When a loved one has been involved in wrongful death, it can be devastating having to deal with the loss that comes after that. If there is a guilty party that has been identified, you may decide to pursue legal action. If this is the case, you will require the services of an experienced wrongful death lawyer to help you with litigation. A Tyrone wrongful death lawyer will help you in filing the claim and represent you should your case go to court.
Dealing with the death of a loved one, especially if it was not anticipated, can be quite devastating. Having a lawyer that you trust is a good way to ensure that you can grieve without feeling overwhelmed with litigation.
Are you looking for an experienced wrongful death lawyer in Tyrone, Georgia? Call Wade Law today and get an experienced and determined wrongful death lawyer to help you with your case. Our personal injury lawyers have been helping clients with wrongful death suits for years and have the necessary experience to represent you adequately.
Book a free case review online or by calling 770-282-1188.
How Is Wrongful Death Defined in the State of Georgia?
Wrongful death refers to death that occurs due to:
- Criminal action, including intentional homicide
- Medical malpractice, for instance, misdiagnosis, surgical errors, medication errors, or medical injuries.
- Deaths caused by defective or damaged products such as drugs, medical devices, appliances, etc.
- Nursing home abuse and neglect
- Engineering malpractice and faulty construction
- Driving under the influence of alcohol or drugs
- Fatal pedestrian accidents
- Illegal/improper alcohol service
- Sanitation issues and contamination in commercial spaces
Who Is Qualified to File a Wrongful Death Claim in Georgia?
Georgia law gives the following people the right to file a wrongful death claim:
- If the deceased was married, their spouse can file for wrongful death.
- If they have no spouse, the surviving child(ren) can file.
- The deceased’s parent(s)
- The executor of the deceased’s estate if no spouse, children or parents survive
What Types of Damages Are Recoverable?
In a wrongful death case in Georgia, the defendant is required to pay damages in two categories;
Economic Damages
These are the financial losses that should be compensated to the deceased person’s estate. They are medical costs, funeral expenses, and any necessary expense resulting from the wrongful death.
Non-Economic Damages
Pain and suffering caused by the wrongful death, loss of enjoyment of life, lost care and companionship, lost benefits, and such.
A wrongful death claim may contain two claims: a full value of life claim and a survival action claim. These can be filed by any of the parties stated above and translates to economic and non-economic damages.
Can Surviving Family File for Punitive Damages?
Surviving family members cannot file for punitive damages. The surviving family can file for the full value of life but not seek punitive damages.
How Do You Prove Negligence in a Wrongful Death Case?
A wrongful death claim has four elements.
Duty
The plaintiff must show that the defendant had a duty of care (meaning that they had an obligation to keep the deceased safe).
Breach of Duty
Once it is proven that the defendant had the duty of care, the lawyer should provide evidence that the defendant breached or failed to provide a safe and secure space, resulting in the death of the person.
Causation
The lawyer has to prove that the defendant was the reason for the death. The lawyer needs to gather evidence that shows the defendant is guilty of directly causing the death of the person.
Damages
The plaintiff must show that the deceased suffered the damages. The lawyer must show evidence of medical expenses, funeral expenses, and any other damages that the plaintiff has filed for. At this point, the jury will decide if the deceased person’s estate suffered the damages and if they should be awarded.
How Do You Start a Wrongful Death Claim in Georgia?
Contact an experienced Tyrone wrongful death lawyer. They will take you through the process of filing the claim to ensure that you do not leave any details out. They will also give you the best legal advice regarding the situation so that you can receive compensation.
You have two years from the date of death to bring forth a wrongful death claim. If the period passes, it is almost always impossible to bring forth the claim.
If the cause of death was a crime, the statute of limitations is not two years as the wrongful death case is suspended until the criminal case is finished. The two-year period starts as soon as the case has been solved.
What Is the Difference Between a Wrongful Death Claim and an Estate Claim?
A wrongful death claim is brought forth by the surviving spouse or family members of the deceased to seek compensation for economic and non-economic damages incurred from the wrongful death of their loved one.
An estate claim is brought forth by the executor of the deceased’s estate and aims to compensate the financial costs incurred by the estate that is associated with the death of the victim.
How Can a Tyrone Wrongful Death Lawyer Help My Case?
Here are some of the ways our team at Wade Law can assist you:
Give Legal Counsel
We understand that this can be a trying time for anybody involved in such a case. It can be overwhelming to start the litigation process when grieving a loved one. We are always prepared to represent you during this difficult time while you mourn your loss. We will help you out with the process of filing your claim to ensure that you get the compensation you deserve.
Value Your Claim
The possible damages that can be recovered vary from case to case. Hiring a lawyer is a good way to ensure that you know the maximum value of your claim. Our lawyers will evaluate the case thoroughly and gather the necessary evidence to show to a jury.
Help You Avoid Mistakes
We can advise you on the actions that can harm your claim and ensure that you do not make errors.
Contact an Experienced Tyrone Wrongful Death Lawyer
If you have lost someone dear to you because of another person’s or entity’s negligence, we can help you uphold your loved one’s rights. At Wade Law, our wrongful death lawyers have been handling wrongful death lawsuits throughout Georgia for many years.
If you seek financial recovery, our compassionate and experienced attorneys are ready to help. Our Tyrone, GA legal team understands that while no amount of money is enough to compensate survivors for a lost life, financial compensation can go a long way in easing the financial burden of surviving members and helping them move on with their lives.
Call 770-282-1188 today for a free case review with an experienced wrongful death attorney from Wade Law!
