Losing your loved one to an unexpected accident is tragic, but when the accident is caused by the negligent actions of another person or company, its even worse. Accidental deaths were responsible for the deaths of 136,000 Americans in 2014, as reported by the National Safety Council. While some accidents are not anyone’s fault, many others are rooted in negligence or recklessness. Car and truck accidents, workplace falls, medical malpractice, and slip and falls all cause the death of hundreds of thousands of people each year. For the family members of those left behind, an accidental death can wreak havoc on their emotions, finances, and future.
At Montlick and Associates, our Georgia attorneys fight hard for the family members of those killed due to negligence in achieving justice by pursuing wrongful death claims. Our compassionate firm believes that no family who has lost their father, mother, sister, brother, or other valued member due to negligence should be forced to bear the burden of their loss alone. We will diligently fight to see that our clients obtain the compensation they deserve under the law for their tremendous losses.
A wrongful death is defined under Georgia law in O.C.G.A. 51-4-1 et seq. Under the statute, a death is wrongful if it is caused by negligent, reckless, or the intentional actions of another. Generally, negligence is the central component to any wrongful death claim caused by an accident and negligence usually must be established for the wrongful death claim to be successful. Negligence is defined as the failure of an individual or company to use reasonable care when a duty exists to do so.
There are numerous potential causes of wrongful deaths, including, among others:
No matter the cause of your loved one’s wrongful death, the wrongful death attorneys at Montlick and Associates can examine the facts and circumstances of what happened and advise on what options you have to protect your legal rights. We offer free consultations and can be reached 24 hours a day, seven days a week.
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.
When you lose a loved one due to an accidental 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:
An estate in a survival action pursues these types of losses.
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:
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. We fight hard for our clients, so that they achieve the maximum compensation to which they are entitled under the law.
If you have lost a loved one in an accident caused by negligence, the Georgia Wrongful Death Lawyers at Montlick and Associates may be able to assist your family during this difficult time.
Our firm offers a free consultation to explain your legal rights and the actions necessary to obtain compensation. We are a team of compassionate and dedicated personal injury and wrongful death attorneys who will fight to see that you obtain the maximum recovery you are entitled to under the law.
Call us anytime to schedule your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.