A family member’s death is among the most difficult experiences anyone can go through, especially in the event of inattention or some other cause. If the deceased was the breadwinner, those left behind often struggle to move on with life due to the gap they left. Georgia’s law, as do many states, permits the spouse or family of the deceased to receive compensation.
Our McDonough wrongful death lawyers will help you file a claim for compensation if you’ve lost a loved one because of the negligence of someone else. Although death cannot be compensated fully, monetary damages could allow your family to receive the funds they require to continue their lives.
It is important to note that filing a wrongful death claim can be a challenge due to the various laws and statutes that govern cases of wrongful deaths in Georgia. If you’re thinking of filing an action for wrongful death, it is a good idea to contact Wade Law for the legal counsel and representation you need to file a successful claim against those who are responsible.
Our McDonough personal injury attorneys have a passion for obtaining justice for all those who’ve been prematurely robbed of their loved ones. We’d love to help you as well! Contact us right now by calling 770-282-1188 to set up a no-cost, no-obligation consultation with one of our professional wrongful death attorneys.
How’s Wrongful Death Defined in Georgia?
Georgia law defines wrongful death as the death of a person that results from careless, criminal, deliberate, or reckless acts by another entity or person or due to a property or product that was defectively manufactured regardless of whether the death was a result of negligence or not. Put simply, wrongful death is when a person loses their life due to the legal fault of another individual or entity, such as the following:
- A defective product
- Medical malpractice
- Intentional acts (such as being a crime)
- A negligent incident (such as a car accident)
The only way that the at-fault party is held accountable in wrongful death cases is through “damages” or the money compensation ordered by the court to pay to the estate or loved family members of the deceased. This is among the most significant distinctions between wrongful death cases and criminal homicide, in which convictions could lead to the possibility of jail or prison time as well as fines, probation, and other penalties.
Who Is Eligible to File a Wrongful Death Claim in Georgia?
Any person isn’t able to bring a wrongful death claim when they are associated with the deceased. The law generally limits the right to file a wrongful death claim to certain members of the family. Georgia’s Wrongful Death Act outlines who can bring wrongful death claims in the following manner:
- The first person eligible is the spouse of the person who died;
- If there isn’t a spouse, then the children of the person can file a claim.
- If there’s no spouse or children, then the living parent(s) have the right.
- If there’s no spouse, children, or parent(s), then the right goes to the estate administrator.
What Damages Can the Family Recover From a Wrongful Death Claim?
The relatives or the representatives of the deceased’s estate can seek two main kinds of compensation:
- Economic Damages: These are the financial loss that is physically measured, such as loss of benefits, income, medical expenses, funeral expenses, etc.
- Non-Economic Damages: These cover the intangible loss suffered by bereaved families, including emotional anguish, grief, loss of friendship, loss of education, loss of guidance as well as other losses.
It’s important to remember that, according to Georgia’s Wrongful Death Statute it is possible that you are not the only beneficiary of the sum offered as compensation. If there are several beneficiaries, the division of the compensation can be a challenge. This is why it is a good idea to contact a McDonough wrongful death lawyer to help you.
Can the Family of the Deceased File for Punitive Damages?
Georgia’s laws regarding wrongful death do not mention punitive damages. Due to this, the courts in Georgia strictly interpret that the law prohibits the award of punitive damages in lawsuits that involve wrongful death.
And while that’s the case, there is still an opportunity to be used. A survival action is one type of lawsuit that permits victims to seek punitive damages. Because survival actions fall under common personal injury laws, estates of deceased persons can bring an injury-related claim that includes a punitive damages claim can be included.
It is important to note that this exception only applies in cases where the deceased was alive for a time (even just a few seconds) prior to when they passed away. It is not possible to seek punitive damages if the death was sudden or instantaneous. The only option is to file a wrongful death claim.
What Is the Way to Prove Negligence in Wrongful Death Cases?
For the deceased person’s estate or their family to be able to claim compensation in Georgia, they have to demonstrate that the death of their loved one was the result of negligence, recklessness, or malice on part of the defendant. Take note of the following rules for looking to pursue a wrongful-death lawsuit:
- Duty: The defendant owed your loved one a duty of care in the situation. This means that you must clarify the duties the deceased had.
- Breach of Duty: The defendant failed to perform their duty of care to your loved one.
- Causation: The negligence directly caused the death of your loved one.
- Damages: The defendant’s actions caused damages and/or financial losses, in this case, the loss of your loved one and the subsequent expenses.
How Do You Start the Process of Filing a Wrongful Death Claim in Georgia?
The first step for filing an action in Georgia is to determine if you’re eligible to pursue a claim for wrongful deaths. Is your name included in his or her estate plan as the spouse, child, or personal representative?
The next step is to find out the way Georgia the wrongful deaths process works. One aspect to consider is that there’s a restriction on when you are able to file a wrongful death claim in the state of Georgia. The statute of limitations to file a wrongful death claim in Georgia is two years.
For you to make sure that things run smoothly the next step to make is to contact an experienced Wade Law wrongful death attorney and let them handle the process for you as wrongful death claims can sometimes be complex.
Your lawyer will explain your rights, what damages you can file for, and what you have to do. They will also prepare your case and will advocate for you in court in order to obtain the amount you’re entitled to.
What Can a McDonough Wrongful Death Lawyer Do to Assist Me?
Our lawyers can help you in every step of making a claim for wrongful death in McDonough, Georgia.
Investigation
Our lawyers will decide the person who is accountable and then gather evidence. This makes it simpler to prove issues such as an obligation or breach of duty, damages, and the causation.
Drafting and File a Claim
Your attorney will gather all the evidence and details needed to prepare a formal filing. Your attorney will present the file to the court and officially start the claim. Your attorney will prepare an answer that includes important information, such as the party at fault, the evidence available, as well as the amount you’re seeking as compensation.
Discovery and Deposition
Once the lawsuit has been filed, both you and the responsible party will learn about details that provide evidence and details about your claim. The attorney will then conduct the deposition. This is the time when witnesses provide their testimony prior to the hearing.
Settlement or Trial
In some cases, claims are settled before they ever need to be tried in court. However, if you and the at-fault party cannot agree, then the next option is to have the matter heard and determined by a jury or judge.
What’s the Difference Between an Estate Claim and a Wrongful Death Claim?
In Georgia, wrongful death claims are civil lawsuits that are brought by grieving family members to pursue punitive damages and compensation for the value of their loved one’s existence. Estate claims, however, are filed by the deceased’s estate to recover damages to cover the financial burdens that result from the death of the victim.
Get in Touch With our McDonough Wrongful Death Lawyers
If you’ve lost someone who was dear to you as a result of the malicious or negligent acts of another person, the wrongful death attorneys at Wade Law can help you fight to ensure that the death of your beloved one was not in vain. And while no amount of money can substitute for a lifetime, claiming compensation for the loss you suffered can make sure that you and your children have the money you need to live your life.
To discuss a wrongful death claim in McDonough, Georgia, contact Wade Law at 770-282-1188 now for a free meeting with one of our experienced attorneys.
