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At Dermer Appel Ruder, our Norcross personal injury attorneys know there are multiple ways our fellow Georgia residents can suffer catastrophic injuries because of another person’s negligence. A catastrophic injury is a physical injury that is considered extreme or particularly serious, often resulting in permanent or long-lasting damage to major body parts.
Catastrophic injuries are common in vehicle crashes, including car, truck, bicycle, pedestrian, motorcycle, and boat accidents caused by negligence throughout the state, and often include spinal cord and traumatic brain injuries.
Unfortunately, it is not uncommon for accident victims to succumb to their catastrophic injuries. When accident victims do not survive their injuries — whether their loss comes within hours, weeks, or months — eligible family members may be able to pursue a legal remedy on their behalf by filing a wrongful death claim.
How Do Georgia Family Members Pursue a Wrongful Death Claim After Their Loved One Dies from Their Catastrophic Injuries?
In Georgia, the family of a wrongful death victim can file a lawsuit within two years of their loved one’s death. The claim must be filed against the responsible party for negligence, intention, or omission that resulted in the death.
Our personal injury lawyers in Norcross will investigate and determine who may be liable for the catastrophic injuries and subsequent wrongful death to show that the defendant was negligent or intentionally caused the deceased person’s death.
Negligence refers to a failure to exercise reasonable care, while intentional harm means the defendant deliberately caused the harm that led to the person’s death.
To pursue a successful wrongful death claim, we must prove that the death would not have occurred if not for the defendant’s actions or inactions.
Who Can File a Wrongful Death Claim in Georgia?
In Georgia, the deceased person’s surviving spouse, children, or parents can file a wrongful death claim. If there are no surviving family members, the administrator or executor of the deceased person’s estate may file a claim. Along with a wrongful death claim, a claim is made on behalf of the estate to ensure that full compensation can be sought for all forms of damages.
The purpose of a wrongful death claim in Georgia is straight forward. Primarily, it is to pursue compensation for the economic and non-economic damages the deceased suffered from the liable party’s negligence.
That may include:
- Medical bills up until the time of death.
- Pain and suffering endured by the catastrophically injured party before their untimely death.
- Payment for burial and funeral expenses.
- Property damages.
- Lost income and future financial contributions to the family.
- Lost love and companionship.
All the damages sought in a wrongful death action are for the injuries and damages from the perspective of your deceased family member.
If you have lost a loved one who succumbed to their catastrophic injuries, contact our wrongful death lawyers at Dermer Appel Ruder today by calling (404)-892-8884 or online to discuss your case during a free consultation. We are here to help.