Decatur Wrongful Death Lawyers
Nobody expects to hear that their loved one has died suddenly. Whether it happened because of a car crash, workplace accident, medical malpractice, or even a crime, the loss can be unbearable. There will likely be financial and emotional losses involved. Getting through this situation can be a challenge for all involved.
The Decatur wrongful death lawyers at Shiver Hamilton Campbell understand this is a difficult time for surviving family members. Contact our Decatur wrongful death lawyer today so we can fight for compensation and justice on your behalf.
Common Causes of Wrongful Death
Wrongful death can happen in a number of way, including the following:
- Car accidents
- Pedestrian accidents
- Workplace accidents
- Property hazards
- Defective products
- Medical malpractice
- Nursing home abuse or neglect
- Dog bites
- Crimes (murder)
Elements of Wrongful Death
In order to file a claim for compensation, you must be able to prove all four of the following elements:
- Negligence. Someone’s carelessness or intentional actions caused your loved one’s death.
- Breach of duty. The defendant breached their duty, which led to the person’s death. For example, a doctor has a duty to provide medical care to patients. Motorists have a duty to drive safely on roadways.
- Causation. You must be able to prove that the defendant’s actions directly led to your loved one’s death.
- Damages. Your loved one’s unexpected death led to damage, such as funeral expenses, lost wages, mental anguish, and more.
Who Can File a Wrongful Death Lawsuit?
In Georgia, only certain people can file a wrongful death lawsuit. They include the following:
- Spouse. If the victim was married, they can file a lawsuit on behalf of themselves as well as any minor children under age 18.
- Parents. If the victim was not married and had no children, then their parents can file a wrongful death lawsuit.
- Estate representative. The representative of the deceased’s estate can also file a claim for wrongful death to recover compensation for damages. If they win their case, the representative can then distribute the proceeds to the next of kin.
Common Damages Available
The deceased’s estate can sue for economic and non-economic damages caused by their death. Economic damages include the following:
- Funeral/burial expenses
- Medical bills
- Lost income
Non-economic damages are emotional damages following the person’s death and are often more numerous. Their goal is to compensate the family for their losses. They include the following:
- Mental anguish
- Loss of consortium
- Loss of companionship
- Loss of guidance
- Loss of financial support
In extreme cases of reckless behavior, punitive damages may also be available. This compensation is meant to punish the person for their behavior.
Contact Our Decatur Wrongful Death Lawyer Today
A loved one’s unexpected death can leave family members with financial and emotional losses. They may not know how to proceed.
The legal process can help. The Decatur lawyers at Shiver Hamilton Campbell have the experience and resources to help you get the best outcome possible for your wrongful death claim. Fill out the online form or call (877) 215-6111 to schedule a free consultation today.