Wrongful Death Attorneys in Atlanta, GA
When an individual loses their life due to the intentional or negligent action of another person or entity, family members may be entitled to compensation.
What Are Wrongful Death Claims?
'Wrongful death claims are lawsuits that seek damages after the wrongful death of a loved one. Damages are compensation for the loss suffered and can include lost wages, funeral and medical costs, and pain and suffering.
Wrongful death occurs when the loss of life was directly related to intentional or negligent action by another party. These lawsuits can name individuals as the responsible party, or even corporations like car manufacturers.
Successful wrongful death claims generally result in a structured settlement. Structured settlements are a compensation repayment method that ensures long-term financial assistance.
When Should a Wrongful Death
Claim Be Considered?
There are a variety of circumstances that can lead to a wrongful death claim. The most common events that call for a wrongful death suit include:
Fatal Slip and Falls and Similar Accidents
and Intentional Killings
Who Can File a Wrongful Death Claim?
Anyone who suffers damages due to the loss of life is entitled to a wrongful death claim. These parties, known legally as real parties of interest, can file separate or combined claims. Typical real parties of interest include:
Spouses - Naturally, spouses are first in line when it comes to real parties of interest. Spouses can sue for future earnings as well as childcare and daycare costs incurred due to the loss of their partner.
Financial Dependents - Financial dependents, such as children and individuals under the guardianship of the deceased, also have a right to file a wrongful death claim.
Distant Family Members - In certain cases, even family members outside of the immediate family can file a claim. This includes siblings, grandparents raising a grandchild, and other special circumstances.
What Has to Be Proven in
Wrongful Death Claims?
Multiple facts must be established for a successful wrongful death claim. These facts include negligence, a duty of care, direct and proximate causation, and incurred damages and suffering.
Let's break down these elements of a strong wrongful death claim a bit further.
Negligence - Your suit must prove the death was not due to any actions taken by the deceased. Then, the claim must prove the death was due to negligence, intentional harm, or reckless behavior.
Duty of Care - Claimants must demonstrate the accused had a duty of care for the deceased individual.
For example, consider a car manufacturer that sells faulty or defective vehicles that lead to the death of a customer. It can reasonably be argued that the manufacturer had a responsibility to provide the deceased with a safe vehicle.
Direct and Proximate Causation - This means the negligent, intentional, or reckless behavior directly contributed to the loss of life.
For example, a wrongful death claim involving a fatal auto accident may point to the defendant's excessive speed at the time of the accident as a direct cause for the severity of the crash.
Damages and Suffering - This is the most simple aspect of a wrongful death claim to prove, although the details can be complex. Claimants must prove real financial losses and/or emotional pain and suffering as a direct result of the death for a strong claim.
What Are Wrongful Death Damages?
There are multiple damage categories in wrongful death claims. Common types of damages sought by surviving parties include:
Pain and Suffering of the Deceased
Medical Treatment Costs Prior to Death
Funeral and Burial Costs
Loss of Love or Companionship
Loss of Inheritance Due to the Loss of Life
Losing a loved one is never easy. We will work with you every step of the way through this difficult time.
How We Can Help
Wrongful death settlements can be challenging to secure on your own. And after the unexpected loss of a loved one, many family members simply aren't up to the task of a prolonged legal battle.
We have extensive experience pursuing fair compensation in wrongful death cases in Atlanta, Georgia, and the surrounding areas of Savannah, Macon, and Columbus. We are committed to providing empathetic counsel to guide you through this difficult time. We will work with you every step of the way to pursue the compensation you deserve.
With a skilled attorney on your side, you may be able to settle your claim outside of court. This can potentially save you court fees and lead to a lump-sum payment. Lump-sums allow survivors of the deceased to immediately pay off outstanding medical, funeral, and other debts.
If your case does go to court, we will work tirelessly to secure a favorable ruling. Courts typically provide damages through structured settlements. Structured settlements payout awarded damages over an extended period of time. This allows family members to receive ongoing support for expenses like mortgages and childcare after the loss of their loved one.
Wrongful Death Attorneys in Atlanta, GA
Deochand & Jayswal Law Group have built their reputation on pursuing fair compensation for our clients. We are proud to extend our services to the community of Atlanta, Georgia, and the surrounding areas of Savannah, Macon, and Columbus.
Don’t fight for your wrongful death settlement alone. Contact us today to schedule a consultation to discuss your wrongful death claim.