Columbus Wrongful Death Lawyers

Wrongful Death Lawsuit Attorneys Near Columbus

Here’s What You Need to Know About Wrongful Death Claims

What Constitutes a Wrongful Death?

There are many types of conduct and hazards that may be the basis of a wrongful death action including trucking and car accidents and collisions, construction site or on-the-job accidents, slips, trips and falls, medical malpractice, dangerous drugs, violent crime and more.

If your loved one dies in an accident or is killed by an intentional criminal act like those above, it may give rise to two separate legal claims that are typically brought together in a single wrongful death case: a survival cause of action and a wrongful death cause of action.

A survival action is effectively a personal injury claim that addresses the pain and suffering of the deceased between the time of the accident or intentional misconduct and the person’s actual death. It can include lost income over the reasonable life expectancy of the decedent, and medical costs and expenses.

The survival cause of action may be brought by the representative of the decedent’s estate and also may include burial and funeral costs. The objective of the survival accident is to compensate the decedent’s estate for the damages that the victim would have been entitled to if he or she had survived.

Who Can Pursue a Wrongful Death Claim?

Under Georgia law, only certain relatives are allowed to file wrongful death claims. Surviving spouses are usually given priority. If the accident victim has children, the children’s interests must be represented in the wrongful death claim as well. This is because any children have a right to a portion of the proceeds of the recovery under Georgia’s wrongful death statute. If the decedent did not have a surviving spouse or children, a personal representative, such as an administrator of the decedent, may pursue the claim. In such a situation, proceeds collected by the personal representative would be for the benefit of the next of kin.

Damages in a Wrongful Death Claim

When you lose a loved one due to an accidental or intentional wrongful death, you may incur a wide array of expenses and losses. Georgia law recognizes this and allows the family members of those killed due to negligence to seek two different claims. The first category of losses are financial losses related to the death, which include:

• Medical expenses incurred prior to the decedent’s death;
• Funeral and burial costs;
• Pain and suffering experienced by the decedent before death.

The deceased’s estate pursues these types of losses in a survival action.

The next category of damages, which arise from a wrongful death claim, includes losses related to the value of the life of the deceased, including:

• Lost wages
• Loss of companionship
• Loss of job-related benefits
• Loss of other intangible benefits, such as love, guidance, and more.

While financial losses can be itemized, intangible losses are hard to assign a financial value. The loss of a relative’s presence and guidance in your life is often immeasurable. Our wrongful death attorneys understand the severity of hardship endured by those who tragically and suddenly lose their loved ones.

We work with our clients to accomplish the difficult and painful task of calculating the damages related to the loss of family members.

Financial Hardship After a Wrongful Death

When you lose someone you love to a careless accident or a crime, the sense of loss and grief can be overwhelming. With so much emotional pain, it’s difficult to focus your attention on the financial and legal matters that must be handled.

When a parent, spouse or child suffers fatal injuries in a serious Columbus car accident or other circumstance, the mountain of medical bills and other expenses may be financially devastating. If the family member who dies was also a significant contributor to the family’s household income, these financial problems can be even more daunting. You’ve already endured the unbearable, the last injustice you need is to experience financially instability.