spouse or children.
However, the executor or legal representative can be anyone. Estate claims will focus on funeral expenses, medical bills, and pain and suffering. Awards are paid to the estate and disbursed according to the person’s will.
Accidents that Lead to Wrongful Death in Chamblee
A person can die instantly, and many accidents that lead to these deaths are often preventable. Some are intentional, and others are not. When someone decides to make a reckless move and endanger others, they should be accountable for their actions.
Some of the most common incidents that result in death are:
- Workplace accidents
- Car accident
- Defective products
- Premises liability
- Medical malpractice
- Nursing home abuse
A Chamblee wrongful death lawyer can investigate the actions leading up to the death and gather evidence. In some of these cases, multiple parties are at fault.
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Who Can Be at Fault in a Wrongful Death Case
Once you discover how the death occurred, you must determine who is at fault. Any person or entity that committed a wrongful act resulting in death can be sued by the surviving family. Most often, these parties will include:
- Auto part manufacturers
- Medical staff
- Nursing home staff and administrators
- Medical facilities
- Drivers
- Pharmaceutical companies
- Product manufacturers and distributors
Step one is to explain how the accident happened and who caused the injury. The final step is to gather insurance policies and begin a claim. Several parties can be named in a wrongful death lawsuit.
Criminal Acts and Wrongful Death
Sometimes a person’s death involves acts that are so egregious and intentional that they are considered criminal. When this happens, the person must be charged with murder, manslaughter, or homicide. The perpetrator will face criminal penalties, and some consequences they will face include fines, probation, and incarceration.
A criminal case can work in tandem with your civil actions. You can use the criminal case results to help in your compensation pursuit. A Chamblee wrongful death attorney can help you decipher if the criminal case will help you and how to handle both.
There Are Time Limits
We do not want to push while you are grieving, but Georgia has concise deadlines for victims to work with. Families have two years to file a wrongful death claim in Chamblee.
Criminal cases and those involving government agencies have exceptions to the rule. Those exceptions are shorter than the two-year statute.
It is essential to seek advice from a wrongful death attorney in Chamblee, GA, to stay within these deadlines and protect your rights. While these timelines seem long, they are not, and you must move quickly.
Compensation Categories
Families are apprehensive about filing claims because they cannot fathom putting a monetary value on a person’s life. Your loved one was invaluable to you, and no money will ever seem like enough. However, getting justice means calculating your family’s losses.
The two compensation categories available are economic and non-economic. You can seek and tabulate these damages. Punitive damages are also available in rare cases and are strictly awarded by the court.
Together, economic and non-economic damages are compensable damages. Chamblee wrongful death attorneys will seek:
- Medical expenses
- Burial costs
- Emotional distress
- Loss of care
- Loss of companionship
- Loss of income
- Pain and suffering
- Loss of consortium
If you are awarded damages as a spouse, and there are children, the law states that the compensation should be awarded equally among all parties. When there are children, the spouse will receive a minimum of one-third of the award. If the children are minors, the parent will handle the finances until the children become adults.
Work with the Strong Arm in Chamblee
With over 20 years of experience in personal injury, John Foy & Associates knows the ins and outs of wrongful death claims. Our knowledgeable Chamblee wrongful death lawyer can help you seek compensation after your loss. You must focus on grieving, and we will take as much of the burden as possible so you can.
We offer a free, no-obligation consultation to review case details and discuss the next steps. Schedule an appointment to meet without wrongful death lawyers in Chamblee by calling or filling out our contact form.
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