If someone else’s negligence has caused death to a loved one, your family may be able to file a wrongful death claim. Car accidents, medical malpractice, assault and battery are just a few of the incidents that may result in wrongful death.
Certain members of the family and other representatives may be able to pursue economic and non-economic losses due to wrongful death. Economic losses include monetary loss like loss of wages, property damage, and medical bills, while non-economic losses refer to pain, suffering, and companionship.
The caring and experienced attorneys at Jenkins Utley, P.C. in Atlanta have the skills and insight needed to advocate on behalf of your family. You deserve full compensation for current and future losses suffered as a result of wrongful death.
What Constitutes Wrongful Death?
While most claims for wrongful death occur due to negligence, sometimes intentional wrongdoing or conduct can be the reasoning, like homicide. Criminal cases and civil lawsuits can both be filed for wrongful death. For criminal cases, charges can be brought by the state in the form of first degree murder, manslaughter, and more. These differ from civil cases however, which are filed by the victim’s family.
Plaintiffs in civil suits who file wrongful death cases carry the burden of proof. This means that they must prove the defendant acted negligently and the negligent acts caused death. The purpose of wrongful death claims is to compensate surviving family members or dependents. Survivors may receive compensation for a number of things including:
- Lost income due to untimely death
- Dependents and minors who relied upon earnings
- Loss of care
- Punitive damages
Who Can File Wrongful Death Claims?
Parents, children, spouses, and siblings may all file wrongful death claims if they relied on the victim’s income or care. If there is no directly-related family member, a representative of the victim’s estate may file wrongful death claims in which any compensation received will go to the estate and then to next of kin.
The statute of limitations determines how long survivors of the decedent have before they cannot file lawsuits anymore. In most states, including Georgia, the statute of limitations is 2 years. This may be extended up to seven years, with limited exceptions regarding estates going through probate.
Contact Our Atlanta Wrongful Death Attorneys: Free Consultation
Get more information about filing a wrongful death claim today. Contact Jenkins Utley, P.C. in Atlanta, Georgia, for a free consultation. Our caring and compassionate lawyers are here to represent you and your family during this difficult time.
Call our office at (404) 919-7297 or fill out our online form.