The wrongful death of a loved one brings unbearable pain. Its impact becomes even more intense and the suffering deepens when their sudden and unexpected demise was caused by someone else’s neglect and could have been avoided.
Occurrences that can lead to wrongful death cases are fairly common. They could be the result of dreadful incidents such as car or motorcycle crashes, attacks by animals, and even medical malpractice. Such devastating incidents can cause immense emotional trauma and significant financial loss.
If you have lost a loved one due to someone else’s wrongful action, contact our Atlanta wrongful death lawyer at Libra Law Firm today at (404) 800-4009 to schedule a free case evaluation.
Reasons Behind Wrongful Death
It’s tragic that the lives of blameless people are cut short due to someone else’s negligence. In several incidents related to personal injury, wrongful death may occur. Such situations encompass car collisions, truck accidents, birth-related injuries, liability issues in products, workplace mishaps, and instances of medical malpractice.
Establishing Fault in a Wrongful Death Case
To make a successful claim of wrongful death in Atlanta, you and your lawyer have to fulfill four primary conditions to establish the defendant’s accountability.
First, it’s important to demonstrate that the person considered to be at fault had a responsibility to act safely around the individual who has passed away. This is known as a “duty of care.” Take for instance a doctor who was looking after a patient. They were bound to provide their patients with a certain degree of competence and safety in their healthcare service.
Next, it has to be established that the accused violated the duty of care they had to the deceased person. For example, your lawyer can provide evidence that the doctor failed to correctly diagnose the patient, when another professional with the same level of education and training wouldn’t have made that error.
Then, you and your attorney have to prove that the violation of the duty of care directly caused the death of the departed individual. For instance, if a physician misdiagnosed them, it should be demonstrated that this mistake resulted in a significant progression of the injury or ailment — a situation that another doctor could’ve rectified — which ultimately led to the person’s untimely demise.
Lastly, you will need to ensure that the injuries derived from the duty of care violation are directly linked to the damages specified in your legal claim.
Who is Qualified to File a Wrongful Death Lawsuit?
Under Georgia law, the immediate family of a deceased individual can file a wrongful death claim to seek compensation or damages. These typically include funeral and burial costs, loss of household services, parental guidance, as well as ongoing and potential financial support.
Here are some individuals eligible to file a wrongful death claim:
- Spouses
- Surviving partners
- Parents
- Adult children
- Siblings
- Grandparents
- Any person with a legitimate claim to the deceased’s estate
- Any individual who depended on the deceased for financial support
How a Wrongful Death Attorney Can Help
As you pursue justice in a wrongful death claim, it is crucial to be represented by an experienced wrongful death lawyer. The Libra Law Firm has been successfully advocating for wrongful death victims in Atlanta for years. Our strong track record and satisfied clients demonstrate our competence and commitment.
Recovering Damages in a Wrongful Death Case
In wrongful death lawsuits, winning compensation often requires proving that the defendant was negligent. You must demonstrate that the defendant owed the victim a duty of care, and their failure to uphold that duty directly caused the death.
Unlike other injury cases, wrongful death claims can have a deep financial impact, especially if the deceased was the primary provider for the family.
The compensation available in Georgia wrongful death cases varies based on the deceased’s role and the losses suffered by their family. Examples of economic damages include:
- Funeral and burial costs: including cremation fees, funeral services, death certificates, and related expenses
- Medical expenses: costs for the final illness or injury treatment of the deceased
- Lost earnings: income the deceased would likely have earned were it not for their death
- Value of loss of household services
In addition to economic damages, families may seek non-economic damages such as:
- Loss of guidance and moral support: emotional suffering endured by the family after the death
- Loss of financial support: impact on the family’s financial stability due to the deceased’s absence
- Loss of love and affection
The Importance of Hiring a Personal Injury Lawyer to Pursue a Wrongful Death Claim
The loss of a loved one is devastating, and if you need to file a wrongful death lawsuit in Atlanta, it’s essential to hire a skilled wrongful death attorney quickly. The Libra Law Firm offers legal expertise, guidance, and support during this difficult time. We handle the investigation and provide access to resources that may be unavailable without legal representation.
Our attorneys understand the legal environment in Atlanta and Georgia and tailor our approach to meet the unique needs of your case. From the initial consultation to settlement or trial, you can trust the Libra Law Firm to manage your wrongful death lawsuit with care and professionalism, helping to ease your burden so that you can focus on healing.
Statute of Limitations for Wrongful Death Claims in Georgia
It is imperative to adhere to Georgia’s statute of limitations when filing a wrongful death claim. This law sets the deadline by which a claim must be filed. Generally, in Georgia, you have two years from the date of death to initiate a wrongful death lawsuit. Missing this deadline could result in your case being dismissed.
Contact a Wrongful Death Attorney in Atlanta
If you have lost a loved one due to another party’s negligence in Atlanta, the Libra Law Firm is here to help. Contact us today for a free consultation with one of our dedicated wrongful death attorneys.
Call us at (404) 800-4009. We are ready to listen to your story and discuss how our legal knowledge and resources can support you in this challenging time.
