The loss of someone you care about can be tragic and overwhelming. This experience could be painful and traumatic if another party’s negligence caused their death. If you’ve lost a loved one due to someone else’s careless actions, you deserve justice. A Brooks wrongful death lawyer can help you ensure all at-fault parties are held accountable for their actions.
At Wade Law, we take every wrongful death case in Brooks, GA seriously. Our legal team has over 60 years of combined experience. Call our personal injury lawyers at 770-282-1188 now for a free case review. We are available 24/7!
How Is Wrongful Death Defined in the State of Georgia?
In Georgia, wrongful death is defined as loss of life due to a party’s negligent, reckless, criminal, or intentional actions. These actions or inactions may be from an individual or an organization. Failing to exercise reasonable care may result in your loved one’s wrongful death in Brooks, GA.
The Wrongful Death Act in Georgia has existed for more than a century. Over the years, various addendums have been added to it. Under the act, there are various possible legal grounds that Georgia families can use to file wrongful death claims, including:
- Neglect and abuse of residents in nursing homes
- Criminal actions such as intentional murder and manslaughter
- Defective products, including medical devices, toys, electronics, and pharmaceutical drugs, can lead to wrongful death.
- Engineering malpractice claims
- Driving while impaired by illicit substances or alcohol
- Pedestrian fatalities from traffic accidents
- Medical malpractice, including prescribing wrong medications, misdiagnosis, operating on the wrong body part, and unnecessary surgery.
- Wrongful death due to contaminated foods and drinks or other sanitation issues in commercial establishments.
- Illegal or improper alcohol service
No amount of money can bring back your loved one. Still, you deserve justice if you’ve lost someone you care about due to another person’s negligence. An experienced Brooks wrongful death lawyer at Wade Law can advise you if you have a wrongful death case.
Who Is Qualified to File a Wrongful Death Claim in Georgia?
In Georgia, not everyone qualifies to file a wrongful death claim. Only specific parties are allowed to seek damages for wrongful death claims in Georgia. Best friends certainly can’t file these claims when they lose someone they care about.
The decedent’s spouse is the first party eligible to file a wrongful death claim. They are entitled to a settlement of no less than a third of the compensation. Surviving children and parents also qualify to file a wrongful death claim.
The personal representative of the decedent’s estate can also file a wrongful death claim. This individual may be an administrator or a family member. If this representative wins the claim, the compensation will be awarded to the estate of the victim for use by the next of kin following Georgia’s intestate succession laws.
What Types of Damages Are Recoverable?
In Brooks, Georgia, you may be entitled to various damages after a successful wrongful death claim. You can file a claim to recover compensation for your loved one’s “full value of life.” This is usually done by the surviving family members. In this claim, you can recover damages such as loss of companionship and lost income.
The decedent’s estate representative or the surviving family can file a claim to recover financial losses. This claim can recover damages such as medical bills and funeral expenses after a wrongful death.
At Wade Law, our reliable wrongful death attorneys in Brooks, GA, are ready to help you secure the compensation you deserve. We will conduct a comprehensive investigation into your case to determine the value of your claim as well as liability.
Can the Surviving Family File for Punitive Damages?
Punitive damages aren’t awarded in every wrongful death claim. In Georgia, these damages may be awarded by a judge or jury in the event the defendant’s actions are considered grossly reckless, negligent, or malicious. To prove negligence, you require the legal prowess of a seasoned Brooks wrongful death attorney from Wade Law.
How Is Negligence Proved in a Wrongful Death Case?
In order for you to win a wrongful death claim, you must prove the defendant’s negligence. An experienced wrongful death lawyer near Brooks will use the following elements to prove negligence in your case:
- Duty: Did the defendant owe the plaintiff a legal duty of care?
- Breach: Did they breach that duty by acting in a manner that any reasonable person wouldn’t have?
- Damage: Did the plaintiff suffer any damages due to this breach?
- Causation: Did the defendant’s actions lead to the death of your loved one?
How Do You Start a Wrongful Death Claim in Georgia?
In Georgia, you must file your wrongful death claim within two years. It’s important to contact Wade Law before this time limit runs out. The legal team at our reputable law firm near Brooks, GA, will determine if you have a case.
We will gather and analyze all relevant pieces of evidence to prove fault. Once we establish liability, we will file a wrongful death claim against the responsible party. Our lawyers will also determine the value of your case.
What Is the Difference Between a Wrongful Death Claim and an Estate Claim?
A wrongful death claim in Georgia aims to recover the full value of the life of the deceased. A judge and jury will have to determine this figure. The decedent’s spouse and surviving children may receive compensation for damages, including loss of consortium and loss of companionship.
In an estate claim, surviving members of the family may receive compensation for funeral expenses, medical bills, and pain and suffering. The estate can also file for punitive damages in a Brooks wrongful death claim.
Schedule a Free Case Review With Our Brooks Wrongful Death Lawyers
It’s impossible to bring your loved one back after a tragic death. You may be in shock and confusion after the death of your loved one. If the negligent actions of another person have led to the death of someone you care about, you may have legal recourse. You deserve justice!
Contact the Wade Law team today at 770-282-1188 to get started. We are ready to answer any questions that you may have. Our attorneys are ready to help you with all aspects of your case. Remember, you pay nothing unless we win.
