Losing someone you love as a result of another’s actions is one of the most significant challenges you might face. However, during this difficult time, help is available.
A compassionate Forsyth County wrongful death lawyer could help you get justice for your unfortunate loss. A dedicated injury lawyer could help you bring a claim for compensation to help support your family following your loss.
An Overview of Wrongful Death
A wrongful death case results when someone dies due to negligent, reckless, intentional, or criminal acts carried out by another person or entity. Those bringing a wrongful death lawsuit in Forsyth County on behalf of the deceased are required to prove that the negligence or recklessness of the other party is what caused the death.
In other words, the plaintiff would have to show that the defendant owed the deceased a duty of care, that they breached their duty by failing to act with reasonable care under the circumstances, and that this breach was the actual and proximate cause of the death and losses that are being sought in court. A Forsyth County wrongful death attorney can further explain what elements must be proven.
Persons Entitled to Bring an Action
Georgia Code §51-4-2 states that the following persons, in order of preference given by the state, have the right to bring a wrongful death claim in Forsyth County on another’s behalf:
- A surviving spouse;
- If no spouse, a surviving child or children;
- If no surviving spouse or children, a parent or guardian of a minor; or
- If no surviving spouse, children, or parents, an executor or administrator.
If no family members are alive to bring the wrongful death action in, an executor or administrator could bring the action on behalf of the decedent’s estate. Both perform the same function but only differ in one capacity. An executor is appointed by the decedent’s will, whereas the court appoints an administrator if a will does not appoint an executor.
Damages for Wrongful Death Claims in Forsyth County
Quantifying damages for wrongful death could be different than the recovery the plaintiff might have been entitled to had they survived. Funeral costs are a clear example of damages that would not otherwise have been available if the victim was alive.
However, other damages are similar to those in any other claim. For example, plaintiffs can collect compensation for the victim’s pain and suffering, loss of consortium, and medical costs that resulted from the fatal injury, all damages that would be available if they survived. Other wrongful death damages in Forsyth County that family members could recover might include:
- Value of the services the deceased would have provided;
- Loss of care, guidance and nurturing the deceased would have provided; and
- Loss of love and companionship.
Consult a Forsyth County Wrongful Death Attorney
The loss of a family member is tragic. A Forsyth County wrongful death lawyer could help you make sure your family has the resources you need to move forward. With the legal support of an experienced wrongful death attorney, you could worry less about how you are going to recover compensation, and focus on healing from your loss. To learn more about your options, call now for a consultation.