The death of a family member is among the most painful situations that one can go through, particularly when their death was the result of someone else’s negligence or wrongdoing. If the deceased was the breadwinner, the survivors often have difficulties moving forward due to the gap. Georgia’s law, like many states, allows the spouse or the family members of the deceased to be compensated.
Our Forest Park wrongful death lawyers can assist you in filing an action for compensation in the event that you’ve lost loved one due to the negligence of another. Although the loss of life cannot be fully compensated, financial damages can help your family get the money they require to sustain their lives.
It is worth noting however that it could be difficult to file a claim for wrongful death because of the numerous laws and statutes that exist in Georgia. If you are considering filing an action for wrongful death in Forest Park, then you must think about contacting Wade Law for the legal assistance and representation that you require to file a successful claim against those who are responsible.
Our personal injury lawyers 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 as well! For a no-obligation, free consultation with one of our lawyers for wrongful death, call 770-282-1188.
How’s Wrongful Death Defined in Georgia?
Georgia law defines “wrongful death” as any death caused due to negligent, reckless, or intentional actions of someone else or an entity or due to a product or property that is defectively manufactured, regardless of whether negligence was the cause. Put simply, wrongful death is when a person loses their life as a result of the legal responsibilities of another person or entity, which is triggered by:
- A defective product
- Medical negligence
- A deliberate act (such as a crime)
- An incident that is based on negligence (such as a car accident)
The sole way the at-fault party is held accountable in wrongful death cases is through “damages,” or an amount of money that the court demands them to pay the estate or loved family members of the deceased. This is among the main differentiators between wrongful deaths as well as criminal homicide, in which convictions could result in jail or prison time and fines, probation, or other penalties.
Who Is Qualified to File a Wrongful Death Claim in Georgia?
Anyone can’t bring a wrongful death claim who is connected to the deceased. Statutes generally limit the rights to file a claim for wrongful death to certain relatives. The following is who can file a claim according to the Georgia Wrongful Death Act:
- The first person with the right to file is the spouse of the decedent.
- If there is no spouse, then the children of that individual have the right.
- If there is no spouse or children, then the living parent(s) can.
- If there’s no spouse, child or parent(s), then the estate administrator may bring a claim.
What Damages Can the Family Claim in a Wrongful Death Lawsuit?
Two types of compensation are offered to the family members and executors of the estate of the deceased:
- Economic Damages: This covers the financial loss that is easily measured, such as loss of benefits, loss of income, funeral expenses, etc.
- Non-Economic Damages: This includes intangible losses, like loss of companionship and grief, mental stress and loss of knowledge.
You may not be the sole person who will benefit from the compensation based on what Georgia’s wrongful death law stipulates. If there are several beneficiaries, the division of the compensation can be a challenge. This is why it’s an ideal idea to talk to a Forest Park wrongful death lawyer for wrongful death and let them assist you.
Is It Possible for the Family of the Deceased to Pursue Punitive Damages?
Georgia’s laws regarding wrongful death do not mention punitive damages. Because of this, judges in Georgia strictly interpret that the law doesn’t permit punitive damages to be awarded in cases related to wrongful deaths.
In spite of that, it’s not the end of the story. There’s an opportunity to be utilized. Victims may seek punitive damages in connection with an action known as a “survival” action. Since survival action falls under the law of common personal injuries, estates of deceased persons can bring an injury claim for personal injuries that includes punitive damages.
It’s important to keep in mind that this exception only applies in cases where there is evidence that the deceased survived for a short time regardless of whether it’s just for a few seconds before passing away. If their death was sudden/immediate and sudden, it’s not possible to pursue punitive damages. The only alternative in this situation is to file a wrongful death claim.
How Can Negligence Be Proved Wrongful Death Cases in Georgia?
To allow the estate or family members to obtain compensation in Georgia, your attorney must demonstrate that the death was the result of negligence, recklessness or malice on the side of the defendant. If you’re planning to file the claim of wrongful death be aware that you’ll have to prove the following:
- Duty: The defendant owed your loved one a duty of care at the time the incident occurred, and that requires a clarification of the duties that they owed the decedent.
- Breach of Duty: The defendant was in breach or failed to fulfill their duty of caring for your loved one.
- Causation: The loved one died as a result of a breach of duty.
- Damages: The defendant’s actions led to financial and/or physical harm, in this instance, the death of your loved one and the resulting expenses.
How Do You Begin Submitting a Wrongful Death Claim in Georgia?
The first step to file a claim in Georgia is to determine whether you are eligible to pursue a claim for wrongful death. Are you listed in his or her estate plan as their spouse, child, or personal representative?
The next step is to find out the process by which Georgia wrongful death cases work. The first thing to know is that the statute of limitation in Georgia for filing claims for wrongful death is two years.
To ensure that everything goes smoothly, the next step to be sure to reach out to an experienced Wade Law wrongful death attorney and let them handle the process for you since wrongful death claims can sometimes be complex.
The attorney who will handle your case will help you discover your options, how much you should seek in compensation, and how you can claim it. They will also prepare your case and will advocate for you in court to get the amount you’re entitled to.
What Will a Forest Park Wrongful Death Lawyer Do for Me?
Our lawyers are able to assist with each step of the process of filing a wrongful death claim in Forest Park, Georgia.
Investigation
Our attorneys will determine who is at fault and collect evidence. This makes it simpler to prove issues such as the breach or duty, obligation, damages, and causality.
Drafting and Filing a Claim
With the evidence and the information required, your lawyer will then start preparing an official document before presenting it to the court. Your lawyer will draft a complaint that contains crucial information, including the at-fault party, the evidence available in the case, and the amount you’re seeking as compensation.
Discovery and Deposition
When the lawsuit is filed, both you and the at-fault party will gather information as well as evidence and facts regarding your claim. The attorney will then conduct depositions. This is where witnesses give their statements before the hearing.
Settlement or Trial or Settlement
In some situations, the claims can be settled before going to trial. But, if you and the other party at fault do not agree, the next viable step is to get the matter considered and decided by a judge or a jury.
What Is the Difference Between an Estate Claim and a Wrongful Death Claim?
The claims for wrongful death in Georgia are civil suits filed by the families of the deceased, seeking punitive damages and an amount of compensation in the event of the death of a loved ones. To seek financial damages, estate claims are brought through the estate of the deceased to seek compensation for the financial loss.
Get in Touch With Our Forest Park Wrongful Lawyers
Wade Law has wrongful death lawyers who can help you to fight for just after the loss of someone you cherish. And while no amount of money can replace a life, claiming compensation for your loss will assist in ensuring that you and your family will have the financial resources you need to continue living your life.
If you are thinking of pursuing a wrongful death case in Forest Park, Georgia, get in touch with us at Wade Law by dialing 770-282-1188 today to set up a free consultation with our experienced wrongful death attorneys for expert legal counsel.
