The loss of a family member can be devastating, and for some, their grief is complicated by questions and concerns about their loved one’s passing.
It’s not unusual to wonder if the death could have been prevented somehow, especially if it was sudden or unexpected. But some people also wonder if another party’s negligence might be responsible for the death, and if so, what can they do about it?
How Can a Duluth Wrongful Death Attorney Help?
A wrongful death attorney can help you determine if your loved one’s death was caused by negligence or was simply a terrible accident that no one could have foreseen. If we find evidence of negligence, we can help you file a wrongful death claim.
While nothing can replace your loved one, recovering damages from the negligent party can allow you to move forward and provide for your family without the financial stress that often accompanies an unexpected passing.
How Do You Establish Negligence in a Wrongful Death Case?
We’ll evaluate your case for the following elements of negligence:
- The defendant (the negligent party) had a duty of care. In broad terms, we all have a duty of care to others, which usually consists of avoiding reckless behavior that could create a risk of serious injury or death. In each situation, we have to consider what a person’s duty of care is. A driver has a duty to drive carefully and avoid breaking traffic laws or taking other actions that could cause an accident. Likewise, a pedestrian also has a duty to cross the street safely, rather than dart out into traffic (which could also cause an accident). Meanwhile, a doctor has a duty to act within the professional standards of their profession and avoid any actions that could worsen the patient’s health.
- The defendant failed in this duty of care. We’ll focus on the actions the negligent party took that were reckless or created an undue risk for others. For example, the driver was speeding around a curve, the pedestrian ran out into the path of a car, the doctor acted outside the standards of their profession, etc.
- The failed duty of care was the proximate cause of the decedent’s death. In some cases, this is the most contested point. We will need to present evidence that shows exactly how the breached duty of care led to the death. For instance, we might show that the defendant was going thirty miles an hour over the speed limit around a curve, they lost control of their car, and they ran off the road, striking a pedestrian walking on the grass nearby. The impact caused the pedestrian to suffer severe internal bleeding and head injuries that resulted in death.
- The plaintiff (the person filing the lawsuit) suffered damages as a result. It is usually not difficult to show that you suffered damages due to a loved one’s death. In the next section, we’ll discuss the different types of damages that may apply.
What Damages Are Available in a Wrongful Death Case?
There are three types of damages available under Georgia law:
Full Value of the Life of the Decedent
We understand that no one wants to try to place a financial value on their loved one’s life, but unfortunately, it’s the only way to pursue relief in civil court.
Georgia’s Wrongful Death Act establishes that family members may pursue the full value of the decedent’s life as shown by evidence, so we will help you uncover the specific damages included under this umbrella. Then, we’ll work to arrive at a fair amount of compensation.
This category has two components: economic and non-economic damages. Economic damages are somewhat simpler to determine as they are usually based on existing numbers—what the decedent earned and what they would have earned in the future had they lived.
Essentially, the goal is to replace the financial support the deceased would have given their family if their life hadn’t been cut short.
We can still calculate these damages when the decedent does not have an income. For example, a stay-at-home parent would not be expected to earn an income, but their work in the home will likely need to be replaced by the services of paid workers—a nanny, a babysitter, a daycare center, a housekeeper, etc.
We estimate the value of these services so the surviving parent can continue to care for their children and home. Likewise, we can still seek economic damages if the deceased was unemployed at the time of their death.
The fact that someone was temporarily in between jobs or unable to work doesn’t mean that they wouldn’t have had any future income. We’ll calculate their earning potential based on previous earnings, education, experience, and other factors.
Non-economic damages address the loss of the many intangibles in a relationship—companionship, consortium, care, guidance, advice, etc. We can create an estimate of what these losses are typically valued at in similar situations, but if your case goes to court, it will be up to the jury to decide their exact value.
That said, most wrongful death claims are settled out of court by negotiating with the other party or their insurance carrier.
Funeral/Burial and Medical Expenses or Other Costs Related to the Death
We can seek to recover the cost of the funeral or burial, as well as any medical bills related to the decedent’s cause of death. This is separate from the Full Value of the Life of the Decedent claim and can only be filed by the personal representative or executor of the deceased person’s estate.
Survival Action
In some cases, we can file a survival action to recover for the decedent’s pain and suffering prior to their death.
This is a little like a personal injury case the deceased would file on their own behalf, had they lived, and is contingent on the decedent surviving for some time between the injury and the death. It’s also pursued by the estate, and any award will go to the estate and be distributed to the heirs per the will instructions or inheritance laws.
What Are Some Situations That Lead to Wrongful Deaths?
Wrongful deaths often involve accidents—car accidents are the most common, but we also see collisions involving boats and watercraft, golf carts, ATVs, and other recreational vehicles. Large truck accidents are particularly deadly for occupants of passenger vehicles due to the relative size and weight of the truck.
Additionally, motorcyclists, pedestrians, and bicyclists are at high risk of fatal injuries when struck by a motor vehicle because they don’t have the protection of safety features found in a car.
However, not all wrongful deaths involve sudden accidents or collisions. We also see cases involving medical malpractice or defective products, including defective drugs or medical devices.
Some of these situations may be overlooked, as the victim’s family might assume they simply died from an illness. If you suspect a family member’s medical care was inadequate or that a medication or medical device may have contributed to their death, please speak with a personal injury lawyer in Duluth with experience in wrongful death to learn more.
What if the Decedent Was the Victim of a Crime?
In most of the situations we’ve discussed, the wrongful death was unintentional, even if the negligent party was behaving recklessly. However, Georgia law allows for wrongful death claims for intentional acts, whether or not the perpetrator was found guilty in criminal court.
We sometimes meet clients who are understandably upset because the person they believe is responsible for their loved one’s death has not been punished in the criminal court system. A jury has to find a defendant guilty “beyond a reasonable doubt” in criminal court.
As a result, the district attorney may choose not to pursue a case if they don’t have enough evidence to meet this burden of proof. Or, they may try the case, and the defendant might be acquitted because the jury didn’t see enough evidence the defendant was guilty beyond a reasonable doubt.
It’s important to understand that the burden of proof in a criminal case is much higher than in a civil case. In a civil trial, the jury only has to find the defendant is more likely than not guilty based on a “preponderance of evidence.”
For this reason, it’s often possible to pursue a wrongful death claim even when the defendant wasn’t punished criminally. Some people find that this gives them a sense of justice when a criminal conviction isn’t possible.
How Can You Get Help From a Duluth Wrongful Death Law Firm?
If you have questions or concerns about a loved one’s death, please contact the CEO Lawyer Personal Injury Law Firm for a free consultation. We’ll review the details, answer your questions, and explain the options for pursuing a claim.
Your consultation is confidential, and there is no obligation.
The CEO Lawyer Personal Injury Law Firm was founded by attorney Ali Awad, who quickly turned it into one of the fastest-growing law firms in the country. He and his knowledgeable team members have over twenty years of combined experience and have recovered millions of dollars in damages for injured people and their families.
In his spare time, Mr. Awad offers no-nonsense legal advice to more than a million followers on social media. Contact his team of expert lawyers by calling (470) 323-8779 today.
