For people between the ages of 18 and 55, the leading cause of death is not disease or illness, but sudden, unexpected accidents.
Death caused by another party's negligence or wrongdoing is called a "wrongful death." Though no amount of monetary compensation can replace a loved one, the legal system is designed to aid surviving family members who have suffered significant financial and emotional loss due to the wrongful death of the victim. Facing loss of future income, loss of inheritance prospects, medical bills, funeral expenses, and an unfathomable emotional burden, surviving families deserve to be compensated when their loved ones are the victims of another party's actions.
The damages in a wrongful death lawsuit are calculated based on several different factors, including:
- Medical and funeral expenses associated with the death
- Loss of future income (until the victim's time of retirement)
- Pain and mental anguish suffered by the surviving family members
- Loss of care, protection, and companionship for the surviving family members
- General and punitive damages
Pursuing a Wrongful Death Claim
Wrongful death cases can be difficult to prove, requiring complex research that needs to be performed on a timely basis by your personal injury attorney. If you suspect that your loved one's death could have been prevented, it's best to talk to an experienced Atlanta wrongful death attorney who can help you investigate the matter and develop a valid claim.
Generally, any immediate family member is qualified to file a wrongful death claim - although some states extend this right to grandparents, legal dependents, or members of the extended family. Each state also has its own "statute of limitations," defining the timeframe during which a wrongful death lawsuit can be filed. Usually, this timeframe starts from the time of the victim's death. But in some states, lawsuits may be allowed to proceed if the act which caused the death was not discovered until later.
Even a valid claim can be denied if it is filed after the statute of limitations has expired. This is why it is all the more imperative that you speak with a qualified wrongful death attorney as soon as possible after your loved one's death to preserve your rights and interests. Acting early may also help to preserve evidence, and give you more time to locate witnesses who can help you win your case.
If you live in the Atlanta, Georgia area and one of your loved ones has died due to someone else's negligence, please don't hesitate to contact the experienced wrongful death attorneys at Robbins & Associates, PC today to schedule your free consultation.
