Losing a loved one is one of the most difficult experiences a family can go through. When that loved one’s death is due to someone else’s negligence, though, it can be even more upsetting. This situation is legally known as wrongful death, and Fulton County has certain laws governing restitution when someone else—by accident or intent—causes the premature death of someone else.
If you have lost someone recently and believe someone else may be to blame, consider speaking to an adept attorney. With the help of a Fulton County wrongful death lawyer, you may be able to claim compensation for various losses related to your family member’s wrongful death.
Wrongful Death Laws
Wrongful death in Fulton County is defined as an individual death caused by the negligent, reckless, intentional, or criminal act of another person. A business may also be responsible for someone else’s death under certain circumstances, such as if someone dies on private property as a result of dangerous conditions the owner did not properly warn them about.
Wrongful death claims are considered personal injury claims, and in many ways are similar to other personal injury claims. The surviving loved ones of a wrongfully deceased person must be able to show negligence on the part of another party, and many personal injury cases can turn into wrongful death cases if their consequences turn out to be fatal.
What Differentiates Wrongful Death from Other Civil Lawsuits?
While both wrongful death and personal injury claims may settle or go to court, one of the biggest differences between them is that the person injured in a wrongful death claim is, of course, unable to file their own lawsuit. Because of that, their loved ones may bring a lawsuit instead, or a personal representative may do so on the family’s behalf.
Who Could File a Claim in Fulton County?
By law, there are only certain people who can file a wrongful death claim in Fulton County. They begin with the spouse of the deceased, or any surviving adult children. If the spouse is still alive, they must file the wrongful death claim and represent the children in court. If this occurs, the spouse must receive at least one-third of any compensation awarded, regardless of how many children are living.
If there are no children and no spouse, the surviving parents of the deceased can file a wrongful death claim. If the parents are no longer alive either, a personal representative can file the claim. When this is the case, any compensation awarded will be awarded to the estate on behalf of the deceased’s next of kin. When filing a claim, it may be wise to consult with a Fulton County wrongful death lawyer for assistance.
Recoverable Compensation in Wrongful Death Cases
A wrongful death claim in Fulton County is typically divided into two different claims, each of which must be filed by different parties. The first is a claim to determine the dollar value of the life of the deceased. If compensation is awarded in this type of claim, it will include monetary damages for damages such as lost wages and benefits, as well as loss of future income. It would also include loss of consortium, or loss of care and companionship, for the surviving spouse and children, if the spouse and children are the ones who file the claim.
The second type of wrongful death claim in Fulton County provides compensation for expenses related to the actual death of the deceased. This type of compensation may include medical expenses incurred before the death, funeral expenses, burial expenses, and pain and suffering on the part of the deceased before their death. Typically, a personal representative will file these types of claims. Usually, one a Fulton County wrongful death lawyer can manage and oversee both claims.
Work with a Fulton County Wrongful Death Attorney Today
If you recently suffered the loss of a loved one and you believe someone else may be directly to blame, contact a Fulton County wrongful death lawyer today. While compensation can never bring a loved one back, it may help with the financial burden they left behind, and an experienced attorney could help families get it. Call now to schedule a consultation.