A wrongful death action is a type of lawsuit brought on behalf of a deceased person's beneficiaries which alleges that the death was caused by the willful or negligent act of another. Wrongful death claims are obviously among the most serious type of personal injury loss. The stakes are high and the playing field is anything but level. The sad reality is that: while you are grieving your loss, the insurance company is often hiring counsel and building its defenses. Losing a loved one is heartbreaking under any circumstances. But when your loss is caused by the carelessness or negligence of another person or company, the loss is seemingly unbearable. When the wrongful party and/or their insurance company deny liability, employ stalling tactics, or undervalue your claim, your grief and frustration are compounded.

While no one can put a value on someone's life, there are laws in place that attempt to adequately compensate you for your loss.  When a family member is killed by someone else's negligence, you are entitled to recover for "the full value of the life of the deceased."

At trial, factors which a jury may consider when determining the amount of money to award the survivors of a wrongful death victim are: photographs of the deceased, life expectancy, earning capacity of the deceased (i.e., what the deceased would have earned in his or her lifetime).  Factors helpful to the jury in determining what the deceased would have earned are: age, sex, level of education and training, and what profession or career the deceased was engaged in when killed.

Because the stakes are high, immediate investigation is warranted in wrongful death actions. All potential liable parties must be identified and investigated. All potential causes of actions must also be identified, with proper notices being sent to preserve some claims and protect critical evidence before it is destroyed. All primary and secondary layers of available insurance must be identified and properly notified of the claims. It is important to have an experienced Georgia injury lawyer perform all of these tasks in order to protect your interests when you find yourself in a wrongful death situation.

At Fleming Law, P.C. we have earned our reputation for excellence by helping clients and families face life changing tragedies such as the loss of a loved one. We are experienced and skilled in wrongful death litigation. We have recovered millions of dollars for our clients. We understand the issues you are wrestling with.

If you would like to discuss your case with us, please call Robert J. Fleming at (404) 923-7497 or contact us online. We are here to help.