A car recently hit an unidentified man who was walking near Brockett Road and Lawrenceville Highway in DeKalb County. Sadly, the pedestrian died at the scene. Unfortunately, this tragedy is likely one of dozens of fatal pedestrian accidents to take place in DeKalb County this year. In these cases, the family of an accident victim often has the right to bring a wrongful death lawsuit against those responsible for their loss. While no amount of money lessens a family’s grief, legal action could bring much-needed financial relief to those left behind.
What To Do if a Family Member is Killed in a Pedestrian Accident
In Georgia, when someone dies due to another party’s accidental or intentional action, their surviving family members may file a wrongful death claim against that other party. The first step is determining pedestrian accident liability, or who can be held legally responsible for the death. Wrongful death claims can arise from many circumstances, such as car accidents, medical malpractice, assaults, and other reckless or deliberate actions.
Under Georgia’s wrongful death law, the following parties may be entitled to compensation for a loved one’s loss:
- The decedent’s spouse
- Their children, if there is no spouse
- Their parents, if there are no children or spouse
- The personal representative of the accident victim’s estate
- A court-appointed representative
No other parties are eligible to file a wrongful death lawsuit in Georgia.
What Compensation Can Be Recovered After a Fatal Pedestrian Accident in Georgia?
In a successful lawsuit for wrongful death, the survivors or estate of the accident victim can pursue compensation for the complete value of the decedent’s life, encompassing both tangible and intangible elements, such as:
- Lost wages, benefits, and services, including the potential earnings the deceased person could have reasonably accumulated throughout their life
- Lost care, companionship, guidance, and advice
- Cost of any medical treatment the deceased incurred due to their injuries
- Medical expenses related to the victim’s fatal injury
- Funeral and burial costs
- Other necessary expenses resulting from the person’s injury and demise
An experienced wrongful death attorney can help argue for full and fair wrongful death compensation from the at-fault party.
Who Will Cover the Legal Fees of a Wrongful Death Lawsuit?
Many lawyers who handle wrongful death lawsuits work on a contingency fee basis, which means families do not have to pay anything upfront and owe legal fees only if the attorney successfully secures compensation. The fees come as a percentage of the recovery, which can vary. Always ask a prospective lawyer about their fee structure before hiring them.
Contact the Wrongful Death Lawyers at Brauns Law Accident Injury Lawyers, PC
At Brauns Law Accident Injury Lawyers, PC, we know you’re going through a lot. Our knowledgeable wrongful death attorneys can guide you through the legal process and negotiate with insurance companies who are often reluctant to pay what family members rightly deserve.
Let us protect your rights while you focus on honoring your loved one’s life. Contact Brauns Law Accident Injury Lawyers, PC for a free consultation.
