Cobb County Wrongful Death Lawyer
The unexpected death of a loved one is often a stressful and shocking time, even more so when the death is caused by the negligence of another person or party.
A compassionate and experienced Cobb County wrongful death lawyer could help recover compensation for damages you have sustained as a result of losing your family member, including lost income, loss of consortium, and mental anguish. Reach out to an accomplished personal injury attorney today to begin the claim process
What is a Wrongful Death Lawsuit?
Wrongful death is defined by Georgia law as a death caused by criminal intent, recklessness, or negligence of another person or entity. Wrongful death cases are similar to personal injury claims and may revolve around a car accident, medical malpractice, a defective product, or something similar. The main difference is that in a wrongful death claim, the injured person is not here to be the plaintiff in their own case.
Who Files a Wrongful Death Claim?
The family or representative of a deceased person should contact a Cobb County wrongful death accident attorney to determine who may file a lawsuit on that person’s behalf. Under Georgia Code § 51-4-2, the surviving spouse or the deceased minor children are first in line to file a wrongful death suit. If none of these parties exist, a claim could be brought by:
- The surviving parents of the deceased person
- A personal representative of the deceased person’s estate
If a representative files the claim, recovered damages become the property of the estate for the benefit of the next of kin.
Recoverable Damages for Wrongful Death in Cobb County
The purpose of a wrongful death claim is to recover the full value of the life of the deceased. If the plaintiff’s wrongful death accident lawyer in Cobb County wins the case on their behalf, they may be able to recover:
- The lost wages and other benefits the deceased person could have reasonably earned in a normal lifetime
- Damages for the loss of care, companionship, and other intangible benefits that the deceased person gave to their loved ones
- Medical expenses accrued from the deceased person’s illness or injury that caused the death
- Funeral and burial expenses
- Conscious pain and suffering the deceased endured before death
The Essence of Time in a Wrongful Death Case
As per Georgia Code § 9-3-33, the statute of limitations for a wrongful death claim is two years from the date of the death. The family member or representative of the deceased’s estate must exercise their legal rights within this specified timeframe. If they fail to do so, it is highly unlikely that their case will be heard, and they may not be able to recover damages on behalf of their loved one.
Call a Cobb County Wrongful Death Attorney
After the wrongful death of a loved one, your grief does not have to be compounded by financial stress. A Cobb County wrongful death lawyer could craft a case to help you and your family recover compensation for your monetary and emotional damages. Reach out today to learn what your wrongful death claim might be worth.