The loss of a family member is one of the most challenging experiences one could go through, especially when it is caused by negligence or other wrongdoings. In cases where the deceased was the primary breadwinner, those left behind often find it difficult to move forward due to the gap left by their death. But Georgia’s law, as is common in other states, allows for a process by which the grieving family or spouse can receive compensation for their loss.
If you have lost someone you love to the negligent actions of someone else, our Hampton wrongful death lawyers can help you pursue a legal claim to get the money you and your loved ones deserve. While the loss of life is not fully compensated, monetary damages may help your family get the cash they require to sustain their lives.
It is worth noting however that it could be difficult to bring a wrongful death claim due to the multitude of laws and statutes that exist in Georgia. If you are considering filing the wrongful death claim in Hampton, then you must take a look at contacting Wade Law for the legal assistance and representation that you require to file a successful claim against the responsible parties.
Our personal injury attorneys are committed to pursuing justice for all those who’ve been pre-emptively robbed of their beloved family members and we’d like to help you too! To arrange a no-obligation complimentary consultation with one of our wrongful death attorneys, call 770-282-1188.
What’s the Definition of Wrongful Death in Georgia?
Georgia law defines “wrongful death” as any death that is caused by the negligent or reckless, criminal, or careless acts of another person or entity or a property or product which was made in a defective manner regardless of the degree to which negligence was at play. Put simply, wrongful death is when someone loses their life due to the legal fault of another individual or entity, such as through:
- A defective product
- Medical malpractice
- Intentional act (such as a criminal offense)
- A negligent incident (such as a car accident)
The only way in which the person at fault is held liable in the case of wrongful demise is via “damages” or financial compensation that the court requires them to pay the estate or loved relatives of the deceased. This is among the primary distinctions between wrongful death cases and criminal homicide cases, where convictions can lead to jail or prison time and fines, probation or other penalties.
Who Is Eligible to Bring a Wrongful Death Claim in Georgia?
A wrongful death claim cannot be pursued by anyone simply because they knew or are closely associated with the deceased. Statutes generally limit the rights to file a wrongful-death lawsuit to certain members of the family. Georgia’s Wrongful Death Act outlines who can file wrongful death claims according to the following:
- The first is the decedent’s spouse;
- If there’s not a spouse, then the children;
- If there is no spouse or children, then the living parent(s) will do.
- If there’s no spouse, children, or parent(s), then to the estate administrator.
What Damages Can the Family Recover From a Wrongful Death Claim?
The family members, or representatives of the deceased’s estate may be able to recover two major types of compensation:
- Economic Damages: These are financial losses that can be physically calculated such as lost benefits, lost income funeral expenses, etc.
- Non-Economic Damages: This includes intangible losses such as the loss of friendship and grief, mental stress as well as loss of training.
There is a chance that you won’t be the sole recipient of the compensation, as Georgia’s wrongful death law states. If there are multiple beneficiaries, the distribution of the damages could become a bit tangled. This is why it is best to consult a Hampton wrongful death attorney who can assist you.
Can the Family Members of the Deceased Seek Punitive Damages?
In Georgia, there is no mention of punitive damages when it comes to laws governing wrongful deaths. This is why the judges in Georgia strictly interpret that the law doesn’t allow the award of punitive damages in claims involving wrongful death.
While that’s true, there is still an opening that could be made use of. Survival actions are an instance of a lawsuit that permits victims to seek punitive damages. Survival actions are governed by common personal injury law. The estate of the deceased could file a personal injury case where a punitive damages claim may be included.
It is important to note that this exemption only applies in situations where the deceased was alive for at least a few seconds before they passed away. The plaintiff cannot pursue punitive damages if the demise occurred immediately or suddenly. The only recourse is to file a wrongful death claim.
What Evidence Can Show Negligence in Wrongful Death Cases in Georgia?
For the estate of the deceased or family members to obtain compensation in Georgia, they have to prove that the demise of their loved ones was due to recklessness, negligence, or malice on the side of the defendant. Note the following guidelines if you are pursuing a wrongful death claim:
- Duty: The defendant owed your loved one the duty of care at the time the incident took place, and that means clarifying the duties the defendant had to pay the deceased.
- Duty breach: The defendant did not fulfill their obligation of care to your loved ones.
- Causation: The failure to perform the duty in a timely manner caused the death of your loved one.
- Damages: The defendant’s actions have caused damages and/or financial losses in this case the death of your loved one, and the resulting expenses.
How Do You Start the Process of Filing a Wrongful Death Claim in Georgia?
The first step in filing claims in Georgia is to determine if you’re eligible to file an action for wrongful death. Do you have your name listed in the will of the deceased’s spouse or child or personal representative?
The following step is to discover the way Georgia the wrongful deaths process works. One point to be aware of is that there’s a time period when you must start a wrongful death claim in Georgia. That statute of limitations for filing a wrongful death claim in Georgia is two years.
It is possible to ensure that everything runs smoothly by contacting a Wade Law wrongful death attorney. They’ll handle your case with the care that complex wrongful death lawsuits can be.
The attorney assigned to your case will assist you to know your options, how much you’ll be able to claim in compensation, and how you can obtain it. They will also prepare your case and then advocate for you in court to get the amount you’re entitled to.
What Can a Hampton Wrongful Death Lawyer Do to Assist Me?
Our attorneys can help you with every step of filing a wrongful death claim in Hampton, Georgia.
Investigation
Our lawyers will identify the fault and gather evidence. This will help to establish things like a duty or breach of obligation, damages, or causation.
Drafting and Filing Your Claim
Your attorney will gather all the evidence and details needed to prepare a formal filing. Your attorney will present it to the court and begin the claim. The attorney will prepare an affidavit that provides the most important details, like the party at fault and evidence, as well as the amount you want as compensation.
Discovery and Deposition
Once the lawsuit is commenced in the first instance, you and the at-fault party are able to gather evidence, details, and information about the lawsuit. Following this, the attorney will conduct the deposition, where statements from witnesses are collected prior to the hearing.
Settlement or Trial or Settlement
In some cases, claims may be settled prior to trial. If you and the at-fault party do not agree on the particulars then the next step is to request that the matter be heard by a judge/jury.
What’s the Difference Between an Estate Claim and the Wrongful Death Claim?
Claims for wrongful death in Georgia are civil lawsuits brought by the family of the deceased, seeking punitive damages and an amount of compensation in the event of the death of a loved one. In order to seek financial compensation estate claims are filed through the estate of the deceased to recover the financial losses.
Contact Our Hampton Wrongful Death Lawyers Now
Wade Law has wrongful death attorneys who can assist you to defend the life of someone you love. Although no amount of money can ever replace the value of a person’s life, obtaining compensation for your loss will assist in ensuring that you and your children have the finance you need to get through the day.
To assist you in pursuing a wrongful death case in Hampton, Georgia, get contact us at Wade Law by dialing the number 770-282-1188 today to arrange a free consultation with our wrongful death lawyers to get expert legal advice.
