A wrongful death lawsuit cannot bring back the loved one that was tragically taken away. However, it can bring justice to their memory as well as prevent the same tragedy from happening to another family.
One of the most common types of wrongful death lawsuits arises from car accidents. If your loved one died in a car accident, and the fault lies squarely with the other party, then you are entitled to file a claim for wrongful death injury.
One of the most serious car accidents is a side-impact collision. These high-speed crashes often result in one of more people’s death, with one car crashing into the side of another vehicle. Many drivers who take the direct impact of getting T-boned do not make it out alive.
If your loved one suffered an early, tragic death in a car accident, and it has caused your family loss of financial and emotional security as you collect a substantial amount of debt from medical bills, you may want to seek the advice of an Atlanta wrongful death lawyer at Nichols Injury Law.
When a family member dies, it is never easy, but when their death was caused because of a person’s negligence or recklessness, the grief can be even more devastating. It can be overwhelming to deal with the funeral arrangements in addition to legal issues that may arise. The surviving family members will also have to face the daunting financial hardships, especially of the decedent was the family breadwinner.
Under Georgia law, survivors of victims killed in accidents may be able to pursue damages for the losses their loved one’s death has caused against the person or entity who was liable for the accident. This is done through a wrongful death lawsuit. If you have lost a loved one because of another party’s actions, contact Nichols Injury Law to speak with an Atlanta wrongful death lawyer.
Under the law in Atlanta, when a person or entity acts in a way that contributed to the victim’s death can be found liable for the victim’s death, whether those acts were intentional or unintentional. Whatever damages are recovered in a wrongful death lawsuit are for the benefit of the victim’s spouse, children, parents, siblings, or next of kin.
The lawsuit can be brought forward by either a family member of the victim (state law determines which family members qualify), the executor of the victim’s estate, or someone appointed by the court. A personal injury lawyer is in the best position to give you sound legal advice can determine if you have legal standing to file a lawsuit.
Under O.C.G.A. 51-4-1 or the “Wrongful Death Act”, a family may recover “the full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived.” The law empowers a jury to use their “enlightened conscience” to determine what exactly is the “full value” of a person’s life.
In addition to the “wrongful death” claim for the full value of the victim’s life, the victim’s estate may be able to recover additional damages. The estate claim may seek damages for the victim’s pain and suffering while he was alive and for reimbursement of medical and funeral expenses. Punitive damages may also be available, depending on the specific facts of the case. Nichols Injury Law is ready to fight for you. Contact us now at 678-722-5311