Death awaits us all, but it is not something to disregard when it is caused by another’s negligent, reckless, or malicious actions. Such a fatality amounts to wrongful death, and you have the right to sue those responsible.
At Wade Law, we believe that your departed loved one’s rights are valid and worth fighting for; hence, we are more than happy to be your legal counsel and representatives when pursuing a wrongful death lawsuit. You can call our Sharpsburg offices at (770) 282-1188 to speak to our highly experienced and dedicated Sharpsburg wrongful death lawyer, schedule a free case review, and learn more about our services.
How Is Wrongful Death Defined In The State Of Georgia?
Different circumstances can be linked to wrongful death, and your lawyer must prove this before the court when helping get fair compensation from a wrongful death claim. The laws governing wrongful death have existed in the State of Georgia for more than a hundred years, with amendments made to some of them over the decades. Some of the factors that could give you grounds to file a wrongful death in Georgia include cases like:
i). Abuse and neglect when in the care of an assisted living facility or nursing home
ii). Consumption of contaminated foods and drinks
iii). Use of faulty products like vehicles, electronics, drugs, and devices
iv). Criminal acts such as premeditated murder
v). Road accidents such as DUI collisions and pedestrian accidents
vi). Deaths related to medical malpractice
Who Qualifies To File A Wrongful Death Claim In Georgia?
According to Georgia state wrongful death laws, not everyone that knew the deceased can file a wrongful death. The people eligible to pursue such legal action include the departed’s spouse, biological or adopted kids or relatives, dependent parents, and the beneficiaries listed in the decedent’s will or estate plan.
The law also recognizes the individual(S) the departed appointed as the designated personal representative to oversee his or her estate’s disbursement and transfer of awarded damages in the event of incidents like wrongful death.
The court can also pick a close family member or friend as the deceased’s estate representative. Your wrongful death attorney shall liaise with the personal representative to ensure they are on the same page when fighting for you and your dead loved one’s rights and interests.
What Types Of Damages Are Recoverable?
The court will consider things like the beneficiaries associated with the decedent when determining their eligibility for compensation in a wrongful death lawsuit. Other factors regarding who a beneficiary is related with the departed that the judge or jury will consider regarding the damages awarded include:
- Surviving Spouse can be compensated for lost companionship and support, medical expenses, funeral and burial costs, emotional pain, and suffering.
- The departed’s children qualified to receive compensation for lost parental guidance, provision, and companionship.
- Parents of a minor departed can recover damages associated with the pain and suffering attributed to the untimely death.
- The departed’s estate (all listed beneficiaries) are eligible to recover the decedent’s lost income and other losses as defined in the deceased’s will.
Can The Surviving Family File For Punitive Damages?
According to Georgia State laws, you must verify how you are related to the departed for you or the surviving family to file for punitive damages. It is one of the crucial factors that your Sharpsburg wrongful death lawyer will prove before the court when helping you get fair compensation. The attorney will also strive to show how the accused’s negligent or reckless actions were grossly indifferent and are directly responsible for your loved one’s untimely demise.
How Is Negligence Proved In A Wrongful Death Case?
To ensure that you and your family have a better chance of getting fair compensation, your attorney will investigate the matter and gather evidence that helps prove negligence. We shall pay closer attention to legal facts that are considered when determining liability. Therefore, your Sharpsburg wrongful death lawyer will strive to prove:
(1). That the accused owed your late loved one a duty of care
(2). The accused did not uphold (breached) that duty of care.
(3). The accused’s actions were reckless, negligent, or indifferent and are directly linked to your loved one’s unexpected death.
How Do You Start A Wrongful Death Claim In Georgia?
The laws regarding wrongful deaths can be complicated and challenging, especially when handling a wrongful death lawsuit yourself. It is best to consider working with a reputable, experienced, and dependable wrongful death attorney if you want better chances of recovering damages and seeking justice for your departed family member. Your wrongful death lawyer will consider all the facts when filing the compensation case and ensure the responsible parties are punished.
At Wade Law, we have the best legal minds and other experts in different specialties that are ready to help you and your family seek justice. Get in touch with us as soon as possible and ensure that the wrongful death claim starts on the best footing.
What Is The Difference Between A Wrongful Death Claim And An Estate Claim?
Many people tend to be confused by estate claims and wrongful death cases since the two have a codependent standing. According to Georgia state laws, you are eligible to pursue a wrongful death case as part of an estate claim case or an independent lawsuit. Your lawyer will evaluate the overriding circumstance to determine which course to take.
For instance, the decedent’s family can opt for an estate claim when seeking to recover damages the departed incurred and the family shoulders, including treatment and medications expenses, therapy costs, and burial expenses. Conversely, the family can opt for a wrongful death claim to recover lost consortium, income, and immaterial benefits such as parental love.
Consider Wade Law If You Seek A Reliable Sharpsburg Wrongful Death Lawyer
If you are searching for lawyers known to offer unrivaled legal advice, guidance, and representation, then look no further than Wade Law. We are a firm that prides itself on helping every client that comes to us for help get fair compensation.
Our law experts have years of experience and are fully committed to helping you. We also work closely with other specialists to help us unearth the truth and gather crucial evidence vital in building a robust case when pursuing a wrongful death lawsuit.
Call our office in Sharpsburg, GA, at (770) 282-1188 as soon as possible if you are searching for the best Sharpsburg wrongful death lawyer. You will be connected to an experienced attorney, schedule a free case evaluation, and be informed on the steps you should take to protect your family and departed loved one’s rights and interests.
