Seeking Compensation After Losing a Parent in an Accident

Losing a parent is one of the most devastating experiences ever. The experience is even more horrendous if someone else causes it. In such a case, you may pursue a wrongful death claim to compensate for some of your losses.

We know nothing can replace a loved one, but the following tips can help you get compensation and ease some of your family's financial burdens.

Confirm You Can File a Wrongful Death Claim

Not everyone can file a wrongful death claim. State law determines who files the claim. In Georgia, the spouse has the first filing right. That right means you cannot file the claim if a widow or widower has survived your deceased parent. The priority holds even if the surviving widow or widower is your stepparent.

You could file a wrongful death claim if your deceased parent wasn't married at their demise. You can also file a claim if your parent or stepparent is unwilling to file one.

Determine the Liable Party

Wrongful death liability is similar to personal injury liability; the main difference is that the victim is dead. Therefore, you can use legal theories such as negligence, strict liability, product defect, premises liability, and intentional tort to file a wrongful death claim.

Consider an example where a drunk driver runs the red light and rams into your parent's car, killing them. The driver is liable for the death because:

• They knew driving under the influence is illegal
• They drove while intoxicated despite the knowledge
• They violated traffic laws
• The violation caused the accident that killed your loved one

A wrongful death lawyer can help you identify the liable party or parties. The lawyer will also identify the right legal principle for the claim.

Determine and Calculate the Damages

Determining the damages you can pursue under a wrongful death claim is critical because not all damages resulting from the accident fall under a wrongful death claim. For example, you cannot pursue survival action damages in this claim or lawsuit. Survival actions are your deceased parent's losses between their accident and demise.

Survival actions typically apply in cases where an accident victim doesn't die instantly but services for some time. The losses include medical bills, pain and suffering, loss of consortium, or lost wages. Only your parent's estate, through a representative, can seek compensation for survival actions.

Under Georgia law, you can use a wrongful death claim to recover all the losses your parent's demise has caused you. The compensation includes economic and economic damages.

Economic damages include lost future income, lost employment, benefits, and investment income. Noneconomic losses include the intangible losses your parent's death has caused you. Examples include the advice you used to get from your parent, the fishing expeditions you had with them, and the tennis lessons you used to get from them.

Initiate the Claim Process and Negotiate Settlement

The next step proceeds like other injury cases. First, write a demand letter to the liable party. Your demand should:

• Identify yourself and the defendant
• Briefly describe the accident
• Mention the defendant's liability
• Briefly describe the damages
• State the dollar value of your desired compensation

Ideally, the defendant should write you a compensation check after receiving your demand letter, but that rarely happens. The defendant will likely deny liability or counter your demand with a lower offer.

In case of a low offer, you can negotiate until the defendant makes their last and final offer. At that point, you can accept the offer or file a lawsuit. You can also file a lawsuit if the defendant ignores your demand letter or denies liability.

Pursuing compensation after losing a parent is a devastating prospect. Contact The Dennis Law Firm, LLC, to help you pursue the compensation you deserve as you focus on your family's healing. We promise you sympathetic and compassionate service as we pursue the case.