Wrongful Death
If a loved one has died due to another person’s negligence, you may be able to file a wrongful death lawsuit against the other party and recover damages. In a wrongful death action, the deceased individual’s spouse or other family member can recover damages to compensate them for the loss of their loved one’s life. The court awards damages to the family based upon the value of the individual’s life, including loss of potential lifetime earnings and the value of the emotional loss to the individual’s family. However, the time to file a wrongful death action is limited. In Georgia, you only have two years following the accident to file a wrongful death action, so speak to a Marietta personal injury attorney as soon as possible. Failure to file a civil lawsuit within the statute of limitations may affect your ability to receive compensation for wrongful death.
Negligence is the failure to use reasonable care resulting in harm or death. In a wrongful death action, the responsible party’s negligence ultimately causes the death of another person. A wrongful death lawsuit can occur in an array of circumstances. For example, a wrongful death lawsuit may occur following a car collision, while the deceased individual is seeking medical treatment from a doctor or nursing home facility, or following an injury at work. However, no matter the circumstances surrounding the incident, to win a wrongful death lawsuit the plaintiff must clearly show the responsible party’s negligence, misconduct or wrongful act is the reason the individual died. In addition, a family member can file a wrongful death action against a party for failing to act.
Valuing an individual’s life in terms of monetary value can be difficult to calculate. Therefore, the law provides the court with broad discretion to award a monetary value that it sees fit given the circumstances. A Marietta wrongful death attorney will help you determine if you can file a wrongful death action following the death of a loved one. In addition, an attorney can inform you about the damages you are eligible to receive in a wrongful death lawsuit. If you are not already represented by an attorney, please contact Braun and Ree, LLP, for a free evaluation of your case.
