There are many instances that could cause wrongful death, including traffic incidents, falls, faulty equipment, or products, as well as criminal acts. Regardless of the cause, the pain and loss of a loved one is a time of grieving. Staying on top of legal recovery falls short in comparison.
If you and your family suffered the loss of a loved one to wrongful death, a compassionate attorney could help you seek justice. A Marietta wrongful death lawyer could help guide you through the process and hold the negligent party accountable for their actions. Speak to a seasoned personal injury to discuss your+ case.
Understanding Elements of a Wrongful Death Action
States interpret wrongful death in different ways. Georgia has categorized wrongful death as the death of a person that results from negligence or a reckless, intentional, or criminal act committed by another. The act that causes wrongful death could be committed by a person or an entity such as a business. For example, a Marietta wrongful death attorney might bring a case for wrongful death caused by a defective product against the company that manufactures the product.
One of the key elements of a wrongful death claim is that the deceased must have had the right to sue the defendant for personal injuries if they survived their injury or illness. For example, if the wrongful death was caused by a negligent act such as driving recklessly, and the deceased passes away from their injuries, there would only be a wrongful death case if the deceased could sue the defendant for the reckless driving incident if they were alive. Cases may arise where a defendant is prosecuted criminally and sued in civil court for the same criminal act simultaneously.
Bringing a Wrongful Death Claim in Marietta
Another key issue that arises in wrongful death actions is determining which party should bring the case on behalf of the deceased. Georgia Code §51-4-2 outlines the persons that are entitled to bring a wrongful death action. According to the statute, the surviving spouse is first in line to bring an action on behalf of their deceased spouse. If there is no surviving spouse, the deceased’s child or children are next in line to bring the case. If the spouse was to bring the action and pass away while pursuing the case, the case would also go to the children. If no children or spouse survive the deceased, the surviving parents may bring the case. If neither the spouse, children, or parents survive the deceased, a personal representative would be appointed to handle the deceased’s estate and bring the case.
A wrongful death attorney in Marietta may assist plaintiffs in seeking damages to compensate them for current and future economic losses, as well as emotional losses. Damages available to wrongful death claimants might include:
- Lost wages
- Reasonable lost future earnings of the deceased
- Medical expenses
- Burial and funeral expenses
- Pain and suffering of the deceased
- Loss of care and companionship from the deceased
Reach Out to a Marietta Wrongful Death Attorney Today
The loss of a loved one could be painful and difficult to handle. Let a compassionate attorney advocate on your behalf while you focus on grieving. A Marietta wrongful death lawyer could help bridge the gap and cover the bases for you and your family. They could help wrap up your deceased’s affairs and pursue whatever action is appropriate on their behalf. When you are ready, a dedicated attorney is here to help. Call today.