Wrongful Death Attorney in Atlanta
The term wrongful death may seem woefully inadequate when someone you love is taken away from you because of another person’s negligence, but that is the legal term for such an incident. A wrongful death is what happens when an accident that would normally be classified as a personal injury results in the victim’s death instead. That is a tragic situation, but just because the death is ruled as accidental, that does not mean that the family of the victim cannot get justice for their loved one.
A wrongful death suit allows the surviving family members to be compensated for the financial losses caused by the wrongful death. Financial compensation will not fill the hole left by the absence of a loved one, but at least it helps to ensure the financial stability of their family going forward. At the Issa Law Firm, we have decades of experience helping the residents of Atlanta who have lost a family member due to the negligence of another. We have helped them file wrongful death claims to ensure that they are taken care of in the present and the future. We will do the same for you if you ever find yourself in such an unfortunate situation. Contact our wrongful death law firm to learn how we can help you when you lose someone close to you because of the negligence of another party.
What Qualifies as a Wrongful Death?
As stated previously, a wrongful death is when an accident that would have been classified as a personal injury leads to the death of the victim. So in order to explain the elements of a wrongful death case, it is necessary to explain the elements of a personal injury case.
- The person who caused the accident owed the victim a duty of care. A duty of care simply means that a person should act in a reasonable manner that does not cause harm to others. For example, a driver owes a duty of care to everyone on the road by following the rules of the road and being attentive while driving.
- Someone violated their duty of care; this is also called negligence. A person is being negligent when they fail to behave in a reasonable way and could potentially cause harm to another. A driver, for example, would be negligent and violate their duty of care if they were texting while driving instead of paying attention to the road ahead of them.
- The act of negligence caused an accident. It is not enough that the duty of care was violated, it must have caused an accident as well. Even though negligence is always ill-advised, it only becomes a true problem when it negatively affects someone else, which is typically in the form of an accident.
- The act of negligence caused a person’s death. In a personal injury case, the accident would have only caused injuries to the victim, but it becomes a wrongful death case if those injuries are fatal.
Even though most personal injury cases and wrongful death cases are caused by accidents, there are occasions where deliberate acts can have those classifications as well. If a person gets injured or dies because of assault and battery, then a personal injury or wrongful death claim can be filed against the assailant.
Who Can File a Wrongful Death Suit?
A wrongful death claim can be filed by someone who represents the survivors of the decedent (the person who died) who experienced damages because of the death of the decedent. Those survivors are called the real parties in interest and their representative is usually the executor of the decedent’s estate. The real parties in interest vary from state to state but they will always include the spouse of the decedent and their children. However, some states include other close relations as well.
In Georgia, the real parties in interest include the spouse of the decedent, their children, and their parents. In other parts of the country, the real parties in interest can also include life partners, other family members like brothers or sisters, and anyone who was financially dependent on the deceased.
Why Do You Need a Wrongful Death Attorney?
In Georgia, there are two different types of wrongful death claims: one type of claim is to recognize the full value of the life of the deceased and the other is to cover the financial losses related to their death. You will need a wrongful death lawyer to help you file either type of claim if you want to get the maximum amount of compensation from the party responsible for the accident that caused the wrongful death.
The first type of claim includes monetary damages related to the life of the decedent. These claims can include both financial losses as well as emotional losses. The financial losses include things like the wages the deceased would have earned had they not died; emotional losses would include the loss of companionship and care the decedent would have provided to their loved ones.
The second type of claim is about recovering the losses suffered by the victim in relation to their death. These losses can include the medical expenses for the treatment of the injuries that led to their death, the pain and suffering they experienced prior to their passing away, as well as funeral and burial expenses.
Contact Us if You Have Experienced a Wrongful Death in Atlanta
The Issa Law Firm is dedicated to helping Atlanta residents get the compensation they need after a loved one has suffered a wrongful death. We know that no amount of money is sufficient to replace that loss but we will do all that we can to make sure that the survivors of the deceased are taken care of financially. In Georgia, the statute of limitations for a wrongful death case is two years from the date of death, so please contact our wrongful death law firm within that time frame if you are seeking financial compensation from the responsible party. The wrongful death attorneys at the Issa Law Firm are ready and willing to help you in your time of need.