A Decatur Wrongful Death Attorney Is Here for You
It is always hard to face the death of a loved one, but when the death could have been prevented, the situation is especially tragic. Far too often, the negligent or reckless conduct of a driver, property owner, or someone else in a position of control leads to serious injuries that result in an untimely death. When that happens, a Decatur wrongful death attorney can help family members seek justice and recover compensation to help meet future needs.
While no amount of compensation can replace the loved one you have lost, achieving success through a wrongful death claim helps everyone better understand what happened, and it provides a much-needed sense of closure for the family. Working with an experienced Decatur personal injury attorney at Michael M. Day Law Firm, LLC to pursue a wrongful death lawsuit can help correct the problems that led to the injuries and prevent others from suffering similarly in the future. You can secure your loved one’s legacy by acting to help protect others.
Understanding Wrongful Death Claims and Survival Actions
A wrongful death lawsuit is a type of personal injury claim that can be filed in situations where someone’s negligent, reckless, or intentional wrongdoing causes another person’s death. Georgia law allows family members to file a wrongful death claim to recover for the losses they experience because of the death.
In addition, the estate of the deceased person can file a claim for necessary expenses resulting from the death, such as funeral and medical costs, as well as the pain and anguish experienced before death. The law also allows for a similar type of claim known as a survival action. This lawsuit is filed on behalf of the victim and allows recovery for what the victim suffers before dying. Generally, these lawsuits are filed when someone suffers a serious injury that is expected to lead to their death, but they do not pass away immediately. The lawsuit can survive even if the person for whom it is filed passes away while the suit is in progress. Amounts recovered through a survival action go to the victim’s estate and then are distributed to loved ones through the probate process according to the terms of the victim’s will or terms set under state law if there is no will.
By contrast, a wrongful death claim is brought by family members, and they directly receive the compensation awarded for their losses. Those losses might include economic losses, such as missing the money the deceased person would have earned if they had lived, as well as intangible losses, such as the lack of companionship and care.
Wrongful death lawsuits must be filed within two years of the date of death, while survival actions must usually be filed within two years of the injury leading to death. The damages available in each type of case can differ slightly. A Decatur wrongful death attorney can assist in the filing of a survival action when circumstances warrant to enable recovery of full and fair compensation.
When Is a Death Wrongful?
While death is an inevitable part of the life cycle, there are many situations where death is caused by the negligence, recklessness, or deliberate wrongful actions of another person or business. In situations where an individual’s death would not have occurred at that time if others had behaved properly–where negligence or other wrongful conduct caused the death–then the death is said to be wrongful under Georgia law.
Sometimes, a wrongful death is caused by criminal conduct, such as an assault. Other times, a wrongful death occurs because someone’s actions failed to meet standards of responsibility in a way that does not violate criminal law, but that is considered negligence in civil law. Criminal law involves punishment for wrongdoers, while civil law requires those who have done something wrong to provide compensation to those who have been hurt.
Regardless of whether the actions leading to a wrongful death can be punished as a crime, the family who suffers because of death often still has the right to file a civil claim to recover damages in a wrongful death lawsuit.
Situations That Lead to Wrongful Death Lawsuits
Like other personal injury lawsuits, a wrongful death lawsuit can result from a wide variety of situations where someone has acted negligently or recklessly. This includes:
- Car accidents
- Slip and fall incidents
- Truck accidents
- Dog bites and animal attacks
- Motorcycle accidents
- Abuse in daycare centers and nursing homes
- Premises liability
- Fires and explosions
- Boating accidents
- Pedestrian accidents
Essentially, any time injuries that lead to death are caused by the negligence of another, there is the potential for a Decatur personal injury attorney to file a successful wrongful death claim.
Damages Available in a Wrongful Death Claim
When you lose a loved one that you rely on for support, the loss impacts you in numerous ways. You lose that person’s financial contributions, but you also lose their companionship, guidance, leadership, and assistance. Money can never replace these factors. However, monetary damages are generally the only available remedy under civil law, and they provide resources to enable you to seek paid assistance from other sources.
Georgia’s wrongful death statute allows certain family members the ability to recover compensation for the “full value of the life of the decedent, as shown by the evidence.” What does this mean? Section 51-4-1 of the Georgia Code defines this term, but the definition is not particularly helpful. It simply states that full value does not include deductions for “any of the necessary or personal expenses of the decedent had he lived.” The value of life is calculated from the perspective of the deceased person who lost the ability to enjoy life because of the wrongful death.
Georgia courts have interpreted the full value of life to include the money and retirement benefits the deceased person would have earned and the monetary value of the tasks the deceased person performed in the home, such as mowing the lawn or preparing meals. In addition, the value of life includes intangible factors such as relationships and spending time enjoying favorite activities. The intangible factors are what make life worthwhile, and they often result in substantial monetary damages. An experienced Decatur wrongful death attorney understands how to calculate the value of these losses based on economic data and legal precedent. At Michael M. Day Law Firm, we know how to show the court just how much the victim appreciated life and how much they lost when that life was wrongfully taken away.
The personal representative of the deceased person’s estate is also usually able to obtain damages to pay for expenses such as medical costs associated with the injury and funeral expenses.
Who Can Bring a Claim for Wrongful Death?
Georgia law is specific about which family members have the right to file a claim for wrongful death. Depending on the situation, a Decatur personal injury attorney may be able to file a lawsuit for wrongful death on behalf of the:
- Husband or wife of the deceased person
- Child or children of the deceased person
- The parent of the deceased person
- Estate of the deceased person
It is important to note that the person who files the claim does not necessarily receive all of the compensation provided through the lawsuit. Georgia laws require damage awards to be distributed in a specific way among family members, depending on how many close relatives the deceased person had at the time of death. If the deceased person left a spouse, that spouse will generally receive at least one-third of the compensation awarded, and children will receive the remainder. Parents are only entitled to receive a share if the deceased person did not leave behind a spouse, children, or grandchildren.
When a claim is filed on behalf of the estate, the funds recovered go pay bills left by the deceased person, and then any remaining amounts are distributed to heirs or beneficiaries according to the terms of the deceased person’s will or the Georgia laws of intestate succession.
We Are Ready to Assist Your Family at This Difficult Time
The pain and loss of a wrongful death in the family can be overwhelming, and filing a lawsuit may be the last thing anyone wants to worry about. Allow an experienced Decatur wrongful death attorney to assist during this troubling time. At Michael M. Day Law Firm, LLC, we can investigate to determine how the negligent, reckless, or deliberate conduct of others caused your loved one’s untimely death. We can deal with insurance companies so that you can focus on your family. Our fees are paid entirely from the proceeds of the wrongful death claim, so you have no upfront costs or expenses to worry about.
To learn more about the ways we can assist and to get started on a claim to provide justice for the loss of your loved one, contact us online or call us at 404-480-4284 for a free consultation and case evaluation today.