Tifton Wrongful Death Lawyer
Wrongful death claims in Georgia are a special class of case that are normally connected to a personal injury claim as well. This situation is common in an auto accident injury case, but could also apply in a workplace injury claim or a premises liability situation. Actual standing for a wrongful death claim is determined by the outcome of the accident case and the assignment of comparative negligence for all parties involved. Comparative negligence is a very important part of any accident injury case in Georgia, as all states use some form of comparative negligence that assesses the actions of the claimant as well as the respondent in determining who is at fault for the accident. This is true in a premises liability wrongful death claim also, with the evaluation for the claimant being reasonable assumption of personal risk. Workplace injuries are also governed by a specific set of workers compensation rules, making wrongful death claims even more complicated under certain circumstances. Regardless of the scenario from which the claim comes, wrongful death legal actions are always contentious issues that require the expertise of an experienced Tifton wrongful death lawyer like the legal professionals at Nelson & Smith Law Firm.
Personal Injury Claim
The state of Georgia allows the estate administrator for all victims of fatal accidents to pursue personal injury and wrongful death damages stemming from the accident. The general damages award for pain-and-suffering will also include consideration for loss of consortium and relationship with the family along with the standard calculable compensatory damages for medical bill recovery and lost wages for the remainder of a normal lifespan. While personal injury damages may be minimal when the decedent passes immediately, the wrongful death award can significantly increase the possibility for whole damages for the accident victim. Any amount of fault that can be deflected to the victim can result in a sizable reduction in damages for the insurance company when comparative negligence or reasonable assumption of personal risk is evaluated. It is important to have an experienced and effective Tifton wrongful death attorney in both the primary personal injury case and the second claim intended for the surviving family.
Loss of Family Consortium
Fatal injuries do not only impact the individual who lost their life. They impacts the immediate family as well, many times robbing spouses and dependent children of financial support and the relationship with a parent until they become an adult. Parents and grandparents are also included in some situations, but this normally requires unique legal circumstances of custody or family structure. This award is intended as property of the family members who are allowed legal standing to claim loss of consortium through a wrongful death lawsuit, which can be a significant distinction when the estate of the decedent is being settled. Not only could the immediate family inherit the remaining funds after a probate process, but they will also have a separate property claim to add to the total financial compensation award.
Wrongful Death Trial
Regardless of the circumstances surrounding a wrongful death injury case, it is not unusual for a either party to take the case to trial. Plaintiff legal counselors commonly opt for trial when the insurance company or respondent litigant is contesting the value of the claim. Punitive damages can be awarded in a wrongful death lawsuit when the plaintiff’s Tifton wrongful death lawyer can prove in court that the case has merit for a gross negligence judgement. Defending parties and their insurance providers often take a wrongful death case to court in an attempt to avoid or lessen the value of the claim by requesting an official comparative negligence percentage for the claimant from the jury. The standard for being barred from compensation in Georgia is 50% fault for the accident producing the fatal injury, which means an accident where both parties are equally responsible could mean a claim is dismissed without any benefits being paid under certain circumstances. Your Tifton wrongful death lawyer understands this potential dilemma and will work diligently to prevent this from happening.
Contact Nelson & Smith Attorney at Law
It is clear that wrongful death lawsuits can be challenging legal tasks, and who you choose for legal representation can make a major difference. Always call the legal pros at Nelson & Smith Law Firm who have over 30 years of experience in these serious legal matters. Call or click today for a full free evaluation of your wrongful death case potential.