Accepting the loss of a loved one is very hard, particularly if it was caused by the mistake, malicious intent, or negligence of another person. Pursuing a wrongful death lawsuit can provide your family with the compensation and justice you deserve. With the help of Atlanta wrongful death attorneys, you can hold the party responsible for the death of your loved one accountable for their actions.
Under state law, wrongful death refers to the loss of life as a result of negligence, intentional acts, criminal acts, or recklessness. While monetary compensation cannot replace the loss, it helps your family gain financial stability following the passing of your loved one.
Who Can Sue for Wrongful Death?
The party that can bring an Atlanta wrongful death lawsuit depends on the survivors. There is a hierarchy of family members who can sue for a loved one’s wrongful death in the city.
- Spouse and children. The spouse of a decedent is the first person who can file a wrongful death lawsuit. If there are children involved, the spouse can file for themselves and the kids. Then, these parties can divide the award with the spouse getting 1/3 of it. The children will split the rest of the award.
- Children. If the decedent did not have a surviving spouse, their children can bring a lawsuit and divide the award fairly.
- Parent. If there is no surviving spouse or children, the parents of the deceased can bring a lawsuit.
- Estate. If no eligible surviving family members are available, the decedent’s estate can file a claim and hold the award for the next of kin.
The Amount You Can Sue
Through a wrongful death claim, you can recover your deceased loved one’s full life value. While this may seem simple, it can quickly get complicated. That is why you should hire a lawyer to help you handle your case.
A jury will consider some factors when they determine the full value of your loved one’s life. This value is viewed based on the value the decedent lost in not living out the rest of their life, not your loss of enjoyment with your deceased loved one.
One factor a jury considers is all economic loss sustained because the life of your loved one was cut short. For instance, if your loved one was making $100, 000 per year and was 30 years old when they died, the jury would consider the number of working years your loved one had left and multiply this by $100, 000 per year. Also, the jury will consider the non-economic loss, which refers to the deceased’s loss of enjoyment because of their death.
