Nothing could be more painful than to lose a loved one because of someone else’s negligence or wrongdoing. No amount of money could ever compensate you for your loss. A wrongful death claim is a legal action to seek justice for your loved one and compensation for your family’s future. Contact the Toccoa wrongful death attorneys at Bross, McAllister & Williams, LLC to learn more about your legal options.
Why Choose Us?
- Our Toccoa wrongful death attorneys and staff are a client-focused team, dedicated to providing service for all your needs. If you are unable to come to us following the death of a loved one, we can visit you in your home.
- We have a comprehensive understanding of all personal injury matters, including wrongful death, and we will fight for your right to compensation and to hold responsible parties accountable.
- We handle our cases on a contingency fee basis, which gives you access to the legal system and justice. There is never a fee unless we win your case.
What Is Wrongful Death?
Wrongful death is a legal term denoting a civil action in which damages are sought against a party for negligently or wrongfully causing the death of a person. A wrongful death claim is a special type of personal injury lawsuit that allows the survivors or estate of the deceased to file against the party who is legally liable for the death. It is only applicable when the deceased victim would have had a personal injury claim had he or she lived.
Causes of Wrongful Death
Survivors may file a wrongful death claim against any person or entity whose negligent, reckless, or willful acts caused the death of their loved one. Common causes of wrongful death include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle Accidents
- Pedestrian accidents
- Dangerous products
- Slip and fall accident
- Construction accidents
Medical malpractice is also a common cause of wrongful death, when a healthcare professional acts recklessly or in a negligent manner you may be able to file a lawsuit for your loved one’s death.
Who Can File a Wrongful Death Claim In Georgia?
Under O.C.G.A. Section 51-4-2, the surviving spouse of the deceased may bring a wrongful action. If there is no surviving spouse, then a surviving child or children may bring a claim. If there are no surviving spouse or children, the parents of the deceased may file a claim. If there are no surviving spouse, children, or parents, then a wrongful death claim may be brought by the administrator of the decedent’s estate. Talk to a Toccoa wrongful death lawyer to see if you’re able to file a claim.
Damages in a Wrongful Death Claim
Pursuant to the statute, surviving family members are entitled to recover “the full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived” in a wrongful death action. The full value of the life of the deceased may include:
- Funeral and burial expenses
- Pain and suffering of the deceased before death
- Loss of future wages, including anticipated salary increases
- Loss of benefits, including retirement benefits
- Loss of inheritance of surviving children
- Pain and suffering of surviving family members
- Loss of the love and protection the deceased would have provided
- Emotional distress
- Punitive damages (designed to punish wrongdoers) in some cases
Contact Bross, McAllister & Williams, LLC Wrongful Death Attorneys
If you have lost a loved one in Toccoa through the negligence or wrongdoing of another, contact our Toccoa wrongful death lawyer as soon as possible, call us at (770) 225-4710 or contact us online. We can provide compassionate and dedicated legal representation in a wrongful death claim to hold responsible parties accountable for your loved one’s death.