Marietta Wrongful Death Attorney
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The passing of a loved one caused by the negligence of another party is an unimaginable tragedy. Although nothing can make up for this loss, we can offer the legal support and guidance your family needs at this time. When you are ready to discuss a potential wrongful death claim, contact Graham Scofield Injury Lawyers. Our Marietta Wrongful Death Attorney will consult with you for free and determine how we can pursue compensation on behalf of you and your family. Call 678-940-4453 or send us a message online today.
Why Choose Our Marietta Wrongful Death Attorney?
- Our wrongful death lawyer will provide the personal attention to your case that it deserves.
- We have a proven track record of success, having obtained millions of dollars in settlements and verdicts for clients.
- We offer quality legal representation without any upfront costs and only get paid when you do.
Georgia’s Definition of Wrongful Death
Under Georgia law, a wrongful death occurs when an individual is killed due to another person or entity’s reckless, criminal, negligent, or intentional act. Negligence is another party’s failure to exercise the reasonable care expected of them in a certain situation. Another way to look at it is that if the victim had survived, they could have pursued a personal injury lawsuit.
Who Can File a Wrongful Death Lawsuit in Marietta?
A wrongful death lawsuit can only be filed by the individuals specified by law. The first party allowed to bring a claim is the surviving spouse. If there are surviving minor children, the deceased’s spouse must represent their interests in court as well, but the spouse will receive at least one-third of the settlement or award.
If there is no surviving spouse or children, the surviving parents or the personal representative of the deceased’s estate can pursue a wrongful death lawsuit. When a personal representative of a deceased victim’s estate files a claim, any compensation recovered will be dispersed according to the deceased’s will or next of kin.
How Do You Prove Wrongful Death?
To successfully recover compensation in a wrongful death lawsuit, there must be proof of the following four elements:
- The at-fault party owed the deceased a duty of care.
- The at-fault party breached that duty by failing to act with the same level of care a reasonable person would provide in the same or a similar situation.
- The breach of that duty of care directly caused the individual’s death.
- The surviving family suffered damages as a result of the wrongful death (e.g., funeral and burial expenses, loss of expected income, etc.)
A wrongful death attorney will help you gather the necessary evidence to use as grounds for filing the claim and proof of liability.
Types of Compensation Available in a Wrongful Death Claim
The types of compensation recoverable in a wrongful death lawsuit can include the following:
- Medical expenses for the deceased’s treatment prior to their death
- Funeral and burial costs
- Loss of expected financial support and benefits
- Loss of household services
- Loss of companionship, love, and guidance
- The deceased’s pain and suffering
Punitive damages may be available, but only in cases where the defendant (at-fault party) was extremely reckless, willful, or malicious in causing the victim’s death.
Speak to a Wrongful Death Lawyer Today
We offer free consultations; reach us at 678-940-4453 or by filling out our online form.