Atlanta Wrongful Death Claim
Atlanta wrongful death claim is a special kind of lawsuit brought when someone dies due to the intentional or negligent act of the defendant. Bringing wrong death claims against a defendant who has caused someone’s death, through negligence or some intentional action, is a way of seeking justice.
The estate and/or those close to a deceased person can file a lawsuit against the party who’s legally liable for the death, and wrongful death claims provide a platform for seeking compensation.
While the wrongful death laws of each state vary, a representative of the deceased person’s estate often files these kinds of lawsuits on behalf of surviving family members affected by the death.
When Is a Wrongful Death Claim Applicable?
Situations in which a victim who would otherwise have a valid personal injury claim is killed due to the defendant’s wrongful action can lead to a wrongful death claim. This can occur in a variety of situations, including:
When someone is intentionally killed.
For instance, O.J. Simpson was sued in civil court for the wrongful deaths of Ronald Goldman and Nicole Brown. Victims’ families brought these civil lawsuits, which were separate from the state’s criminal case against Simpson.
When a victim dies due to medical malpractice
If a patient dies a result of a doctor’s failure to diagnose a condition, or carelessness in the level of care provided, then a wrongful death action might be possible against the doctor.
Car accident fatalities due to negligence
If car accident injuries cause the death of the victim, an Atlanta wrongful death claim may be brought.
These are a few examples of personal injury cases, which can turn into wrongful death claims. A wrongful death claim Atlanta can stem from almost any personal injury case, although there may be one notable exception for work injuries that cause death, as they usually must be handled exclusively through workers’ comp system.
Who Can File A Wrongful Death Claim?
A representative of the estate of the deceased victim is usually the one who files an Atlanta wrongful death claim on behalf of survivors who had a relationship with the victim. Exactly who those survivors can be varies from state to state.
In every state, a spouse may bring a wrongful death action on behalf of his or her deceased spouse. Also, parents may bring a wrongful death action if one of their children is killed, and minors can receive compensation over the death of the parent(s).
Where states disagree is whether grown siblings can sue for wrongful death, whether adult children can sue for the wrongful death of their parents, whether adult children can sue for the wrongful death of their parents, or whether extended family members such as grandparents, uncles, aunts, or cousins can sue. Usually, the more distant the family relationship is, the harder it’ll be to get a legal remedy through a wrongful death claim.
Atlanta Wrongful Death Claim
In some states, the deceased’s romantic partner may bring a wrongful death claim (in other words, marriage is not a requirement), as can anyone who can show financial dependence on the deceased.
If you are looking for an experienced, reputable Atlanta wrongful death claim attorney, contact Bobe & Snell Law Office LLC today.
Call us at 470.268.5802 or contact us online to schedule a free, no-obligation case review.