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Rights of Surviving Family Members in Wrongful Death Cases

Wrongful death lawsuits in georgia

A wrongful death claim arises as the result of the untimely death of a person due to a negligent act of another. Unfortunately, there are countless reasons that these claims come about. Some common examples of wrongful death claims include death as a result of a medical mistake by a medical professional, a fatal car accident or trucking accident, unsafe workplace, or improper care received in a nursing home.

If you have lost a loved one due to the negligent and reckless act of another individual, we understand that you are going through a tough time and the range of emotions you are experiencing is unfathomable. If you are a surviving relative, you may be eligible to file a wrongful death lawsuit against the at-fault party and may be eligible to receive financial compensation that can help you towards the financial struggles this incident has brought upon. Immersed in grief and heartache, seeking legal action is not one of your priorities right now, but it is recommended that you retain a wrongful death attorney who can help you through this devastating period of your family’s life. 

At Council & Associates, we have represented Georgia families who have lost a loved one after being involved in a vehicular accident (car accidents, trucking accidents, motorcycle accidents). We understand the grief, sadness, confusion of losing your loved one very suddenly. No amount of compensation can ever replace the loss of a spouse, a child, a parent or any close family member, but we believe that receiving the fair and just compensation for the loss can help families in rebuilding their lives. 

Compensation For Surviving Family Members in Wrongful Death Cases

It can be extremely difficult to cope after a loved one dies unexpectedly. You likely have unanswered questions about how to move forward or if you should move forward with a case.  A common question by surviving family members is what compensation, if any, is available to assist the family who is now without the support of the deceased family member. If you are a surviving family member like a spouse, parent, or child, you can receive compensation in the form of damages from the following: 

  1. Loss of companionship 
  2. Loss of services 
  3. Loss of past and future income 
  4. Funeral expenses 
  5. Medical expenses 
  6. Mental and emotional anguish

The laws of each state vary, however, they allow surviving family members to file a lawsuit and recover monetary damages as a result of the wrongful death of a loved one. In Georgia, there are two distinct categories of damages that can be recovered in a wrongful death lawsuit. First, the survivors of the deceased as outline by Georgia statute can bring a claim for the “full value of the life” of the person who died. Second, a claim can be brought by the estate for the funeral expenses, medical expenses, and pain and suffering associated with the wrongful death.

Wrongful death lawsuits in georgia

Losing your loved one through any circumstance is very tragic and emotionally traumatic but it is especially true if they were taken abruptly by a negligent and reckless driver. We will approach your concerns with care and sensitivity which is what your family deserves. You have to fight for your right to claim in circumstances like this. Although losing someone is a tragic event, insurance companies will look at the loss in a different way. Insurance companies still think that this devastating period is a way to save money, they will use their vast resources to limit the compensation your family should receive because of the loss. Having someone that has the experience and the resources like a wrongful death lawyer to fight for your right to get compensation will be beneficial because we know how to handle these bully insurance companies. We will ensure that your family is taken care of–we have your best interests at heart. 

An experienced wrongful death lawyer in Georgia is one who has handled numerous cases. Only knowledgable attorneys will know how to thoroughly investigate and analyze all the evidence in your case.   

The Council Firm headquartered in Atlanta, Georgia, is dedicated to helping clients achieve the best outcome possible at trial or through a negotiated settlement. For a free, confidential consultation or case review, contact our law firm. Our consultations will help your family determine how to best navigate during this difficult time.