Roswell Wrongful Death Lawyer

When an individual dies as a result of an accident caused by another party's negligence, his or her loved ones may be entitled to recover compensation for their damages through a wrongful death claim. The damages that accompany a victim's death can be quite significant, such as the loss of his or her income, his or her non-monetary contributions to the household like daily chores, the loss of the opportunity to inherit assets from the victim, and the emotional toll of losing a loved one in an accident.

An individual can die as a result of any type of accident. Car accidents, bicycle and motorcycle accidents, truck accidents, slips and falls, and animal attacks can all have fatal consequences if the victim suffers severe enough injuries. A victim can also die as a result of medical malpractice, which includes any act of negligence by a doctor or other healthcare provider that results in the victim's worsened condition. If you have lost a loved one in any type of accident that he or she did not cause, you can potentially recover compensation for your damages with help from an experienced wrongful death lawyer.

Who Can File a Wrongful Death Claim?

The party closest to the victim has the right to seek compensation through a wrongful death claim. If the victim was married, this right belongs to his or her spouse. If the victim also had children, his or her spouse may be required to share the compensation received through the claim with them. If the victim was not married, his or her children may receive compensation for their damages suffered through a wrongful death claim.

If the victim was not married and did not have children, the victim's parent may file a wrongful death claim. If he or she does not have a surviving parent, an estate representative may be appointed to recover compensation for the damages suffered by his or her “next of kin.”

No matter who files the wrongful death claim, he or she must do so within two years of the victim's death. Once two years pass, the claimant is no longer entitled to recover compensation for the damages caused by the death due to Georgia’s statute of limitations for wrongful death claims.

What Can a Wrongful Death Claimant Recover?

There are two elements to a wrongful death claim: the value of the individual's life and the value of his or her estate. Naturally, determining the monetary value of an individual's life is much more complicated than determining the net worth of his or her estate.

The factors that need to be determined to find the monetary value of the victim's life are as follows:

  • The value of his or her wages and benefits at the time of his or her death and what he or she might reasonably have been expected to earn over the course of the remainder of his or her career; and
  • The loss of the companionship, guidance, and intangible relationship value that he or she provided to his or her survivors.

The evidence used to make this determination can include documents showing the victim's current income and assets' net worth, documentation showing his or her projected asset growth and career trajectory, and testimonies from loved ones discussing the role he or she played in their lives.

Determining the value of the deceased's estate is much more straightforward. It involves the calculation of the following:

  • His or her funeral and burial expenses;
  • His or her medical bills for care received in the time leading up to his or her death; and
  • The expenses that the victim's survivors face following the death, such as lost wages from having to take time off to grieve and the cost of psychological counseling to work through their feelings after the death.

Evidence used to determine this amount can include medical bills for both the victim and his or her survivors and funeral home bills.

Work with a Roswell Wrongful Death Lawyer

If you have lost a loved one in an accident caused by another party's negligence, you could be entitled to recover compensation for your damages through a wrongful death claim. To learn more about this process, work with an experienced wrongful death attorney. Our team of Roswell wrongful death attorneys at Christopher Simon Attorney at Law can answer any questions you have about this process and help you prepare and pursue your wrongful death claim. Contact our firm today to schedule your initial legal consultation with us.

Client Reviews
My wife and I were hit by a tractor trailer in 2014. After extensive research online, we were deeply impressed with the various reviews we read on Google and Avvo and chose Chris to represent us. We could not have a made a better decision. Chris and his firm treated us like we were their only clients, soothed our worries, and instantly gained our trust. Chris settled both of our cases for more than we expected. James
A co-worker of my wife recommended Chris to us. At the very beginning Chris showed that he cared and his knowledge is priceless. Going through this process can be aggravating but Chris did a great job guiding me through this and was always available to answer my questions. Chris fought to get what I deserved even though at times I wanted to give up. Tracy
I want to express my deepest sense of gratitude and appreciation to Attorney Chris Simon & Attorney Chris Carsten, for all the hard work that they put forth into my case (car accident filed after being hit by drunk driver). Their attention to detail and professionalism far surpasses their firm's reputation. Because of their diligence and dedication to their craft, they were able to bring my case to a successful close, one that I could live with. You will not find a better team for your case. Should I have a need for their services again in the future, or know of anyone looking for a top notch Auto Accident Law Firm, I would not hesitate to recommend them!!!! Elle
Wow...Chris is a very good attorney. Me and my son was in a very bad car accident an I was clueless on how to handle the situation. It's very hard to find an attorney who allows you to contact them personally instead of you contacting their asst. I was told that I didn't have a case because the hosiptal put a lien on my acct. Chris prove different and I was able to file my case with the insurance company. The process was very quickly and Im glad I selected the right attorney..Thanks Chris A Car Accident client
Chris is a great lawyer and the most people friendly attorney I have ever delt with. He handled my case with great attention to detail and did so in a very short period of time. He is very consice, efficient, patient and understanding. He has a strong passion for what he does and he does it well. I recommend Chris Simon as legal representation for anyone who has suffreed damages or a loss at the negligence of others. He really cares about you and your case. A Car Accident client