Wrongful deaths are tragic and the surviving family members need trustworthy and compassionate legal counsel to guide them during a difficult time of grief, stress and loss.
Wrongful death is defined as the death of a human as the result of a wrongful or negligent act(s) of another person. Many situations can occur including wrongful deaths from car accidents, truck accidents, motorcycle accidents, construction accidents, products liability (tire exploding, tire defect), farm equipment, medical negligence, dental negligence, and 18 wheel tractor trailer accidents. They can also result from lack of good medical and nursing home care neglect and abuse.
Other wrongful deaths can be caused by:
• Unsafe prescription drugs
• Dangerous medical devices
• Dog bite
• Illegal sale or improper service of alcohol
• Faulty construction
• Unlawful or criminal acts
• Intentional homicide
• Slip and Fall
• Premises liability
Friedman and Martin, Personal Injury Attorneys, will help secure compensation for the surviving family by bringing a civil action in court to recover money damages for the death of your family member. In Georgia, a surviving spouse of a person may bring an action for the wrongful death or if there is no spouse, the child or children can bring suit.
The survivors are entitled to collect compensation for:
• Funeral and burial expenses
• Medical bills for the decedent’s final illness or injury
• All expenses related to the administration of the decedent’s estate
• Lost financial support. The surviving family members can sue for the financial aid or income provided by the deceased. This includes the wages the deceased would have reasonably expected to earn had he or she survived.
• Lost companionship. This may sound difficult to quantify with a dollar figure, but an unexpected death in the family results in a loss of guidance, attention, comfort, support, society, and affection. Damages of this kind are meant to compensate surviving loved ones, so these damages typically only apply when the deceased leaves behind a spouse, parents, or children.
• Pain and suffering experienced by the deceased during his or her final injury or illness. Again, this sounds like a difficult factor to turn into a dollar amount, but expert and lay witness testimony will help show a jury how the final injury or illness affected the deceased. The jury will award an amount he or she deems fair.
To prove negligence or wrongdoing, you must provide evidence of the behavior that led to the fatal injuries. Such evidence can include witness reports, video surveillance evidence, expert analysis of the cause of death, and more. Gathering adequate evidence can be challenging and can require significant resources. It is important to have a wrongful death attorney handling your case who has the resources needed to adequately prove your claim.
Even if you firmly believe that your loved one was wrongfully killed due to another’s actions, it can be difficult to know where to start in holding that party liable for your loss. The first step is to call for an evaluation with a skilled wrongful death attorney who can review the circumstances of your case and advise you whether you have a case. If you do have a case, the next step is to file a legal action with the appropriate civil court.
In many cases, parties may be willing to negotiate and agree to a favorable settlement offer that covers the losses of your family. In such situations, you can often resolve your case without going into the courtroom. If a favorable settlement cannot be reached, your attorney will need to represent your family at trial where a jury will decide who prevails in the case.