What Constitutes Wrongful Death?

People get into accidents every day. Most people suffer minor injuries and recover in no time at all. Others suffer pretty serious injuries and take a few months to recover. Sadly, for some people, they never recover from their injuries.

In tragic accidents, people can either die at the scene or die in the hospital a few days later. If the accident is really serious, some people simply can’t survive the impact.

Georgia car accident lawyers know what it takes to file a wrongful death lawsuit. They understand the law. They also understand what sort of damages you’re entitled to. They’ll fight to get your family the compensation you deserve.

There are certain laws in Georgia that control how wrongful death lawsuits are handled. The law controls who can file a wrongful death suit. The law also dictates what kind of damages your Atlanta car accident lawyer can demand.

What are the Most Common Causes of Wrongful Death?

One of the leading causes of wrongful death in Georgia involves car accidents. Depending on the type of accident, your injuries can be quite serious. If your loved one doesn’t recover from their injuries, you may have a claim for wrongful death in Georgia.

Some of the most common types of accidents that lead to wrongful death include:

  • Drunk driving accidents
  • Head-on collisions
  • Motorcycle accidents
  • Tractor trailer accidents
  • Speeding
  • Distracted driving

Most wrongful death cases involve reckless behavior. For example, when someone gets drunk and gets behind the wheel, they take people’s lives into their own hands. They are creating a risk that isn’t necessary. When this happens, sadly, people die.

Head-on collisions are dangerous for two reasons. First, cars are usually going at a fast speed when the crash takes place. The impact can be terrible. The other reason is that you have no idea the crash is coming. You don’t expect a car to come at you from opposing traffic.

Motorcycle accidents cause a lot of wrongful deaths. There’s nothing to protect a motorcycle rider except his plastic helmet. If he gets hit by a car or a truck, the impact can be deadly. Often times, motorcycle riders are ejected from the bike and thrown across the road. They can end up getting hit by other vehicles in the process.

Truck accidents are statistically the worst kind of accident of all. Most victims in these accidents are the people driving the passenger vehicle. The truck driver usually walks away with minor injuries. It’s the car driver who ends up dying in these accidents.

Who Can Sue for Wrongful Death?

Only certain people can sue for wrongful death in Georgia. You must have a close relationship with the deceased in order to file suit. In Georgia, the following people can file suit:

  • The spouse
  • Children
  • Surviving parents (if there is no spouse or minor children)
  • Personal representative of the decedent’s estate

If the decedent had minor children, the surviving parent must file the wrongful death suit on behalf of the children. However, the parent cannot receive less than one-third of the damages. It’s important that they take care of in the lawsuit.

What Kind of Damages are Included in a Wrongful Death Suit?

If you file a wrongful death claim in Georgia, you’ll be entitled to certain damages. Some of the damages you may demand in your claim include:

  • Lost wages of the deceased
  • Lost future earnings of the victim
  • Loss of care, companionship and other family benefits
  • Medical bills
  • Funeral and burial expenses
  • Pain and suffering the victim suffered before they died

Take note – the family cannot demand pain and suffering. It is only the pain and suffering the decedent experienced before he or she died that can be claimed.

Basically, the plaintiff in a wrongful death suit can demand the same damages the person would’ve demanded had they lived. You virtually step into the shoes of the victim.

Contact a Georgia Car Accident Lawyer Right Away

If your loved one was killed in a car accident, you need to contact a Georgia car accident attorney right away. You need to focus on taking care of your family. It takes time to grieve properly. The last thing you want to worry about is legal issues.

This is why you should call and speak with an experienced car accident lawyer in Atlanta right away. Your lawyer can handle the legal side of things. They’ll also get your claim filed and start to prepare your case.

Lastly, all today and schedule your initial consultation. It’s absolutely free and you pay nothing until you win your case.