The death of a loved one is traumatic for any family, and it can leave a wake of medical bills and other debt with no clear strategy for managing it. If you believe a person or entity’s negligence resulted in the death of your loved one, you must act quickly and bring forward your wrongful death claim.
At Andersen, Tate & Carr, P.C. we understand the anguish that you and your family will go through after your loved one’s passing. We also know how intimidating medical bills, the loss of the income of the deceased, and discrepancies with insurers can be.
Our Suwanee wrongful death lawyers can provide experienced representation that only comes from advocating on behalf of clients in hundreds of personal injury and wrongful death cases just like yours. A wrongful death lawyer can help you manage the process of filing a claim or a lawsuit against all at-fault parties and negotiate with insurers for a full, fair settlement.
Speak to an attorney for free with no obligation when you call 770-237-9860 or contact us online to schedule a case review.
What Cases Qualify as a Wrongful Death?
Wrongful death cases are similar to personal injury cases, except they are filed by surviving family members or a representative of the deceased’s estate. Most cases rely upon the legal principle of negligence.
Negligence cases have four main components:
- A party (the defendant) had a duty of care that involved following laws, professional standards, or a standard of “ordinary care” as a “reasonable person” would.
- The defendant had a breach in their duty of care, either by violating some law or standard or by acting in a way that presents an unreasonable risk of undue harm
- The defendant’s breach led to an injury — or in this case a death — by way of direct causation
- The death of the individual caused damages in the form of economic losses and non-economic hardship
According to these principles, nearly any case that would qualify as a personal injury case can be filed as a wrongful death if the injury led to the death of the victim.
Examples of situations where a wrongful death may be filed include:
- Car accident
- Truck accident
- Pedestrian accident
- Motorcycle accident
- Medical malpractice
- Defective product
- Dangerous drugs
- Professional negligence
- A hazardous condition on a property (premises liability)
- Nursing home abuse
- Negligent security
- Other fatal personal injuries
Who Can File a Wrongful Death Suit in Suwanee?
Georgia law allows for a wrongful death suit to be filed by certain surviving immediate family members.
The ability to file a suit or a claim is granted to the following family members, in order of eligibility. Family members who appear lower on the list can only take legal action if family members who appear higher on the list are deceased, waive their right to sure, or do not exist.
- The surviving spouse, who must divide the settlement equally among themselves and any surviving children
- Surviving children
- The deceased’s parents. Divorced parents may be forced to divide the settlement at the discretion of the court
- The appointed administrator of the deceased’s estate, who can file suit on behalf of the next-of-kin
In addition, Georgia law allows for a separate “survival action” suit that can be filed by an appointed administrator of the deceased’s estate. If no administrator has been designated, the title may fall upon the deceased’s next-of-kin.
If you have questions about your ability to file a wrongful death suit or survival action or are unsure of how a settlement from such a claim would be allocated, do not hesitate to contact us.
What Damages Are Available in a Wrongful Death Claim?
The damages available in wrongful death claim differ from the types of personal injury compensation in that they compensate the family for their direct losses. Such forms of compensation include:
- Loss of the deceased’s income and/or benefits
- Loss of affection and companionship
- Loss of domestic services the deceased provided
Additionally, a survival action can provide compensation for losses directly experienced by the deceased victim or their estate, such as:
- Hospital bills
- Out of pocket expenses
- Lost or damaged property
- Funeral and burial costs
- Administrative costs to the estate
- The pain and suffering of the individual before they passed
We work with professional economists and medical personnel to assess the full amount of losses experienced by you and the deceased. Our formulas for determining the total loss of potential income have been tested in front of juries and benefit from experience as well as prior case rulings for scenarios similar to your own.
These strategies ensure that you can assess the total dollar amount of damages incurred and seek the maximum amount of compensation available from all potentially liable parties.
Rely Upon Andersen, Tate & Carr, P.C. for Experienced Wrongful Death Representation
Andersen, Tate & Carr has represented families and estates on behalf of deceased personal injury victims for multiple decades. Our wrongful death lawyers want to give you as much peace of mind as possible while reducing the amount of mental and physical stress you endure while you sort through your affairs.
Receive legal counseling to learn about all of your available options and advice on which ones could provide the maximum benefit to you and your family. We will file all the necessary paperwork per your wishes, taking the burden off your shoulders while you recover from the shock of your loss.
We negotiate aggressively with insurers to seek a fair settlement compensating you for all of your family’s losses and the losses of the deceased’s estate. Our attorneys rigorously investigate the circumstances of each incident contributing to the death to paint a clear picture of fault and liability.
In the event that insurers or others refuse to offer a settlement, we are prepared to proceed to litigation in order to seek the maximum amount of compensation available under state and federal law.
Schedule your free, confidential, no-obligation consultation with a Suwanee wrongful death attorney today when you call 770-237-9860 or contact us online.