Cohen & Sinowski are Cobb County wrongful death attorneys. From our office in Marietta we represent families across the Atlanta-Metro area.
Death is a natural part of life. However, many people who die do so well before their time, as a result of serious injuries incurred in accidents caused by the negligence of others. When a death like this occurs that is sudden and unexpected, family members may suffer from shock and sorrow, and have dozens of questions about what will come next in life.
While our lawyers at the law offices of Cohen & Sinowski, P.C. cannot answer all of the questions you have about why your loved one’s life was taken, we can help you to determine liability for your loved one’s death, and bring forth a wrongful death claim to recover compensation.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a type of civil action that is filed by the loved ones of a deceased person when the wrongful acts or neglect of another party result in death. A wrongful death case is very similar to a standard personal injury claim; wrong deaths actions may be pursued when the decedent would have maintained a personal injury action but for death.
Further, a personal injury claim mirrors a wrongful death lawsuit in the elements that must be established for the suit to be successful. These elements include:
- The defendant owed the decedent a duty of care;
- The defendant breached the duty of care;
- The breach of duty was the direct cause of fatal accident; and
- Damages have resulted.
Accidents that Lead to Wrongful Death Actions
A party may file a wrongful death action anytime that the negligent, or careless or wrongful act, of another party leads to death. As such, the list of the types of accidents that may be fatal and warrant a wrongful death claim is very long. Our Marietta wrongful death attorneys have experience representing clients whose loved ones have died in the following accident types:
- Motor vehicle accidents;
- Pedestrian and bicycle crashes;
- Product liability incidents;
- Premises liability incidents;
- Medical malpractice; and
If your loved one has died and you’re unsure of whether or not you have a cause of action, contact our law firm today for a free consultation.
Who Can File a Wrongful Death Lawsuit in Georgia?
Only certain parties are permitted by the courts to bring forth wrongful death actions in Cobb County and surrounding areas. Those parties who are allowed to file a wrongful death suit in Georgia include:
- The spouse of the decedent;
- The children of the decedent; and
- The surviving parents of the decedent or the personal representative of the deceased’s estate if there is neither spouse nor children.
Damages Recoverable in a Wrongful Death Action
When a loved one dies at the hands of another, surviving family members suffer many different damages types, including both economic and noneconomic losses. As such, plaintiffs in a wrongful death suit can seek compensation for a wide range of damages that resulted from the death of their loved one, including:
- Funeral and burial expenses;
- Medical expenses prior to death;
- Lost wages and lost earnings and benefits;
- Pain and suffering; and
- Loss of care, companionship, and other benefits provided by the deceased prior to death.
Statute of Limitations for Wrongful Death Claims in Georgia
All civil actions in Georgia are governed by a statute of limitations, which is a limit on the amount of time a plaintiff has to bring forth a civil action after injuries or death have occurred. In Georgia, the statute of limitations for a wrongful death claim is two years from the date of death.
If a party waits longer than two years to bring forth their case, they will be barred from recovering compensation at all. It is important to take action as soon as possible to begin the process and guarantee your right to seek compensation.
The Benefits of Working with a Georgia Wrongful Death Attorney
Pursuing a wrongful death claim on your own without legal counsel can be challenging. Not only are there are a number of emotional ups and downs that you’re likely experiencing, but without knowledge of the law, you may have a more difficult time recovering the compensation that you’re entitled to and navigating the legal system. When you work with our legal professionals, we will aid you by:
- Investigating your loved one’s cause of death and establishing fault. Establishing fault is one of the most important elements of a wrongful death claim – if you cannot prove the fault of the defendant, you will be barred from recovering compensation. Our attorneys open a thorough investigation, and hire experts to work on your behalf, to determine exactly what went wrong and who’s to blame.
- Determining the value of your case. No two wrongful death cases are alike. Our attorneys will determine the value of your case based on the worth of your economic damages and the value of your noneconomic losses.
- Negotiating for your full settlement. Once we know who is to blame for your loved one’s death and the value of your claim, we will issue a demand letter for your compensation. Typically, this will result in negotiations involving an insurance adjuster. We are skilled negotiators who are prepared to work hard to fight for your right to your full damages amount.
In the event that a settlement cannot be reached, we are also prepared to take your case to court and litigate on your behalf.
Contact Our Cobb County Wrongful Death Lawyers Today
Serving the areas of Acworth, Austell, Kennesaw, Smyrna, Marietta, and Powder Springs, our Cobb County wrongful death lawyers are ready to review your case free of charge today. We know that there are few things more trying in life than losing a loved one; we want to help you seek justice for your family member’s death and recover the compensation to which you’re entitled.
To schedule a free consultation with our law offices, please call us directly or use the use the form below to send us a confidential message, and we will return your inquiry shortly.