A family member’s death is among the most difficult things anyone can go through, especially if it was caused by inattention or some other cause. When the breadwinner dies, the survivors often have a difficult time moving on with life due to the gap they left. But the law in Georgia, as is common in other states, provides a means through which the grieving family or spouse can receive compensation for their loss.
Our Lovejoy wrongful death lawyers will help you file a claim for compensation if you’ve lost a loved one due to the negligence of another. While the loss of life can’t be compensated fully, receiving monetary damages can help you and your family receive the funds you require to continue living your life.
But, it’s important to know that pursuing a wrongful death claim can be tricky due to the many statutes and laws that govern wrongful death cases in Georgia. Wade Law can help you in bringing a successful wrongful deaths lawsuit against those responsible in the event that you’re thinking of pursuing the possibility of a Lovejoy wrongful death lawsuit.
Our personal injury attorneys dedicate themselves to seeking justice for the victims of premature death as well as their families. We’d love to help you! Get in touch with us at 770-282-1188Â to set up a no-cost and no-obligation meeting with one of our experienced wrongful death attorneys.
What Is Considered Wrongful Death in Georgia?
Georgia law defines the term “wrongful death” as the death of an individual caused by the negligent, criminal, intentional, reckless, or malicious acts by another entity or person or by a product or product that was manufactured in a way that was defective, irrespective of whether the death was a consequence from negligence or not. Put simply, wrongful death is the loss of a person’s life due to the legal responsibilities of another person or entity due to:
- A defective product
- Medical negligence
- A deliberate act (such as a crime)
- Incidents that are caused by negligence (such as car crashes)
In wrongful death cases, the at-fault party’s liability is exclusively expressed in terms of “damages” or cash compensation that is imposed by the court to the at-fault to pay the estate of the deceased or his family. This is among the main differentiators between wrongful deaths and criminal homicide cases where convictions could lead to imprisonment, probation, fines, and other penalties.
Who’s Eligible to File a Wrongful Death Claim in Georgia?
Anyone can’t bring an action for wrongful deaths who is related to the deceased. The right to pursue a wrongful demise claim is usually limited by statutes to specific members of the deceased’s family. Georgia’s Wrongful Death Act outlines who can file wrongful death claims as follows:
- The spouse of the deceased
- If there is no spouse, then the children of that individual.
- If there’s no children or spouse, the living parent(s).
- If there is no spouse, children or parent(s), or parent(s), then the estate administrator.
What Kind of Damages Can the Family Recover in a Wrongful Death Claim?
The relatives or the representatives of the deceased’s estate may be able to recover two major kinds of compensation:
Economic Damages
This includes financial losses that can be calculated such as loss of benefits, income funeral expenses, etc.
Economic Damages
These are the intangible losses suffered by the grieving, like grief, mental trauma, loss of friendship loss of education, loss of direction, and so on.
It’s worth noting that as per Georgia’s Wrongful death law, you may not be the sole beneficiary of the amount offered as compensation. If there are multiple beneficiaries, the division of damages offered is usually a complex process, which is why you are advised to make contact with an expert Lovejoy wrongful death lawyer and let them manage the process for you.
Can the Family of the Deceased File for Punitive Damages?
In Georgia, there is no mention of punitive damages within the law governing wrongful deaths. Georgia’s courts have interpreted this law as meaning that punitive damages cannot be granted in cases involving wrongful death.
However, even though this is the case, there are still ways to exploit loopholes. A survival action is one type of lawsuit that permits victims to seek punitive damages. Since survival action falls under common personal injury laws, the estate of the deceased may pursue personal injury claims that include a punitive damages claim is possible.
But it’s important to keep in mind that this exception only applies when there’s proof that the deceased survived only a short amount of time even if it was only for only a few seconds before dying. If the death was immediate or sudden, then there’s no basis to seek punitive damages. the only option that applies, in this case, is to pursue a wrongful death claim.
What Is Considered Evidence of Negligence in Wrongful Death Cases in Georgia?
The estate of the deceased should be able to prove that the death of the loved one was caused by negligence, recklessness, or malice. If you plan to pursue an action for wrongful death, please be aware that you’ll need to prove the following things:
- Duty: The defendant owed our loved one a duty of care when the incident happened, and this requires clarification of the duties the defendant owed the decedent.
- Breach of Duty: The defendant did not or was unable to uphold their duty of caring for your loved one.
- Causation: The breach of duty directly caused the death of your loved one.
- Damages: The defendant’s actions resulted in damages and/or financial losses, in this case, the death of your loved one, and the expenses that followed.
How Do You Start the Process of Making a Claim for Wrongful Death in Georgia?
Before you file an action for compensation in Georgia it is crucial to determine if you’re qualified to file a wrongful death claim. Is your name included in the deceased’s estate plan as the spouse, child, or personal representative?
The next step is to find out what Georgia wrongful death lawsuits work. The most important thing to remember is that there’s a time period when you must file a wrongful death claim in Georgia. The time limit for filing a wrongful death claim in Georgia is two years.
You can make sure that everything goes smoothly by getting in touch with a Wade Law wrongful death attorney. They’ll take care of your case the way complex wrongful-death cases can be.
The lawyer you hire will be able to explain your rights, what you can seek in compensation, and what you’ll need to do. Apart from that, he or she will also prepare your case and defend your rights in court to ensure that you get the compensation you deserve.
How Can a Lovejoy Wrongful Death Lawyer Help Me?
Our lawyers can assist you throughout the process of making a claim for wrongful death in Lovejoy, Georgia.
Investigation
Our lawyers will determine who is accountable and will gather evidence. This makes it simpler to prove things such as the breach of obligation, damages, or causation.
Drafting and Filing Your Claim
With the evidence and evidence required, your lawyer will begin preparing the formal filing and present it to the court, beginning the claim. The attorney will prepare an answer that includes the most important details, like the at-fault party, the evidence available in the case, 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 learn about details as well as evidence and facts regarding your claim. The attorney will then conduct a deposition. The deposition is when witnesses make their statements prior to the hearing.
Settlement or Trial or Settlement
In some instances, claims may be settled before going to trial. If you and the party at fault cannot agree on the details then the next step is to get the case decided by a judge or jury.
What Is the Difference Between an Estate Claim and a Wrongful Death Claim?
Claims for wrongful death in Georgia are civil lawsuits brought by the loved ones of the deceased to recover punitive damages and an amount of compensation in the event of the death of their loved ones. To pursue financial damages estate claims are brought by the estate of the victim in order to recuperate financial losses.
Contact Our Lovejoy Wrongful Death Lawyers for the Best Help
If you’ve lost someone close to you due to the wrongful or negligent actions of another person, the wrongful death attorneys at Wade Law can help you fight to ensure that the demise of your loved one wasn’t in vain. And while no amount of money can replace a life, however, receiving compensation for your loss could assist in ensuring that you and your family have the finance you need to live your life.
For a discussion of your wrongful death claim, contact Wade Law at 770-282-1188 now for a free meeting with one of our Lovejoy, Georgia attorneys.
