The death of a loved one in the family is one of the most difficult experiences anyone can go through, especially when it is caused by carelessness or any other mistake. In the event that the person who died was the breadwinner and the family members suffer, they often face difficulties moving forward due to the gap. But similar to the case in many states, Georgia law offers a way through which the family or spouse will be able to receive compensation for their loss.
Our Warner Robins wrongful death lawyers will assist you with filing an action for compensation in the event that you’ve lost a loved one because of the negligence of someone else. While the loss of life can’t be completely compensated, obtaining monetary damages can help you and your family obtain the funds needed to move on with life.
It is worthwhile to mention that it can be difficult to bring a wrongful death claim because of the various laws and statutes in Georgia. Wade Law can help you to file a successful wrongful death lawsuit against those responsible in the event that you’re thinking of pursuing the possibility of a Warner Robins wrongful death lawsuit.
Our personal injury lawyers are committed to pursuing justice for those who suffer from premature death as well as their families. We’d like to help you! Contact us now by calling 770-282-1188 to set up a no-cost consultation, without obligation with one of our professional lawyers for wrongful deaths.
How Is Wrongful Death Defined in Georgia?
Georgia law defines the term “wrongful death” as the death of an individual caused by the negligent or criminal, intentional reckless or careless acts by another entity or person or due to a property or product that was manufactured in a way that was defective, irrespective of whether it was the result from the negligence of another or not. Put simply, wrongful death is when someone dies in the course of their life as a result of the legal responsibilities of another entity or person, including due to:
- A defective product
- Medical malpractice
- A deliberate act (such as being a crime)
- Accidents involving negligence (such as car accidents)
In the case of wrongful deaths, the at-fault’s liability is solely expressed in terms of “damages” or the amount of money that the court orders the at-fault party to pay to the decedent’s estate or family. This is the main difference between wrongful death and criminal homicide cases, where convictions can lead to imprisonment or jail time as well as fines, probation, or other penalties.
Who Is Eligible to File a Wrongful Death Claim in Georgia?
It is not possible to file an action for wrongful deaths if they know or are close to the deceased. The laws generally limit the right to file a claim for wrongful death to specific members of the family. This law is known as the Georgia Wrongful Death Act. The law outlines who has the right to file a claim, in order:
- First, the spouse of the deceased;
- If there’s no spouse, the deceased’s children.
- If there’s not a spouse or children, the living parent(s) have the right to file.
- If there isn’t a spouse, child, or parent(s), then the estate administrator.
What Kind of Damages Can the Family Get From a Wrongful Death Claim?
The loved ones or representatives of the deceased person’s estate are entitled to two primary types of compensation:
- Economic Damages: This covers the financial loss that is physically measured, such as loss of benefits, income, medical expenses, funeral expenses, etc.
- Non-Economic Damages: These are the intangible losses suffered by bereaved families, including emotional anguish, grief, loss of friendship loss of education, loss of direction, and so on.
It is possible that you are not the sole person who will benefit from the compensation, as Georgia’s Wrongful Death statute states. If there are several beneficiaries, the allocation of damages can become complicated. This is why it’s recommended to speak with a Warner Robins wrongful death lawyer who can assist you.
Can Family Members of the Deceased File for Punitive Damages?
Georgia’s laws regarding wrongful death do not mention punitive damages. Georgia’s courts have applied the law in a way that suggests punitive damages cannot be granted in cases involving wrongful death.
However, even though this is the case, there are still legal loopholes that are able to be exploited. Victims are able to seek punitive damages for something known as a survival action. Since survival action falls under the common personal injury laws, the decedent’s estate can pursue personal injury claims where punitive damages claim could be added.
It’s important to keep in mind that this exception 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 Is the Way to Prove Negligence in Wrongful Death Cases in Georgia?
In order for the estate of the deceased or the family members to receive compensation in Georgia, they have to demonstrate that the death of their loved one was the result of recklessness, negligence, or malice on the side of the defendant. If you are planning to pursue a wrongful death claim and you are interested in pursuing wrongful death claims, please be aware that you’ll need to prove these things:
- Duty: The defendant owed your loved one a duty of care in the incident. This means that you must clarify the obligations that the defendant was liable for.
- Breach of Duty: The defendant breached or failed to provide taking care of your loved one.
- Causation: The failure to perform the duty in a timely manner resulted in the death of your loved one.
- Damages: The defendant caused harm or financial losses, in this case, the death of your loved one and the resulting expenses.
How Do You Start the Process of a Wrongful Death Claim in Georgia?
Before filing a claim in Georgia, it is important to determine if you are eligible for a wrongful death claim. Are you listed in the estate plan as the spouse or child or as a personal representative?
The next step is to learn the way Georgia the wrongful deaths process works. The first thing to note is that there’s a time limit to when you should submit a wrongful death claim in Georgia. The time limit for filing the claim for wrongful death in Georgia is two years.
You can ensure everything runs smoothly by contacting a Wade Law wrongful death attorney. They’ll take care of your case in the same way as complicated wrongful death lawsuits can be.
The attorney assigned to your case will help you understand your options, how you can get compensation, and the best way you can get it. Apart from that, he or she will also prepare your case and fight for your rights before the court in order to ensure that you receive the compensation you deserve.
What Can a Warner Robins Wrongful Death Lawyer Do for Me?
Our attorneys are here to help through each step of making a claim for wrongful death in Georgia.
Investigation
Our lawyers will find the problem and collect evidence. This allows you to establish a duty of care and breach of duty damages and the causation.
How to Draft and File a Claim
With the evidence and evidence required, your lawyer will begin preparing an official document before presenting it to the court to officially start the claim. The document your lawyer submits contains important details such as the at-fault party, provides the evidence available, and states the amount you want in compensation.
Discovery and Deposition
Once the lawsuit has been filed at the time of the filing, both you and the at-fault party will gather information, evidence and facts about your claim. Your attorney then conducts the deposition. The deposition is when witnesses are asked to make statements in front of the hearing.
Settlement or Trial
In some instances, claims could be settled prior to trial. However, if you and the party at fault do not agree, the next option is to have the matter considered and decided by a judge or a jury.
What Is the Difference Between an Estate Claim and a Wrongful Death Claim?
In Georgia, wrongful death lawsuits are civil claims that are brought by grieving family members seeking punitive damages, as well as compensation for the worth of their loved one’s life. Estate claims however are filed by the deceased’s estate to seek damages to cover the financial burdens that result from the death of the victim.
Get in Touch With Our Warner Robins Wrongful Death Lawyers
If you have lost someone who was dear to you due to the malicious or negligent acts of another person, the wrongful death lawyers at Wade Law can help you fight to ensure that there is justice for the passing of your loved one. Although no amount of money will ever make up for the loss of a loved one’s life, you can seek compensation that will help you and your family members move on.
If you require assistance with a wrongful death case in Warner Robins, Georgia, get in touch with us today at Wade Law by calling 770-282-1188 to set up an initial consultation with one of our professional wrongful death attorneys for legal advice from an expert.
