Losing a loved one can be devastating. The pain is only made worse when someone else is responsible for causing the injury and subsequent heartache your family is experiencing. If the decedent was a breadwinner, you have lost that security, too.
At Robert James Trial Attorneys, our caring personal injury attorneys are dedicated to helping people like you who have lost family members due to negligence. We fight for fair compensation from insurance companies or through the courts by filing a lawsuit for negligence. A Riverdale wrongful death lawyer can sit down with you, go over your case, and employ a strategy for getting the compensation you deserve.
Wrongful death lawsuits resemble personal injury lawsuits. If the decedent could have proved negligence for injuries sustained in an accident caused by someone else, the family should be able to file a wrongful death action based on the same information. The family must prove the defendant acted irresponsibly or intentionally, causing the ultimate harm to their loved one. Some examples of wrongful deaths that amount to negligence are:
Often, wrongful death claims can include multiple defendants. For example, the family of a patient who dies in a truck accident could be able to hold both the trucker and their employer responsible. Riverdale families who want to explore a claim for wrongful death should consult an attorney familiar with all aspects of negligence claims.
Georgia prioritizes spouses when deciding who can file a wrongful death claim. If the decedent was not married, the children would file the claim. With no living spouse or children, the decedent’s parents are entitled to file. If there is no immediate family, an estate administrator will file the claim.
The damages award is allocated as not less than one-third to a surviving spouse and, generally, is divided equally between the spouse and children. A lawyer could provide more information on who is able to file a wrongful death claim in Riverdale.
Though no amount of money can right a negligent person’s wrongs, a fair compensation award can help family members recovering from the tragedy stabilize their finances for the future. The courts usually award certain compensatory damages, depending on the status of family members, to each one.
Spouses may receive compensation for losing the loved one’s companionship and for emotional stress and mental suffering after the loss. Children are generally awarded damages for the loss of parental guidance and emotional trauma. Parents of a decedent with no spouse or children are entitled to compensation for their emotional and mental suffering.
The entire family can also be awarded for loss of financial support, future loss of benefits they would have enjoyed if the loved one had not died, and funeral and accrued medical bills. A Riverdale wrongful death attorney knows how to evaluate a family’s losses and pursue an award accordingly.
If you have recently lost a loved one, we are here for you. We understand the grief you feel if someone else causes the death, and we want to help. Although a damages award will never replace your loved one, it can help you avoid an unstable financial future.
Our team at Robert James Trial Attorneys could negotiate with insurers when appropriate and file a claim for you if a settlement is inadequate. Contact a Riverdale wrongful death lawyer at our office to set up your free initial consultation.
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