Walker County Wrongful Death Lawyer
Coping with the death of a loved one is difficult under any circumstances, but especially if the death could have been avoided or prevented. If you believe your loved one passed away due to the negligent actions of another person, a Walker County wrongful death lawyer could discuss your legal options with you. A well-crafted case presented by a compassionate personal injury attorney may be able to earn you compensation and help you move forward after your loss.
Proving Liability for a Wrongful Death
To help a plaintiff receive compensation for any damages stemming from a loved one’s death, a Walker County wrongful death attorney must prove on that plaintiff’s behalf that the defendant owed the decedent a duty of care and that the defendant’s negligence was a proximate cause of the decedent’s death. For example, if the defendant was speeding and caused an accident that led to fatal injuries to the decedent, the defendant’s failure to follow traffic laws would constitute a breach of their duty of care for other drivers on the road.
If the plaintiff can prove that this breach of duty was a proximate cause of the victim’s death, he or she may be able to receive compensation. However, the plaintiff must also prove that their loved one was less than 50 percent at fault for the accident leading to their death, or they may be unable to recover any compensation at all.
Furthermore, as per the Official Code of Georgia §51-12-33, a plaintiff’s recoverable damages would be reduced in proportion to their own degree of fault. Since defense attorneys often try to shift fault towards the deceased party in light of this law, it is often critical for family members looking to recover on their behalf to retain a knowledgeable and dedicated Walker County wrongful death lawyer to represent their best interests.
Recoverable Damages
The decedent’s estate may file a wrongful death claim to provide compensation for the full value of the deceased’s life. In addition, a settlement or successful lawsuit may be able to provide restitution for financial losses stemming from the death.
Compensation for the value of a decedent’s life may factor in:
- Lost benefits
- Loss of wages
- Loss of consortium
- Loss of companionship, care, and other intangible factors
Compensation connected to financial losses may include medical expenses, pain and suffering, and funeral and burial expenses.
Who May File a Wrongful Death Claim?
O.C.G.A. §51-4-2 states that wrongful death lawsuits must be filed by the spouse of the deceased. If the spouse has children from their relationship with the deceased, they are also legally allowed to represent their interests in court. However, the decedent’s spouse is entitled to at least one-third of the total value of compensation, regardless of how many children he or she had with the deceased.
Alternatively, when there is no surviving spouse or children, the deceased’s parents or a representative of the deceased’s estate could file a wrongful death claim. In cases where there are no surviving kin and the claim is filed with the estate, any compensation received is awarded to the estate.
Work with a Walker County Wrongful Death Attorney
With the help of a compassionate attorney, you could pursue civil justice for the loss of your loved one. A Walker County wrongful death lawyer could help you navigate through the legal process, fight on your behalf for compensation, and advocate for your best interests. To set up a confidential consultation with one of our dedicated attorneys, call today.
