A wrongful death lawsuit enables surviving family members to seek compensation for a loved one who died as a result of someone else’s negligence or violence. During these claims, a personal representative of the deceased’s estate is frequently appointed to file a claim. Though, it is common for a close loved one to file a lawsuit, as well.
Not all deaths, including those that are unintentional, are eligible for a wrongful death case. To be brought about by survivors, these instances must meet specified criteria. In order to know whether or not you have a viable wrongful death suit, you should meet with an experienced attorney.
A personal injury attorney in Lithonia is well-versed in the laws surrounding wrongful death claims in Georgia. We are there to help you file the claim and alleviate stress.
When Should You Hire a Lithonia Wrongful Death Attorney?
You may not know where to turn or what to do if your loved one died as a result of wrongful death. We can assist you in seeking justice for the death of a loved one and holding those responsible and accountable for their actions. Call John Foy & Associates for free legal advice if you are not sure if you have a wrongful death claim.
You have the right to collect the full worth of the decedent’s life, which includes missed income and benefits, medical and burial expenses, as well as the intangible loss of companionship and any pain and suffering the deceased may have had. We take these cases seriously and explain every step as the case proceeds.
There is a reason we are known as “The Strong Arm” in Georgia. Our actions and results speak for themselves.
What a Wrongful Death Attorney Can Do for You
A wrongful death attorney can help explain what a wrongful death claim is and how to properly file a lawsuit. They can also help determine the best way to proceed, whether that be through the court process or outside court through settlement negotiations. An experienced attorney will always work with their client to get them the results they desire through what means works best for them.
Wrongful death lawyers in Lithonia assist families who have lost loved ones as a result of another person’s negligence or wrongful act. Attorneys will file wrongful death cases on your behalf and fight for financial compensation to assist you in coping with the financial consequences of a loved one’s unexpected passing.
An attorney will know how to properly investigate your claim and get the justice you and your family deserve for the loss of your loved one.
How a Wrongful Death Claim Works
If a person dies as a result of another’s misbehavior or negligence, the family or survivors may file a wrongful death lawsuit. This sort of action seeks restitution for the losses suffered by the survivors. Lost companionship, lost pay, and burial expenditures are just a few examples of the types of losses that may be claimed.
Many states limit who can file a lawsuit for wrongful death to only the executor or representative of the estate. However, Georgia sets an order for who can file a wrongful death lawsuit: the spouse first, the children if there is no spouse, the parents if there is neither, and otherwise the administrator or executor of the estate.
Additionally, under Georgia Code §9-3-33, the family or estate representative has two years from the victim’s death to file a lawsuit against the responsible party.
Common Wrongful Death Cases We Handle
When a victim who could have legitimately filed a personal injury claim against another party dies as a result of the defendant’s wrongful actions, wrongful death lawsuits may arise. This can happen in a variety of ways, including the following:
- Intentional acts of killing
- Medical malpractice/errors
- Premise liability
- Products liability
- Slip and fall
- Traffic accidents
There is no limit to how a wrongful death can occur. The most common wrongful death claims that are filed in Georgia occur from car accidents. This also happens to be the most common causes of wrongful death claims throughout the entire country.
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Proving Negligence in a Wrongful Death Case
Other than intentional wrongful acts, most, if not all, other wrongful death cases will be based on a claim of negligence. When proving negligence, a party must establish all four factors:
- Duty: A duty is considered a legal obligation that one person has to another. In the case of wrongful death, the defendant must have owed the plaintiff some sort of duty of care.
- Breach: A breach occurs when a person has a duty and breaks that duty. For a wrongful death lawsuit, the plaintiff must show that the defendant breached their duty of care through some sort of action or inaction.
- Causation: The breach that occurred must be a direct cause for the victim’s death.
- Damages: Finally, and usually easiest to establish in a wrongful death claim, the victim must have suffered harm from the defendant’s behavior.
In a wrongful death lawsuit, proving that a person owed the victim a duty of care can be the hardest element to establish. Further, all four elements must be met in order to bring a successful claim against the defendant.
Contact a Lithonia Wrongful Death Lawyer at John Foy & Associates
Hardly anything can be more tragic than a loved one’s untimely death, which has significant ramifications for the surviving family. They must not only cope with their grief and loss, but they must also live with financial stress following a death caused by someone else’s negligence.
If you have suddenly lost a loved one because of someone else’s negligent behavior, you will need to consult with an attorney. The Lithonia wrongful death attorneys at John Foy & Associates have the compassion, understanding, and experience to help you get through these trying times. We are here for you and can help you file a case to seek the justice you deserve.
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