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Wrongful Death: FAQ

Wrongful Death: FAQ

Losing a loved is extremely challenging, both emotionally and mentally. When another person's negligent or reckless behavior caused their death, it can be even more frustrating and overwhelming. Pursuing a wrongful death claim is often the last thought in a person's mind, however, it is important to consider. Many people often have questions about wrongful death claims, especially when considered if the legal challenges are worth it after such a recent loss. Our compassionate Atlanta injury attorney is here to provide helpful answers to your questions. Please see the section below or contact us today for more answers.

How is wrongful death determined?
This can be challenging, and may not always be apparent at first. A wrongful death claim will arise when a person dies due to the legal fault, or negligence, and another individual. Wrongful death means that their loved ones can take legal action against the liable party.

What type of accidents cause wrongful death?
Nearly any type of accident could be considered a wrongful death claim if it was brought on by another individuals reckless or negligent actions. This can include a DUI accident, defective products, poorly designed buildings, equipment malfunctions, medical malpractice, and much more.

Who can pursue a wrongful death claim?
A spouse, child, parent, or estate administrator can pursue a lawsuit on behalf of the deceased. If there is a spouse, they will be the only person eligible to bring a claim forward. The spouse must act as a representative for the children and share any damages won with them. If there is no surviving spouse, the children may bring forward a claim. If there are no children, the claim rights would fall to the parents. However, if there is no spouse, children, or parents, the executor or administrator of a deceased's estate may bring a claim forward, but all damages will go to their next of kin.

What type of damages can be recovered?
The progressive wrongful death statute in Georgia says that the value of human life is to be evaluated from the perspective of the deceased. This means that in awarding damages, a jury must consider how that person valued their life. There is no limit on the amount a jury can award. Damages are given for value of life, as well as any medical bills, pain and suffering caused prior to death, funeral expenses, and other related costs.

Have more questions? Henningsen Injury Attorneys, P.C. understands how difficult this time can be and would be honored to provide the counsel you need to move forward and bring justice to your loved one's name. Contact our firm today to get specific answers related to your case in a free consultation.


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