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Wrongful death refers to an individual who dies as the result of another person or entity’s negligence.
When this occurs, survivors can make a wrongful death claim and bring a lawsuit, with the help of an Atlanta wrongful death attorney. These cases seek compensation for survivor loss, such as for lost wages from a deceased person, the lost companionship and medical and funeral expenses.
Wrongful Death Claims
Claims for wrongful death filed by an Atlanta wrongful death attorney can involve all kinds of fatal accidents, from vehicle crashes to complex product liability or medical malpractice cases. Companies, persons and governmental agencies can be legally found negligent for failing to act in a reasonable fashion and for intentional acts.
Plaintiffs
Wrongful death claims must be filed by representatives on behalf of survivors who have suffered damages, referred to as “real parties in interest.”
Representatives are typically the executors of a decedent’s estates. They can include: Immediate family, Adopted children, Parents of unmarried children, Life partners, Financial dependents or Distant family members.
Because laws can be complicated, it is best to seek the advice of an Atlanta wrongful death attorney as soon as possible for this type of claim. According to some state laws, life or domestic partners and others depending upon the decedent financially may recover damages. Putative spouses (persons who in good faith were married to the decedent) could also have a claim.
Some states even allow for more distant family members, sisters, brothers and grandparents to file wrongful death cases. For instance, grandparents who are raising children could bring a lawsuit.
Any and all persons who have suffered financially could, in some states file a claim for lost support or care, with the assistance of a competent Atlanta wrongful death attorney, regardless of whether they are related by blood to the decedent or not.
In some states, fetal death can be the basis of a wrongful death case. Several other states mandate that parents may not bring wrongful death actions in order to recover for emotional and financial losses. Those states allow parents to bring a wrongful death claim only when the baby was born alive and subsequently died.
Defendants
Wrongful death cases may be brought against a vast array of individuals, firms and government employees and agencies. For instance, car accidents involving faulty roadways and drunk drivers may involve suing:
- Drivers or employers at fault in auto accidents
- Designers or builders of faulty roadways
- Government agents failing to provide adequate warnings
- Manufacturers, distributors, or installers
- Persons selling, serving or providing alcohol to an impaired driver
- Owners of premises serving alcohol
Wrongful death claims are complex. This is why anyone who has suffered this type of loss should seek the assistance of a competent Atlanta wrongful death attorney as soon as possible.
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