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GEORGIA PERSONAL INJURY AND CRIMINAL DEFENSE LAWYERS

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Atlanta Wrongful Death Attorney

When an accident leads to the tragic death of a loved one, the attorneys at ChancoSchiffer P.C. are here to help. If you have recently lost a loved one, you may be able to file a claim to hold negligent parties accountable for a loved one’s accident. While nothing can bring a loved one back, a wrongful death claim can help ease the family’s financial burden and hold negligent parties responsible for losses from a loved one’s death.

The lawyers at ChancoSchiffer P.C. will handle your case with care, attention, and compassion. Speak with one of our lawyers today and arrange a free consultation of your case and legal options.

Georgia’s Wrongful Death Laws

A “wrongful death” occurs when someone else’s negligence contributes to loss of life. This negligence may arise from action or inaction, even malicious intent. While surviving members of a family can file a wrongful death claim on top of any criminal charges, a crime is not a requirement to file a wrongful death claim. These are matters of civil law, and only require that:

  • The defendant owed the decedent a duty of care
  • He or she violated that duty, committing negligence
  • That negligence led to someone’s death
  • That death led to damages

Wrongful Death Due to Car Accidents

Unfortunately, nothing can replace a loved one, who is gone forever due to somebody’s negligence. However, our wrongful death lawyers will diligently work to ensure that the family is fairly compensated when there has been injury or death due to an automobile accident.

Not only is a wrongful death case shrouded with emotional toll, but it is also accompanied with medical bills and funeral costs. Often the spouse and children suffer a substantial loss of income source for the household due to the wrongful death.

If you are suffering from the aftershock of the wrongful death of a loved one, it may come as some consolation to know that the injury lawyers at ChancoSchiffer, P.C. are ready to litigate for you. Our auto accident lawyers are familiar with causes of these accidents, the insurance companies frequently involved and how to maximize the recovery in each circumstance.

Who Can File a Wrongful Death Suit in Georgia?

Georgia law sets forth specific rules for who can file a wrongful death suit in the state. First in line is the decedent’s surviving spouse. Chapter 51, Title 4 of the Georgia Code states if the couple has surviving minor children, the spouse acts on behalf of these children, and may be entitled to no more than 1/3 of the total recovery.

If the decedent has no spouse or minor children, the parents may file a wrongful death claim. If the decedent has no surviving parents, then the administrator of the estate may file a wrongful death claim on behalf of the beneficiaries outlined in the estate plan.

Seeking Damages for Wrongful Death Claim

A wrongful death claim seeks to provide compensatory damages for all the harm a family suffers resulting from their loved one’s death. Surviving family members may collect the following types of damages in a wrongful death claim:

  • Economic damages – which include medical expenses, any loss in earning capacity, and the expenses associated with the funeral or burial.
  • General damages – which compensate for intangible losses such as pain, suffering, emotional distress, and loss of partnership or guidance.

In some cases, such as deaths arising from gross negligence, plaintiffs may be able to collect punitive damages. These damages punish the defendant for their wrongdoing and discourage similar behavior in the future.

Your Wrongful Death Attorney in Atlanta

If your family is suffering following the tragic loss of a family member, a wrongful death claim can help. These claims seek to provide financial reimbursement for the losses associated with your loved one’s death. The wrongful death attorneys at ChancoSchiffer P.C. can identify the parties responsible for your loss and claim fair compensation for the harm your family suffered. Our community law firm treats each case with the care and attention it deserves, unlike larger corporate firms with nameless associates. Contact us to schedule a free initial consultation with our firm today.