Losing a loved one in a car accident can be a tragic ordeal that can leave your whole family dealing with significant emotional and financial issues. However, if this accident was due to the wrongful actions of another, you should not have to deal with these tragic repercussions alone. Rather, you should be able to pursue compensation for the harm you endured.
Fortunately, with an experienced car accident lawyer in Marietta, you will not have to deal with this challenging situation alone. Instead, you can focus on your healing while these legal professionals fight for the justice you and your family deserve.
What does a Wrongful Death Claim Entail?
In Georgia, wrongful death is a death that was caused by another person’s intentional, reckless, or negligent actions without any legal justification. And as a result of this death, the state’s legal system allows certain family members of the deceased to pursue damages for this wrongful death.
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Who Can Pursue Compensation for a Wrongful Death in Marietta?
In Georgia, there are different people that can pursue legal action for the death of their loved ones. For example, consider the following scenarios:
The Deceased Was Married
If the decedent was married at the time of their accident, the laws in the state authorize the deceased’s spouse to bring a wrongful death claim. If the decedent was not married at the time of their passing, then the decedent’s surviving children would be authorized to pursue legal action.
In addition, the court may also allow the children to bring legal action if the surviving spouse is not able to do so by themselves or if the spouse caused the death.
The Deceased Was Not Married and Did Not Have Children
If the deceased was not married and did not have children, the laws authorize their parents to bring a wrongful death claim. These parents can bring this claim together if they are married and living together. Yet, if they are separated or not married, either parent can bring the case.
Both parents, however, are vested with the right to bring the case, and unless there are unusual circumstances present, both parents must equally share in the monetary recovery.
The Deceased Was Not Married, Had No Children, and There Were No Surviving Parents
If a wrongful death victim dies without any spouse, children, or parents, the state’s regulations authorize the victim’s estate to bring a wrongful death claim. This claim is started by the administrator of the estate, and it does not matter if the victim had a Will at the time of their death, as this will not affect the estate’s ability to seek wrongful death compensation.
Compensation You Can Obtain Following a Wrongful Death in Marietta
Typically, the financial damages awarded following a wrongful death in Marietta depend on what the victim lost and not so much what their loved ones lost. As a result, the court will determine financial damages depending on the victim’s perspective and not the family’s.
The Full Value of Life
According to Georgia’s laws, compensation is often awarded for the victim’s “full value of life.” This value is measured from the point of view of the individual who was killed, and there are two parts to it: the economic and non-economic value.
The economic value of the person’s life often consists of:
- The income the decedent would have earned had they lived an average lifespan, such as wages, benefits, and investment income, and
- The value of services that the victim would have performed
In comparison, non-economic damages are often referred to as the subject damages as there is no rule for measuring these losses. These losses include things related to the decedent’s loss of doing things that they loved and found enjoyable, such as socializing with friends, getting married, playing with grandchildren, or even hanging out with their pets.
As a result, due to the challenges of determining this compensation, it is often in your best interest to work with an experienced Marietta fatal car accident attorney who can help you figure out what damages your family can pursue.
How Can a Fatal Car Accident Attorney in Marietta Help You?
While no amount of money can ever bring back your loved one, securing financial damages for the losses you endured following the death of your family member can help you start rebuilding your life and ease some of the financial turmoil that this death may have caused your family. More importantly, with a skilled Marietta fatal car accident lawyer on your side, you will not have to go after this money alone.
Instead, once retained, these lawyers can:
- Figure out if you have a viable wrongful death claim and determine the legal options you and your family can pursue.
- Secure the evidence needed to show what happened, who was at fault, and the extent of your damages.
- Identify the wrongful parties responsible for your loved one’s death and hold them accountable for your losses.
- Handle the settlement negotiations and go after the money you need.
- Ensure that legal documents and motions are prepared appropriately and filed with the proper court before the statute of limitations expires.
- Take your case to trial if the other side is not willing to provide you the just compensation you are entitled to and fight for maximum monetary damages.
Contact John Foy & Associates Today and Go After the Justice You and Your Family Deserve
Following the wrongful death of your loved one, do not wait to get the legal assistance you need. Instead, contact John Foy & Associates today for a free case evaluation and let our legal team explain how we can help you and your family.