When a loved one’s passing is rooted in negligence, the surviving family is entitled to take legal action against the negligent party and pursue compensation. While it is impossible to place a price tag on the life of a loved one, pursuing a wrongful death claim can help ease the financial burdens — from funeral bills to the loss of a household income — that death often brings, providing some financial stability for the grieving family.
It is only normal to feel overwhelmed after a family member passes — adding the task of filing a wrongful death claim on top of it all may feel impossible. An experienced wrongful death attorney can help lift some of that burden.
The CEO Lawyer Personal Injury Law Firm has handled wrongful death cases of many grieving families, and we are here to support yours as well. Reach out to our team of seasoned injury and accident attorneys to learn more about your legal options and how we can help you pursue compensation from those responsible for the death of your loved one.
Call (470) 323-8779 or contact us online to schedule your free, no-obligation case review with an experienced wrongful death attorney in Sandy Springs today.
How a Sandy Springs Wrongful Death Attorney Can Help
Losing a loved one is a horrific experience that transcends words — a heart-breaking, profound journey marked by the stark absence of someone special. The depth of grief and emotional burdens the loss of a family member carries can not be adequately quantified or expressed.
The grieving process becomes all the more overwhelming when their death is more than just a coincidence of fate. When a death is caused by wrongful actions, negligence, or avoidable circumstances, this emotional suffering grows evermore complex and difficult to bear.
In the catastrophic aftermath of a family member’s death, the last thing anyone wants to do is deal with insurance companies and confront those responsible for your loved one’s passing. Working with an experienced and knowledgeable wrongful death attorney can give you the space and time you need to grieve properly while still ensuring the wrongful parties are held accountable for their negligence.
After a wrongful death incident occurs, it is vital that the victim’s surviving family acts quickly to preserve evidence, as evidence vital to supporting a claim loses value over time. An attorney can take care of this important process and thoroughly investigate the incident while you take space to mourn.
This evidence is key to proving negligence or wrongful conduct; they will also consult with witnesses if needed. Ultimately, your attorney will take the initiative of filing a claim or lawsuit should negotiations fail, being the primary advocate to ensure the family’s rights are upheld throughout the process.
Our dedicated and compassionate team is here to support you as you navigate the complex, overwhelming process of filing for a wrongful death claim. We will investigate what happened to your loved one, determine how to hold the negligent party accountable, and be dedicated to upholding your rights throughout the process while seeking the maximum compensation available for all damages your family has suffered.
What Is a Wrongful Death?
“Wrongful death” is a legal concept that refers to when a person’s death occurs as a result of the negligence, wrongful actions, or misconduct of another party — essentially making that party culpable, or liable, for the resulting damages inflicted upon the surviving family, as well as the estate of the decedent.
In order for someone to make a wrongful death claim, they must prove that the individual died directly because of someone else’s actions or negligence. This type of case covers a broad range of situations, including car accidents, workplace accidents, defective products, and even medical malpractice.
Common Damages Sought in a Wrongful Death Claim
Wrongful death claims aim to award compensation to surviving family members for the unfair loss of their loved one.
A variety of damages can be included in a wrongful death claim, including:
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- Medical expenses associated with the deceased before their death
- Funeral and burial expenses
- Loss of financial support, covering the income the deceased would have provided to the family
- Pain and suffering to cover the emotional distress endured by the surviving family members, as well as the victim prior to their death
- Punitive damages, in severe cases that proceed to trial
An individual must have legal standing to file a wrongful death claim, which often entails being a surviving family member. However, these rules vary by state and jurisdiction.
Georgia Wrongful Death Claim FAQ
What Is the Statute of Limitations on a Wrongful Death Incident?
A statute of limitations is a legal time limit that essentially sets a deadline by which you have to initiate legal action after a specific event, including filing claims and lawsuits. Once the statute of limitations expires, anyone affected by the event loses the right to pursue legal action related to the incident.
As with most laws, the statute of limitations varies by jurisdiction, as well as by type of case and the circumstances of the case. Some cases involving severe crimes, such as murder, usually have no time limit for legal action.
In the state of Georgia, the statute of limitations to file a wrongful death claim is usually two years from the date the individual passes, but this varies on a case-by-case basis. It’s important to consult with a legal professional to discover the timeline for your specific wrongful death case.
What Are the Most Common Causes of Wrongful Death?
Wrongful death claims can apply to a variety of situations. The key to determining if wrongful death is applicable is if the negligent actions of another party — be it a company, person, or government entity — directly influenced the cause of death.
Some common causes of wrongful death include:
- Automobile accidents
- Pedestrian accidents
- Construction site deaths
- Deaths caused by defective products
- Occupational injury
- Medical malpractice
- Nursing home deaths caused by neglect
What Is the Difference Between Medical Malpractice and Wrongful Death?
Wrongful death and medical malpractice are distinct legal concepts that, in some cases, can be interconnected.
Medical malpractice refers to cases in which healthcare professionals — such as doctors or nurses — provide substandard or negligent care that results in injury or harm to the patient. Meanwhile, wrongful death is a broader legal concept that deals with cases in which an individual’s death is directly caused by the negligence or actions of another party.
While not all medical malpractice cases result in wrongful death, medical malpractice can be a cause of death that justifies a wrongful death claim or lawsuit. By the same token, not all wrongful death cases apply to or involve medical practice or providers.
What Is a Survival Action Claim?
Separate from a wrongful death claim (but often filed in conjunction with one), a survival action claim is a type of personal injury claim or lawsuit that focuses on the damages suffered by the deceased victim themselves rather than the suffering and losses of the surviving family. It allows the decedent’s estate representative to pursue compensation for the suffering, financial losses, and injuries the decedent experienced before passing.
This type of claim can include damages such as medical costs for treatments and surgeries incurred by the victim before they passed, other losses inflicted on their estate because of their death, and the pain and suffering they endured leading up to their death.
Survival action and wrongful death claims often work in tandem to seek a well-rounded legal remedy for another party’s negligence and wrongful actions, ensuring justice for the suffering of both the victim and their family.
How Do You Prove a Wrongful Death Occurred?
Proving that your loved one died a wrongful death generally involves establishing the following key elements:
- Duty of care: Demonstrate that the responsible party owed the deceased duty of care, meaning they had a responsibility to act with a reasonable amount of caution or care. For example, in the case of a malpractice incident, the duty of care would be to follow the standards of care expected of a medical provider or professional.
- Breach of duty of care: Demonstrate that the responsible party failed to uphold the duty of care by showing their actions fell below the acceptable standard of care.
- Causation: Identify the direct link between the victim’s cause of death and the responsible party’s breach of duty.
- Damages: Demonstrate that definable damages occurred as a result of the wrongful death, such as funeral costs, pain and suffering experienced by the family, loss of financial support, and medical expenses.
How Long Does a Wrongful Death Lawsuit Take?
There is no straightforward timeline for a wrongful death case — the duration of a claim or lawsuit depends on various factors from the complexity of the case, whether or not both parties are open to negotiation and settlement, how efficient the legal process and courts are, and if either party appeals the outcome of the claim or lawsuit.
Work With an Experienced Sandy Springs Wrongful Death Law Firm
We understand how difficult and overwhelming coping with the unexpected death of a loved one can be, especially when their loss was caused by the actions of a negligent party.
Families have rights and legal options to pursue compensation and hold wrongful parties accountable. Our team is well-versed in Georgia wrongful death cases and is here to help you and your family in your time of need.
Let us help advocate for your loved one’s tragic passing and hold the negligent party accountable for their egregious behavior. Call today at (470) 323-8779 or contact us online to schedule a free, no-obligation case review.
