Wrongful death cases may include deaths caused by the negligence of an individual or corporation. The death may have resulted from an auto accident, a workplace accident or several other types of deadly accidents. An Atlanta wrongful death attorney at Boling Rice LLC has the experience litigating wrongful death cases caused by all different types of incidents necessary to help you obtained the justice you deserve for the loss of your loved one.
Through this page, our Atlanta wrongful death lawyers have provided information we hope will be helpful to you in either making a decision whether to contact our firm regarding representation or learning more about how wrongful death cases work.
If you looking for an attorney to handle a wrongful death case, you are dealing with an unimaginable loss. Your case is a very important matter and therefore, the hiring of a competent, caring wrongful death lawyer becomes even more critical.
We believe our attorneys are the perfect fit for most wrongful death cases. The main reason we believe this is because our lawyers are experienced trial lawyers, with the utmost in ethics, who actually care immensely about each of their clients and their clients’ cases.
We purposefully take on a small number of cases so we can ensure that we provide personal attention to each and every one of our clients and their cases. Through this personal care and attention, our lawyers have obtained numerous peer awards and nominations for the results they have been able to obtain for their clients, including the following:
In addition, many of our wrongful death attorneys previously defended these types of cases for insurance companies in court. This is important as more often than not a wrongful death case is covered by insurance and therefore defended by insurance company lawyers.
Our lawyers have a unique, behind the scenes, perspective on how the defense and insurance company views and defends most wrongful death cases. Given us an edge some attorneys simply do not have.
The loss of a beloved family member will affect you for the rest of your life. If you have lost a spouse, child or parent due to someone else’s negligence, you may be entitled to pursue a wrongful death claim.
Georgia limits the people who may bring a claim of wrongful death. For example, if you were dependent on someone financially, you may be entitled to pursue a claim of wrongful death if that person was killed due to someone else’s negligence even in situations where you were not related to the deceased. We have created the ultimate guide to Georgia wrongful death claims to help families better understand how these claims work in Georgia.
The answer to this question depends on which of the multiple people and entity’s wrongful death claim you are pursuing. Below is a breakdown of what damages can be pursued by each person or entity with a claim.
The Estate of the Deceased:
The Estate of the deceased is very limited in the type of damages that can be pursued for the wrongful death of the individual. These damages are limited to the following:
1.) Funeral Costs;
2.) Medical expenses; and
3.) Pain and Suffering.
Pain and suffering damages in wrongful death cases does not come up often and sometimes can be overlooked by many as an additional claim the Estate has a right to pursue. Pain and suffering damages come into play when the deceased survived for a significant period of time after his or her injuries thus suffering from the pain involved before passing.
A significant amount of time is not as long as you may think. It can be as short as several minutes. Obviously the value of this claim increases significantly the longer the deceased survived his injuries before passing. We have represented estates where the deceased survived for weeks fighting for his or her life in a hospital before succumbing to his or her injuries.
The Surviving Spouse, Children or other Family Members:
The most recognized damages claim in wrongful death cases is the right to recovery by the family for the death of the deceased. Georgia law limits which family members can bring a wrongful death claim and what can be recovered. The law sets out a hierarchy of family members who can bring a claim.
The first person who can bring a claim is the deceased’s spouse and his or her children on their own or through the spouse. It should be kept in mind that if the deceased is survived by a spouse and children, these plaintiffs must split the award of damages.
The second category of persons allowed to bring a wrongful death claim is the deceased’s parents. However, parents only have the right to bring a claim if and when the deceased is not survived by a spouse and/or children.
If the deceased is not survived by a spouse or children and also not survived by either parent, a wrongful death claim can be brought by the surviving spouses siblings.
Surviving family members may be entitled to receive damages for one or all of the following:
• Loss of companionship
• Loss of value of life
• Loss of consortium (sexual relationship and other services)
• Actual financial losses, if the deceased was a provider of the household
• or you or your children were dependent on them financially
• Mental pain and suffering
Wrongful deaths are the most devastating personal injury claims that exists. The lost of a loved one is traumatic personally and potentially financially.
As highlighted from the above discussion, wrongful death claims can be complicated matters to pursue for those not familiar with the nuances of who can bring what claims in Georgia. For all of these reasons, it is always advisable that you at least speak to an experienced Georgia wrongful death lawyer about your potential claim.
Contact an Atlanta Wrongful Death Attorney Today!
If a loved one was killed because of the negligence or recklessness of another party, please contact our Atlanta Wrongful Death Lawyers at Boling Rice LLC today for a free confidential initial consultation at (770) 744-0890 or complete our free case evaluation form.