Sandy Springs and Atlanta, Georgia Wrongful Death Attorney
If you have lost a loved one due to the negligent actions of another, you may be entitled to receive compensation through a wrongful death lawsuit. While no amount of money can truly compensate you for your loss, it may provide important financial resources that can help you and your family stay afloat during this time of tragedy.
Atlanta wrongful death attorney Laurie Robbins is here to help you through this difficult time in your life. We understand that you are most likely experiencing a wide range of emotions, and we are here to provide you with compassionate guidance and aggressive legal representation to ensure that your rights are protected.
What is meant by wrongful death?
Wrongful death can be attributed to an action that not only caused the death of the victim, but also injuries to the people who depended on the victim for financial or emotional support. Acts that may result in wrongful death include drunk driving, medical malpractice, negligence or intentional acts such as murder.
Criteria for a Wrongful Death Lawsuit in Georgia
The following must exist in order to bring a wrongful death lawsuit in Georgia:
- The death of a human being (the decedent)
- Death was caused by another’s negligence or wrongful conduct
- The survival of family members who suffer a financial injury as a result of the death, and
- The appointment of a personal representative for the decedent’s estate.
Damages in a Wrongful Death Claim
Financial injury is the main measure of damages in a wrongful death action. This may include:
- Lost future income
- Lost prospect of inheritance
- Medical expenses
- Funeral expenses
Determining the amount of damages requires consideration of what would have occurred in the future had the victim lived. The damages that can be assessed may include:
- An estimate of the amount of earnings the person who died would have earned if he had lived
- Pain and suffering experienced by the survivors due to the absence of the deceased person
Most laws state that the damages awarded for a wrongful death will be fair and just compensation for the financial injuries resulting from the decedent’s death. Wrongful death attorney Laurie Robbins will review the facts of your case and help determine the amount of damages to which you and your family are entitled. Then she will negotiate with the insurance company to ensure a full and fair settlement. If a settlement is not possible, Attorney Robbins will pursue your wrongful death claim in court.
What is the difference between wrongful death and murder?
Murder is a criminal charge brought by the state or district in which the victim lived. The defendant is brought to trial in criminal court, where the jury must be convinced that there is evidence “beyond a reasonable doubt” that the defendant is guilty. A charge of wrongful death is brought on behalf of the victim’s family in a civil court. In order for damages to be awarded, the jury needs only to believe that “a preponderance of the evidence” (generally meaning 51%) supports the charges of wrongful death.
Are medical malpractice and wrongful death the same thing?
No. Medical malpractice may lead to wrongful death, but the two are not always linked. To prove medical malpractice, it must be shown that the provider did not offer the accepted standard of care to a patient. Medical malpractice may sometimes result in injury, not death. A wrongful death case seeks damages as compensation to the family of the victim and is not always a result of medical malpractice. Atlanta wrongful death attorney Laurie Robbins can explain the differences to you.
If you feel you may be entitled to compensation due to the wrongful death of your loved one, please contact our experienced Atlanta, Georgia wrongful death lawyer today to schedule your free initial consultation.