Fort Oglethorpe Wrongful Death Lawyer
When the death of a loved one is caused by another person’s negligence, the tragedy may be even more difficult to process than it already is. To make matters worse, your grief may not be the only consequence you must manage. Depending on your situation, you may also need to worry about paying for immediate expenses like funeral bills, as well as how to support your family going forward.
There is no way to truly make up for the loss of a loved one in an accident, but financial recovery may be obtainable with one of our compassionate personal injury attorney’s help. A seasoned Fort Oglethorpe wrongful death lawyer could help you hold the negligent party responsible for your loved one’s death liable in court, so you can recover financially while focusing on your family’s needs.
Origins of Wrongful Deaths
In a nutshell, wrongful deaths can be caused by anything that, if the victim had survived, would have been grounds for a normal personal injury case. When negligence is involved, the most common such reasons include:
- Automobile and motorcycle crashes
- Medical errors
- Slip and falls
- Recreational vehicle accidents
- Defective products
- Criminal actions
Whatever the reason behind the accident, a Fort Oglethorpe wrongful death attorney could fight to hold the negligent party liable.
Who May File a Wrongful Death Claim in Fort Oglethorpe?
Under the Official Code of Georgia Annotated §51-4-2, only certain individuals can file a claim for wrongful death. Specifically, the surviving spouse or children of the decedent, including children born out of wedlock, are usually the parties allowed to seek recovery for his or her losses.
In cases where there is no family member entitled to bring an action for wrongful death under the law, the deceased party’s administrator or executor of estate may be able to bring a lawsuit on their behalf. They can hold any damages they recover for the benefit of the next of kin.
Damages Available to Surviving Family Members
Damages that a family may seek through a Fort Oglethorpe wrongful death action include compensation for various types of losses, including:
- Economic damages involving current or future financial losses, such as funeral expenses, medical bills for the deceased’s care prior to his or her death, loss of support, and loss of insurance benefits
- Non-economic damages involving the emotional consequences of a loved one’s death, such as emotional distress and loss of companionship
O.C.G.A. §51-4-2 specifies that any amount recovered in a wrongful death lawsuit must be equally divided among the surviving spouse and the children. Under no circumstances, however, should the surviving spouse receive less than one-third of the damages.
Even if the deceased was partially at fault for the accident that resulted in his or her death, O.C.G.A. §51-12-33 allows wrongful death actions to proceed so long as the deceased is not deemed 50 percent or more responsible for the incident that led to his or her death. However, the amount that can be recovered would be reduced proportionately by the amount of the deceased’s negligence. To recover damages, consider obtaining the services of a skilled Fort Oglethorpe wrongful death lawyer.
Work with a Fort Oglethorpe Wrongful Death Attorney
While you and your family mourn the loss of a loved one, the last thing you should have to worry about is the trials and tribulations of a personal injury lawsuit. Instead, an experienced Fort Oglethorpe wrongful death lawyer could bring your case forward on your behalf with the empathy and knowledge to help you through this difficult time.
Our attorneys could help you file your claim in a timely fashion and determine the appropriate amount and division of damages you can pursue. Call us to discuss your situation and see what options may be available to you.
