The untimely death of a loved one is devastating for a family. In addition to losing a lifelong companion in the blink of an eye, you and your family may have lost your primary income provider. Your family members may be worried that they will have to make tremendous sacrifices in order to maintain their quality of life. As Atlanta wrongful death attorneys with over 33 years of experience, we have helped many families rebuild their lives after losing a loved one due to the careless acts of others. Drunk driving, negligent medical practices, and the careless use of powerful machinery causes tens of thousands of needless deaths each year. You and your family have the right to pursue wrongful death damages if your loved one passed away due to the negligence of another person. Wrongful death cases can be challenging because they are so fiercely defended by the insurance companies. Therefore, it’s extremely important that you hire an experienced wrongful death attorney at your earliest opportunity.
We have helped many families dealing with the wrongful death of a loved one. If you would like to speak with a skilled and compassionate legal professional about your loved one’s death, contact Allen & Scofield Injury Lawyers, LLC. Call us today at (404) 419-6674 or contact us online to schedule a free, no-risk consultation.
Numerous Wrongful Death Damages May Be Available To Your Family
In the wake of your loved one’s death, you may not feel comfortable discussing monetary damages or compensation. That’s completely understandable. However, the longer you wait to address these issues, the likelier it is that evidence will be lost and memories will fade. Additionally, you may have pressing financial obligations if the family’s breadwinner died, which means that it’s best to develop a comprehensive recovery strategy sooner rather than later.
Georgia wrongful death damages are meant to compensate you for your measurable financial losses as well as the intangible losses that associated with the loss of a loved one and companion. Determining the “full value” of your loved one’s life is no small task. You attorney should evaluate each of the following factors to determine the proper measure of the “full value” of the deceased’s life:
- Lost wages and benefits
- Funeral and burial expenses
- Loss of future earning capacity
- Loss of companionship
- Loss of nurturing and guidance
- Mental anguish
Your attorney can also pursue a survival action on behalf of the deceased person in addition to your wrongful death claim. Wrongful death damages are meant to compensate you and your family after your loved one passes. By contrast, a survival action is filed on behalf of the deceased for damages they suffered prior to passing away. The estate can pursue this personal injury claim in the name of the deceased. Survival actions can recover damages for lost wages, medical bills, and pain and suffering before death.
Who Can Pursue Wrongful Death Damages
A wrongful death claim can only be filed by a surviving spouse, child, or parent of the deceased person. Close friends or loved ones who do not fall into one of these categories will, unfortunately, not be able to pursue a claim to compensate them for their loss. If you are the spouse of the one who passed and you shared minor children together, the compensation that the estate recovers will be divided among you and your children. The state’s Wrongful Death Act only allows next of kin to receive compensation in cases where the deceased person has no surviving spouse or children.
A survival action seeks damages on behalf of the person who was killed due to another’s careless actions. Therefore, these claims are pursued by a representative of the deceased person’s estate. While these damages are intended to compensate the deceased for their pain and suffering before their death, the claim technically belongs to the estate.
It’s Important To Not Delay In Seeking Wrongful Death Damages
Georgia’s statute of limitations law requires that wrongful death claims be filed within two years of your loved one’s death. Otherwise, the claim risks the possibility of court dismissal. That law was enacted to protect parties from having to defend against incidents that occurred many years ago after people’s memories fade and evidence vanishes. There are many exceptions that may extend the length of the statute of limitations. For example, if there is an ongoing criminal action that is connected with the wrongful death of your loved one, it may be possible for the applicable two-year window to be postponed until those legal proceedings are complete.
We always encourage those who lost a loved one in a tragic accident to act quickly and contact a wrongful death lawyer as soon as possible. You may think that two years is a long time to evaluate whether you should pursue a wrongful death lawsuit, but it is not. A wrongful death claim often requires a lengthy investigation that includes expert witnesses. The value of your case will also diminish if you wait too long to pursue damages. For instance, if the spouse of the deceased remarries, the insurance company will argue that the estate’s claim for lost companionship is less valuable. Do not delay to speak with an experienced Georgia wrongful death lawyer about your options after the untimely death of a loved one.
Allen & Scofield Injury Lawyers, LLC Can Help You Recover Wrongful Death Damages
Innocent victims are killed every day in Georgia due to the careless and negligent actions of others. Your family will be traumatized if someone they love dies in a sudden accident. At Allen & Scofield Injury Lawyers, LLC, we have helped many families in that difficult position, and we understand what you’re going through. You have the right to pursue wrongful death damages that can help your family recover during this difficult time. While monetary compensation will not undo the sense of loss that you are feeling, it can reduce the overwhelming financial worries that many families have after they lose a loved one that is their financial provider. The insurance company will do everything it can to diminish the value of your loved one’s life. Our office has successfully negotiated settlements with hundreds of insurance companies, and we have years of trial experience winning on behalf of our clients.
Do not delay in contacting us to discuss your legal options. If a wrongful death action is right for you, your lawyer will need plenty of time to investigate the circumstances of your loved one’s death to make a strong case. Since we work on a contingency fee basis, we will not require compensation for our services until your family recovers the damages you deserve. To speak with an Atlanta wrongful death lawyer, call Allen & Scofield Injury Lawyers, LLC today at (404) 419-6674 or through our online form to schedule a free, no-risk consultation.