In accidents causing death, a civil claim for wrongful death is often appropriate. A wrongful death refers to the type of death caused by the negligent or willful conduct of another, and the term truly does capture the heartrending tragedy faced by the family and loved ones of a wrongful death victim. Furthermore, a wrongful death claim can arise out of any number of accidents, including motorcycle accidents, trucking accidents, employment accidents, medical accidents, and mechanical accidents.
In such accidents, the victim does not need to die at the scene of the accident or even immediately following the accident for a wrongful death suit to be appropriate. Often, if someone dies as a result of injuries caused by the accident within a year of that accident, a wrongful death claim may be filed. However, in some cases, the length of time required from the date of the accident to the death of the victim may in fact be longer than one year. To assess whether a wrongful death claim is possible, Atlanta residents may wish to consult with an Atlanta Wrongful Death Lawyer.
Who can file wrongful death claim?
In a wrongful death claim, the deceased victim is referred to as the decedent, and the person who may file a claim for compensation on behalf of the decedent varies according to their relationship. For a child, the appropriate party is often a parent or a guardian. If the decedent is survived by a spouse, then it is the spouse who may seek to recover money damages not only on behalf of themselves but also on behalf of any children. If, on the other hand, the decedent is survived by only their children, then the children may file a wrongful death claim. If there are no surviving family members, then other legal rules govern who may properly file a wrongful death claim.
What damages are recoverable?
The law cannot provide amends for the tragedy faced by the family and loved ones of the decedent, but it can provide money damages that may be able to ease the pain and suffering of those who survive the decedent. These damages often include funeral expenses as well as any medical expenses for injuries caused by the accident that killed the victim. It may also be possible to recover damages for lost wages. In Georgia, for example, a wrongful death claim includes the value of the decedent's life. This value is measured by the amount of income the decedent would have earned over the course of their life if they had not been killed.
How to file a wrongful death claim
The Georgia judicial system has a language all its own with accompanying procedures and regulations that may seem alien to those not well-versed in them. These procedures often involve the timely and proper filing of documentation with the court, and missing a deadline or improperly filing the necessary paperwork may result in the dismissal of one's claim.
To assist with successfully navigating the judicial system, Atlanta residents have in the past benefited from the assistance of an Atlanta wrongful death lawyer.
Contact an Atlanta Wrongful Death Lawyer to determine if a wrongful death claim may be possible for your loved one.