The loss of a family member is among the most painful experiences that anyone will experience, particularly when it is caused by mistakes or other blunders. In the event that the person who died was the sole breadwinner family member, survivors usually have difficulties moving forward due to the gap. Georgia’s law, as do many states, permits the spouse or the family members of the deceased to be compensated.
Our Fairburn wrongful death lawyers can assist you in filing an action for compensation in the event that you’ve lost your loved one due to the negligence of another. While the loss of life is not fully compensated, however, financial damages can aid your family in obtaining the funds they require to live their lives.
It is important to note that it isn’t easy to file a claim for wrongful death because of the numerous statutes and laws in Georgia. Wade Law can help you to file a successful wrongful death claim against the responsible parties should you decide to pursue a wrongful death case.
Our Fairburn personal injury lawyers are committed to pursuing justice for the families of victims. We’d love to assist you! To set up a no-obligation free consultation with one of our wrongful death, call 770-282-1188.
What Exactly Is Wrongful Death in Georgia?
Georgia law defines “wrongful death” as the death caused by negligence or inadvertent or reckless acts of an individual or entity, or a product or item that was not properly constructed regardless of the degree to which negligence was the cause. In simple terms, wrongful death is the result of the death of a person due to the misconduct or negligence of another entity or person.
- A defective product
- Medical negligence
- Intentional actions (such as criminal acts)
- Incidents that are caused by negligence (such as car crashes).
The only way that the at-fault party is held accountable in the case of wrongful death is through “damages” or the financial compensation that the court requires them to pay to the estate or loved relatives of the deceased. This is the distinction between wrongful death and homicide cases, in which convictions could result in imprisonment or jail time or probation, fines, or other punishments.
Who Can Make a Claim for Wrongful Death in Georgia?
Any person isn’t able to bring an action for wrongful death in the event that they are close to the deceased. The law generally limits the right to file a claim for wrongful death to specific relatives. This law is known as the Georgia Wrongful Death Act.
The law grants the following individuals the right to file a wrongful death claim:
- First, the decedent’s spouse.
- If there’s no spouse, then his or her children;
- If there’s no spouse or children, then his or her living parent(s); and
- If there’s no spouse, children, or parent(s), then his or her estate administrator.
What Damages Can Family Members Claim in a Wrongful Death Lawsuit?
Two kinds of compensation are offered to loved ones and the estate representatives of the deceased:
- Economic Damages: These include the financial loss that is quantifiable, like income loss, lost benefits, funeral costs, etc.
- Non-Economic Damages: These include intangible losses like loss of companionship emotional anguish, grief, and loss of education.
It is possible that you are not the sole recipient of the compensation according to Georgia’s Wrongful Death law states. If there are several beneficiaries, the distribution of the damages could become a bit tangled. This is why it’s recommended to speak with a Fairburn wrongful death who can assist you.
Can the Family Members of the Deceased Seek Punitive damages?
Georgia’s laws on wrongful deaths do not mention punitive damages. Georgia’s courts have applied this law to mean punitive damages are not granted in cases involving loss of life.
Although that’s the case, there are loopholes that could be exploited. Survival actions are an instance that permits victims to pursue punitive damages. Survival actions fall under common personal injury law. The estate of the deceased may bring a personal injury lawsuit where a punitive damages claim could be added.
It’s important to remember that this exemption only applies when the deceased lived for a short time, even if just a few seconds, prior to when they passed away. It is not possible to seek punitive damages in the event that the death was sudden or immediate. The only option is to file a wrongful death claim.
What Evidence Is Used to Prove Negligence in Wrongful Death Cases in Georgia?
The family of the deceased has to demonstrate that the death of the loved one was the result of carelessness, negligence, or malice. Be aware of the following conditions when you’re seeking compensation for wrongful death:
- Duty: The defendant owed the person you loved dearly a duty of care. This means that you must clarify the duties that the defendant was liable for.
- Breach of Duty: The defendant did not fulfill their obligation of care to your loved one.
- Causation: Your loved one died as a result of a breach of duty.
- Damages: The defendant was responsible for harm and/or financial loss, in this instance, your loved one’s death.
What Is the Best Way to Begin a Claim for Wrongful Death in Georgia?
Before filing an action to file a claim in Georgia it is crucial to determine if you’re qualified to file a wrongful death claim. Are you included in the will as the deceased’s spouse, child, or personal representative?
The next step is to understand the way Georgia wrongful death claims work. The first thing to be aware of is that the statute of limitation in Georgia to file claims for wrongful death is two years.
You can make sure that everything goes smoothly by calling a Wade Law wrongful death attorney. They can handle your case in the same way as complicated wrongful death cases can be.
Your Fairburn wrongful death lawyer will outline your rights, how much you can obtain in compensation, and what you have to do. The attorney will draft your case and represent you in court to secure the amount you’re entitled to.
What Can a Fairburn Wrongful Death Lawyer Do to Help Me?
Our lawyers are able to assist you through every step of making a claim for wrongful death.
Investigation
Our lawyers will determine the problem and collect evidence. This makes it simpler to establish things like the breach of duty, obligation, damages, and causation.
Filing a Claim
Your lawyer will collect all the evidence and details needed to create a formal filing. Your attorney will present the file to the court and begin the claim. Your lawyer will draft an affidavit that provides crucial information, including the party at fault and the evidence that is available, and the amount you want as compensation.
Discovery and Deposition
When the lawsuit is filed after the lawsuit is filed, you and the at-fault party will be able to discover specifics of evidence, facts, and proofs regarding your claim. Your lawyer then conducts depositions. Witnesses make their statements prior to the hearing.
Settlement or Trial
In certain cases, disputes may be resolved prior to trial. If you and the party at fault are unable to agree on the specifics the next step is to have the issue considered by a jury or judge.
What’s the Difference Between an Estate Claim and a Wrongful Death Claim?
The claims for wrongful death in Georgia are civil suits filed by the relatives of the deceased in order to collect punitive damages and an amount of compensation in the event of the death of a loved one. In order to seek financial compensation, estate claims are filed through the estate of the deceased to compensate for financial losses.
Call Our Fairburn Wrongful Death for the Best Representation
Wade Law has wrongful death lawyers that can assist you in filing a claim after the loss of someone you cherish. Although no sum of money will ever be able to replace the loss of life, you can seek compensation to help your family members move on.
To discuss your options for a wrongful death claim in Fairburn, contact Wade Law at 770-282-1188 today for a no-cost meeting with one of our wrongful death lawyers.
