A Dedicated Atlanta Attorney for Wrongful Death Claims
While nothing can make up for losing a loved one, survivors of the victim need compensation to be able to support themselves and provide for their families. The Atlanta wrongful death attorneys at Apolinsky & Associates, LLC, have decades of experience identifying their client’s needs and can readily assist in finding answers for you.
If you lost a loved one in a fatal accident in Georgia, please do not hesitate to seek assistance from our compassionate Atlanta wrongful death lawyers. We are skilled at assisting families in times of crisis.
What is Wrongful Death in Georgia?
Georgia law defines wrongful death as one that was preventable in the face of another person’s negligence. That is, the deceased would not have died had it not been for the actions of another party. A surviving spouse, child, or parent may have the right to compensation after the loss of a loved one.
A lawsuit for wrongful death does two things: it gives the surviving family members money for final expenses and the lost income that would have been from the decedent, and it holds others accountable for their actions that led to the death of the victim.
Proving Negligence & Causation in a Georgia Wrongful Death Case
Negligence is established by proving a defendant failed to use reasonable care when there was a duty to do so and that this failure resulted in harm to another person. Not all wrongful death claims are rooted in negligence, but most are.
Proving negligence requires establishing the following:
- The defendant owed the decedent a duty of care.
- The defendant breached that duty.
- The breach of duty caused the incident that resulted in the plaintiff’s harm.
A single incident resulting in the wrongful death of one person can be grounds for civil litigation against multiple negligent or vicariously liable defendants.
Fighting to ensure all responsible are held accountable starts with consulting an experienced wrongful death attorney as soon as possible.
Compensation & Damages Recoverable in Georgia Wrongful Death Lawsuits
Court-ordered damages and compensation for wrongful death claims in Georgia take two forms: Economic and Compensatory.
The first is economic damages to compensate the family for “the full value of the life of the decedent.” This includes:
- Lost wages that the deceased would have earned had they lived
- Benefits associated with earnings
- Services they could have provided to their family
The second category is compensatory damages related to the person’s death, including:
- Related medical expenses from the person’s injury and death
- Expenses for the deceased’s funeral and burial
- Other punitive damages and related expenses from the deceased’s illness/injury or death
If you have lost a loved one due to negligence or a criminal act in Georgia and would like to know what damages can be potentially recovered as part of your case, contact Apolinsky & Associates, LLC, for a free case evaluation.