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Wrongful Death Claims: What to Know

Wrongful Death Claims: What to Know

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 ranging from 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.


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