Losing a family member is difficult enough to deal with when it occurs as a result of natural causes. When it occurs through the wrongful acts of another, it is even more difficult to understand and deal with. To calculate that loss, in monetary terms, is an even tougher task. Jason R. Schultz, the Atlanta Georgia wrongful death attorney, is here to help you and your family.
Defining a Georgia Wrongful Death
While no human life can simply be defined by a monetary value, if you lose a treasured family member, you deserve to be reimbursed for the loss of income, support, and companionship the person provided to you and your family.
A "wrongful death" occurs when a person is killed due to the wrongful act, neglect or fault of another individual, company or entity. An action for wrongful death belongs to the decedent's immediate family members or estate depending upon the circumstances. The Georgia wrongful death attorney of Law Offices of Jason R. Schultz PC, located in Atlanta, Georgia, has filed many lawsuits on behalf of metropolitan Atlanta and Georgia clients throughout the entire state of Georgia under the Georgia wrongful death statutes.
Elements of a Georgia Wrongful Death Claim or Lawsuit
In order to bring a successful wrongful death claim or cause of action under Georgia law, the following elements must be present:
1. The death of a human being;
2. and caused by another's wrongful act or omission, negligence or fault.
A wrongful death claim may arise out of a number of circumstances, such as in the following situations:
1. Medical malpractice or nursing home abuse or neglect that results in a wrongful death;
2. Over medication or adverse reaction to medication resulting in death;
3. Car, Truck, Boat, or Airplane wreck, accident or collision;
4. Construction accident;
5. Defective product or occupational exposure to hazardous conditions or toxic substances;
6. Electrical Accident resulting in death through electrocution;
7. Overzealous prison, police, or sheriff officer during arrest and restraint;
8. Failure to properly supervise a known suicide risk while in custody or care;
9. Failure of prison, police, or sheriff to provide necessary medical care; or
10. Dog or Animal attack.
Damages in a Georgia Wrongful Death Claim or Lawsuit
In a wrongful death claim damages may be awarded for the full value of the deceased's life; these damages may generally be categorized as those items having a proven monetary value, such as lost potential lifetime earnings, income, or services, and lost intangible items whose value cannot be precisely quantified, such as a parent or child's society, advice, example and counsel as determined by the enlightened conscience of the jury.
Obviously, the loss of a human life is the most significant damage in a Georgia wrongful death claim. However, pecuniary or financial injury is also a measure of damages which must be addressed. The Georgia wrongful death statute provides that damages that are fair and just may be awarded. For example, the family that has suffered such a loss due to the wrongful death of a loved one is entitled to reimbursement for the loss of income, benefits, love, affection, companionship, care, protection, and guidance.
Contact a Wrongful Death Attorney
How does one replace something irreplaceable? This is a question that many jurors, as well as the family who has suffered such a tragedy, need help answering when there has been a wrongful death. At the Law Offices of Jason R. Schultz PC, our Georgia wrongful death attorney understands that no amount of monetary damages is worth suffering through such a loss. However, the Georgia wrongful death statute requires that we place a value on the irreplaceable so that the family members and loved ones can be compensated for enduring a wrongful death. The Law Offices of Jason R. Schultz PC, a Georgia wrongful death attorney, will act as a compassionate guide for your family through the Georgia legal system and this difficult time.
Contact the Law Offices of Jason R. Schultz PC so that our Georgia wrongful death attorney can assess your case and prepare an effective wrongful death claim on your behalf. Please visit our contact page to set up a free initial wrongful death consultation. We also offer reduced rates to those contacting us regarding wrongful death claims through the Internet.
If you have suffered the loss of a loved one due to the negligence of another, contact The Law Offices of Jason R. Schultz P.C. at (404) 474-0804 or Toll-Free (866) 455-4709 or email Jason Schultz at [email protected] for a consultation.
For 18 years, The Law Offices of Jason Schultz P.C. has been recovering compensation for clients in the counties of Rockdale, Douglas, Gwinnett, Spalding, Cobb, Henry, Dekalb, Fulton, Clayton, Troup, Carroll, Fayette, and Coweta as well as in Atlanta, Tyrone, Stockbridge, Senoia, Roswell, Peachtree City, Newman, McDonough, Marietta, Lawrenceville, LaGrange, Jonesboro, Griffin, Fayetteville, Douglasville, Decatur, and Conyers.
The Law Offices of Jason Schultz P.C. – Small Enough to Care, Experienced Enough to Win.