The loss of a loved one is among the most painful situations that one can go through, particularly when their death was caused by an individual’s carelessness or negligence. If the deceased was the breadwinner family member, survivors usually have difficulty moving on because of the gap. Georgia’s law, like many states, allows the spouse or family of the deceased to be compensated.
If you have lost a loved one to the negligence of someone else or an entity, our Atlanta wrongful death lawyers can help you pursue a legal claim to receive the financial compensation you and your family deserve. Although death cannot be compensated fully, monetary damages may allow your family to receive the cash they require to continue their lives.
It is worthwhile to mention however that it can be difficult to bring a wrongful death claim due to the multitude of laws and statutes in Georgia. Wade Law can help you to file a successful wrongful-death lawsuit against those responsible for your death if you’re contemplating pursuing a wrongful death claim.
Our Atlanta personal injury attorneys are dedicated to pursuing justice for the victims of pre-mature death and their loved ones. We would love to help you! Get in touch with us today by calling 770-282-1188 for a free, no-obligation consultation with one of our professional lawyers about a wrongful death case.
How Is Wrongful Death Defined in Georgia Law?
Georgia law defines “wrongful death” as the death caused by negligence or reckless, criminal, or careless actions of other people or entities or an item or property that is defectively manufactured, regardless of whether negligence was at play. Simply put, wrongful demise is the loss of someone due to the carelessness or incompetence of another entity or person.
- A defective product
- Medical negligence
- Intentional act (such as being a crime)
- Negligence-based incidents (such as car accidents)
The sole way the at-fault party is held liable in wrongful death cases is through “damages” or money compensation ordered by the court to pay to the estate or loved relatives of the deceased. This is among the primary difference between wrongful death lawsuits and criminal homicide cases, where convictions could result in prison or jail time and fines, probation, and other punishments.
Who Is Eligible to Make a Claim for Wrongful Death in Georgia?
A wrongful death claim cannot be brought by anyone merely because they knew or are associated with the deceased. The legal right to pursue a wrongful demise claim is usually limited by law to certain members of the family of the deceased. Georgia’s Wrongful Death Act outlines who can bring wrongful-death claims in the following manner:
- The first person is the spouse of the decedent;
- If there is no spouse, then the children of that person.
- If there’s no spouse or children then the living parent(s) will be able to file a claim.
- If there’s no spouse, children, or parent(s), then the estate administrator will be the one to file a claim.
What Damages Are the Family of the Deceased Entitled to?
The loved ones or representatives of the deceased’s estate may be able to recover two major types of compensation:
- Economic Damages: This covers any financial losses that are physically measured, such as loss of benefits, income medical expenses, funeral expenses, etc.
- Non-Economic Damages: These include the intangible pains suffered by bereaved families, including sorrow, mental anguish, loss of companionship and training loss of guidance, and others.
There is a chance that you won’t be the sole person who will benefit from the compensation in Georgia, as the Wrongful Death statute stipulates. If there are multiple beneficiaries, the division of damages can become complicated. This is the reason it’s a good idea to contact an Atlanta wrongful death lawyer to help you.
Can the Family of the Deceased File for Punitive Damages?
In Georgia, it is not mentioned of punitive damages within the law governing wrongful deaths. In this regard, judges in Georgia strictly interpret that the law doesn’t allow the award of punitive damages in claims that involve wrongful death.
And while that’s the case, however, there’s an avenue that can be exploited. Families can seek punitive damages when they are involved in an action known as a “survival” action. Since survival actions are governed by common personal injury laws, estates of deceased persons can bring an injury-related claim that includes a punitive damages claim is possible.
However, it is important to keep in mind that this exception is only applicable if there is evidence that the deceased survived only a short amount of time regardless of whether it’s just for only a few seconds before passing away. If their death was instantaneous or sudden, then there’s no basis for seeking punitive damages; the only option that applies for this situation is to file an action for wrongful death.
What Is the Evidence of Negligence in Wrongful Death Cases in Georgia?
The estate of the deceased must establish that the death of their loved ones was the result of inattention, recklessness, or malice. If you plan to pursue the claim of wrongful death, then please note that you will be required to prove these things:
- Duty: The defendant owed your loved one a duty of care when the incident occurred. This means defining the obligations that they owed the decedent.
- Breach of Duty: The defendant was not able to fulfill their obligation of care to your loved one.
- Causation: Your loved one’s death was a result of a breach of duty.
- Damages: The defendant’s actions resulted in damage and/or financial loss, in this case, the loss of your loved one and the resulting expenses.
How Do You Begin the Process of a Claim for Wrongful Death in Georgia?
Before filing an action for compensation in Georgia the first step is to determine if you are eligible for a wrongful death claim. Is your name included in the estate plan of the deceased as their spouse, child, or personal representative?
If yes, the next step is to know how wrongful death lawsuits work in Georgia. The first thing to be aware of is that the statute of limitation in Georgia for filing claims for wrongful death is two years.
You can ensure that everything is running smoothly by contacting a Wade Law wrongful death attorney. They’ll take care of your case the way complex wrongful-death claims can be.
Your lawyer will outline your rights, what damages you can claim, and what you will need to do. Alongside that, he or she will also draft your case and fight for your rights in court to ensure you receive the compensation you deserve.
What Can an Atlanta Wrongful Death Lawyer Do to Help Me?
Our lawyers are able to assist in every step of the process of filing a wrongful death claim in Atlanta, Georgia.
Investigation
Our lawyers will determine the fault and gather evidence. This makes it simpler to prove things such as a duty or breach of duty, damages, and causation.
The Drafting and Filing of Your Claim
Your lawyer will collect the necessary evidence and information to prepare a formal filing. Your attorney will present the file to the court and begin the claim. The paperwork your lawyer prepares outlines important information such as the party at fault describes the evidence that is available and the amount you want in compensation.
Discovery and Deposition
Once the lawsuit has commenced that is when you and the at-fault party will discover the details, evidence, and facts about the claim after which your attorney conducts depositions, where statements from witnesses are gathered before the hearing.
Settlement or Trial
There are instances where claims are settled before they go to trial. If you and the person at fault do not agree on the particulars then the next step is to have the issue heard by a judge/jury.
What Is the Difference Between an Estate Claim and Wrongful Death Claim in Georgia?
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, on the other hand, are brought by the decedent’s estate to recover compensation for financial expenses related to the victim’s death.
Contact Our Atlanta Wrongful Death Lawyers for the Best Help
If you have lost someone close to you because of a reckless or negligent act by another person. Our wrongful death lawyers for wrongful deaths at Wade Law can help you fight to ensure that the demise of your loved one was not wasted. While no amount of money can replace a life and a person, getting compensation for your loss can assist in ensuring that your family and you will have the financial resources you need to live your life.
To discuss the possibility of a wrongful death claim in Atlanta, Georgia, call Wade Law at 770-282-1188 now for a free meeting with one of our lawyers.
