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Wrongful Death Claims Lawyer in Atlanta, GA
When someone you love dies due to someone else’s negligence, you may find yourself dealing with challenges. Not only have you lost a loved one, but you may also have substantial expenses: their medical bills and funeral costs, replacing their income, or replacing the services they provided for your family. The funds from that claim will not bring back a loved one, but they can make it easier to cover the expenses that pile up after their death.
Understanding Wrongful Death Cases
When you lose a loved one due to someone else’s negligence, you may have many questions. How will the process go? Who can file a wrongful death claim? How long does it take to litigate a claim? Our answers to some of our clients’ top questions follow below.
WATCH: Who can bring a wrongful death claim in Georgia?
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Who Can File a Wrongful Death Claim?
Not every individual who had a relationship with a wrongful death victim is legally able to file a lawsuit. In order to file a claim, you must have suffered damage because of the individual’s death. In the state of Georgia, individuals who can file a wrongful death suit include:
The deceased person’s spouse.
Under Georgia law, the victim’s surviving spouse is the first person who has a right to file a wrongful death lawsuit. If the couple had minor children at the time of the victim’s death, the spouse must also represent the interests of these children in the lawsuit. If the spouse’s case is successful, a portion of the damages will be awarded to the children.
The deceased person’s children.
If the deceased individual does not have a surviving spouse, the individual’s children have the right to file a lawsuit. If the lawsuit is successful, the damages will be divided evenly among the children.
Surviving parents of the deceased.
If the deceased person does not have a surviving spouse or children who are able to file a lawsuit, a surviving parent can file a claim.
If no surviving spouse, children, or parents exist—or if surviving parents have the right to file a claim but elect not to—the personal representative of the deceased person’s estate can file a wrongful death lawsuit. In such cases, damages awarded become the property of the estate and will be passed to the deceased person’s beneficiaries.
You’re going through enough, let us help.
Champion Fights Harder To Get You More.
Our attorneys prepare for everything. Whether we deal with a reluctant insurer during a claim or represent you in a wrongful death lawsuit, whatever path we take, we pursue fair compensation and a sense of justice.
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