Wrongful death suits are viable when another person dies as the result of someone’s negligent
or careless behavior. These lawsuits involve all kinds of fatal accidents
car accidents to complex
medical malpractice or
product liability cases. Not only other individuals, but companies, and even government
agencies can be held at fault for negligent behavior.
Wrongful death suits can be filed by a member of the decedent’s family,
through a representative. This representative is usually the executor
of the decedent’s estate.
Those eligible to file a wrongful death and recover compensation can include:
- Immediate family members such as spouses and children
- Life partners, financial dependents and putative spouses
- Distant family members such as siblings and grandparents
- Anyone who suffers financially from the loss in some states even if unrelated
- Parents of the deceased in some states
- Parents of a deceased fetus in some states
Almost any person or entity can have a wrongful death suit brought against
them. The designer or builder of a faulty roadway, for example, or the
manufacturer, distributor, or installer of a faulty or dangerous part
of a vehicle.
In other cases, certain people have immunity from wrongful death prosecution
and cannot be sued.
What kinds of compensation can I recover?
Economic and non-economic damages may be available through a wrongful death suit.
Economic damages are to compensate for the lost financial contributions the decedent would
have made and includes medical and funeral expenses, loss of earnings,
loss of benefits, loss of an inheritance caused by an untimely death,
and the value of goods and services a victim would have provided.
Non-economic damages include less tangible losses such as mental anguish and pain and suffering
in addition to the loss of care, protection, guidance, advice, and nurturing
from the decedent.
One factor which must be considered before filing a claim is the
statute of limitations regarding personal injury claims. In Georgia, the statute is two years,
meaning you have two years from your injury to file a claim, otherwise
the court will not hear your case. This process can take longer than you
think, which is why it is to your benefit to speak with an attorney today.
If you have lost a loved one due to an accident in Atlanta,
speak with Henningsen Injury Attorneys, P.C. to discuss your claim.