It is difficult to deal with the loss of a loved one, but the pain feels unbearable when the death is caused by medical negligence. Many people decide to take the guilty party to court, and that’s why it’s vital to learn about medical negligence and wrongful death.
Wrongful death means death caused by reckless, negligent, or intentional actions of another party. In contrast, medical negligence falls under the category of wrongful death and refers to a situation where a healthcare professional causes the loss by not providing the right standard of care.
Why Connect with a Compassionate Lawyer in Atlanta?
Compassionate advocacy is vital in wrongful death cases. Depending on the circumstances, these cases may also involve personal injury claims. Plaintiffs can also file criminal charges against the guilty party to seek compensation, which involves civil proceedings. Only a professional Atlanta wrongful death lawyer can help you with all this.
Considering the intricacies involved in legal procedures, a wrongful death lawyer is the right person to take care of everything. They follow all the rules when filing and pursuing the case, and clearly understand the statute of limitations and other state-specific laws to get the verdict in your favour.
Who Can File a Wrongful Death Lawsuit in Atlanta, Georgia?
The victim’s marital and familial status determines who can file a wrongful death case. In case of a death by medical negligence, the spouse of the deceased has the right to file a lawsuit. In the absence of a spouse, the children of the deceased person can also file a lawsuit. However, if the victim wasn’t married, their parents can also file the claim, either jointly or individually. In Georgia, the estate’s administrator can also file the claim in case the victim doesn’t have a spouse, children, or parents.
Understanding Wrongful Death Damages in Atlanta, Georgia
Another important reason to work with an experienced wrongful death lawyer is that juries award compensation based on the victim’s losses, not the family’s. Damages in this case reflect the “full value” of the victim’s life from the jury's perspective.
In medical negligence cases that result in death, the jury considers economic and noneconomic components. Economically, the “full value” encompasses future earnings, including benefits, wages, and investment income. Non-economic value covers the loss of life’s pleasures, such as hobbies, family interactions, and personal joys. Only an experienced lawyer can convey these losses to juries. They’re important at every stage of the lawsuit. For instance:
- An experienced lawyer investigates all medical circumstances leading to the death.
- A lawyer gathers evidence to prove the death is the result of a healthcare provider’s negligence.
- Lawyers use their knowledge of wrongful death and medical negligence/malpractice cases to follow legal procedures carefully.
- A professional lawyer understands the ins and outs of dealing with insurance companies, which helps them secure a fair settlement.
- An experienced lawyer may also help get punitive damages in cases involving egregious negligence.
Endnote
Wrongful death cases in Atlanta, Georgia can be quite tricky, and only experienced lawyers can help you get fair compensation. The knowledge of medical malpractice is also vital when you lose a loved one due to the negligence of a healthcare provider. Don’t waste time and be sure to work with a lawyer to file your case correctly.
