Villa Rica Wrongful Death Lawyer
Losing a loved one unexpectedly is a heart-rending ordeal, especially if it stems from someone else’s actions. On top of your grief, you may have to deal with additional medical bills, lost sources of income, and other financial and personal losses, not to mention a hard decision about pursuing a civil lawsuit against the party responsible for your loved one’s death.
Dealing with complicated civil litigation may be the last thing you want to do in the aftermath of such a tragedy, but protecting your family’s best interests is at the forefront of our dedicated personal injury attorneys’ minds. By speaking with a Villa Rica wrongful death lawyer, you could get a better sense of your legal options and have steadfast guidance and support through any actions you wish to take.
Who May File a Wrongful Death Case?
In a typical personal injury claim, the plaintiff may receive compensation for the various injuries and losses they sustained if they can prove the defendant is liable for them. However, since a victim of a wrongful death cannot pursue a lawsuit on their own, these cases are technically justified by an act that would have given rise to a personal injury claim had the decedent survived.
Official Code of Georgia Annotated §51-4-1 through 51-4-6 establishes several additional regulations related specifically to wrongful death cases. The first key difference has to do with who may file these cases. According to state law, only certain people have the legal right to do file these claims on behalf of a deceased individual. In order of priority, they are:
- The decedent’s spouse
- The decedent’s children
- The decedent’s surviving parent(s)
A personal representative of the decedent’s estate also may bring a wrongful death lawsuit on behalf of the surviving family members. In this case, any damages the representative recovers would be added to the decedent’s estate and distributed to their next to kin. A Villa Rica attorney could work with the filing party through the wrongful death case process and help them build a claim that is in accordance with state law.
Damages Unique to Wrongful Death Claims in Villa Rica
Since a wrongful death claim is filed on a deceased person’s behalf, there are certain damages available through this type of claim that are not usually available through personal injury lawsuits. For instance, O.C.G.A. §51-4-5 allows for a family member or personal representative of the deceased to seek compensation for funeral expenses, medical costs for care provided prior to their death, and other related costs.
Additionally, family members who were financially dependent on the decedent may be able to seek restitution for the loss of future income and benefits, as well as loss of consortium, companionship, and care. Finally, a wrongful death lawyer in Villa Rica could help a filing party argue for compensation based on any unnecessary pain and suffering the decedent experienced prior to their death, depending on the circumstances.
Consult a Villa Rica Wrongful Death Attorney
The catastrophic loss of a close relative is something no one should have to go through. If the worst should happen to you and your family, though, a Villa Rica wrongful death lawyer could provide compassionate assistance and work tirelessly to secure your future as much as possible.
Financial compensation cannot bring your loved one back, but it may be able to help protect you and other loved ones from financial consequences you do not deserve. When you are ready, call to schedule a confidential consultation and to discuss your options.
