Milledgeville Wrongful Death Lawyer

The loss of a family member is amongst the most difficult circumstances that anyone could experience particularly when the death was caused by the negligence of another or wrongdoing. In cases where the deceased was the primary breadwinner, the survivors often struggle to move forward due to the gap that they left. But Georgia’s law, as is common in other states, gives a method by which the bereaved family or spouse can receive compensation in the event of their loss.

If you have lost someone you love to the carelessness of another person or entity, our Milledgeville wrongful death lawyers can assist you in pursuing the wrongful death claim in order in order to secure the compensation you and your family deserve. While the loss of life can’t be fully compensated, however, financial damages can help your family get the cash they require to carry on their lives.

However, it’s important to remember that pursuing a wrongful death claim can be difficult because of the numerous statutes and laws which govern wrongful death claims in Georgia. Wade Law can help you to file a successful wrongful-death lawsuit against those responsible if you’re considering pursuing the possibility of a wrongful death claim.

Our Milledgeville personal injury attorneys are devoted to seeking justice for those who’ve been unfairly robbed of loved ones and would like to help you too! Contact us now at 770-282-1188 for a free, no-obligation consultation with one of our professional wrongful death attorneys.

Table of Contents

What Is Wrongful Death in Georgia?

Georgia law defines “wrongful death” as any death that is caused by the negligent, criminal, inadvertent, or reckless conduct of another person or entity or an item or property that was defectively made regardless of the degree to which negligence was involved. Simply put, a wrongful loss is when someone loses their life due to the legal responsibilities of another entity or person, including due to:

  • A defective product
  • Medical negligence
  • Intentional actions (such as being a crime)
  • Accidents involving negligence (such as a car crash)

In wrongful death cases, the at-fault’s liability is only expressed in terms of “damages” or cash compensation that the court directs the at-fault to pay the estate of the deceased or their family. This is the difference between wrongful death and homicide cases, where convictions could result in prison or jail time and fines, probation, or other punishments.

Who’s Qualified to File a Wrongful Death Claim Within Georgia?

It is not possible to file an action for wrongful deaths in the event that they are associated with the deceased. The legal right to pursue a wrongful demise claim is generally restricted 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, the children of the deceased.
  • If there’s no spouse or children, then to his or her living parent(s) or
  • If there is no spouse, child, or parent(s), then his or her estate administrator.

What Kind of Damages Can the Family of the Deceased Claim?

The family members or representatives of the deceased person’s estate are entitled to two primary types of compensation:

  • Economic Damages: This includes the financial loss that is physically quantifiable, like income, benefits funeral expenses.
  • Non-Economic Damages: These include the intangible pains suffered by the bereaved such as grief, mental trauma, loss of friendship and training loss of direction as well as other losses.

It’s important to know that under Georgia’s Wrongful death statute there is a chance that you won’t be the only beneficiary of the amount offered as compensation. If there are multiple beneficiaries, the division of damages offered tends to be complicated, and that’s why it is advised to make contact with an expert Milledgeville wrongful death lawyer and let them manage the process for you.

Can the Family of the Deceased File for Punitive Damages?

In Georgia, there’s no mention of punitive damages when it comes to laws governing wrongful deaths. Georgia’s courts have applied the law in a way that suggests punitive damages will not be awarded in cases that involve the wrongful death of a person.

Although that’s the case, however, there are ways to exploit loopholes. A survival action is a type of lawsuit that allows victims to seek punitive damages. Survival actions fall under common personal injury law. The estate of the deceased may initiate a personal injury claim that includes a punitive damage claim can be included.

But it’s important to note that this exemption is only applicable if there’s evidence that shows that the deceased survived for a short time even if it was only for just a few seconds before dying. It is not possible to seek punitive damages if the death was sudden or instantaneous. The only option is to bring a wrongful death claim.

Older woman crying, Milledgeville wrongful death lawyer concept

What Is the Evidence of Negligence in Wrongful Death Cases in Georgia?

The family of the deceased must be able to prove that the death of their loved ones was the result of negligence, recklessness, wrongdoing. If you intend to pursue a wrongful death claim take note that you’ll need to prove the following things:

  • Duty: The defendant owed the person you loved dearly a duty of care for the incident. This means you have to define the obligations that the defendant had to fulfill.
  • Breach of Duty: The defendant breached or failed to perform their obligation of taking care of your loved one.
  • Causation: The violation of duty directly caused the death of your loved one.
  • Damages: The defendant’s actions led to financial and/or physical harm, in this instance, the loss of your loved one and the expenses that followed.

How Do You Begin Filing a Claim for Wrongful Death in Georgia?

The first step to filing claims in Georgia is determining if you are eligible to pursue an action for wrongful death. Do you have your name in the deceased’s estate plan as their spouse or child or personal representative?

The next step is to understand what Georgia wrongful death cases work. One important thing to remember is that there’s a period when you must make a claim for wrongful death in the state. The time limit for filing a wrongful death claim in Georgia is two years.

It is possible to ensure that everything runs smoothly by getting in touch with a Wade Law wrongful-death attorney. They can handle your case with the care that complex wrongful death claims can be.

Your lawyer will outline your rights, the steps you can do to get it, and what you need to do. He or she will then prepare your case and will advocate for you in court to get the compensation you’re entitled to.

How Can a Milledgeville Wrongful Death Lawyer Assist Me?

Our lawyers are able to assist through each step of filing a wrongful death claim in Milledgeville, Georgia.

Investigation

Our lawyers will pinpoint the cause and gather evidence. This will allow us to prove things such as an obligation or breach of obligation, damages, or causality.

How to Draft and File a Claim

In addition to the proof and the information needed, your attorney will begin preparing a formal filing before presenting it to the court to officially start the claim. The document your lawyer submits outlines important information such as the at-fault party, the evidence available, and the amount you are seeking in compensation.

Discovery and Deposition

After the lawsuit is commenced at the time of the filing, both you and the at-fault party will discover details as well as evidence and facts regarding your claim. The attorney will then conduct depositions. Witnesses make their statements prior to the hearing.

Settlement or Trial or Settlement

In some cases, claims could be settled prior to going to trial. If you and the at-fault party do not agree, the next step to take is to have the case heard and determined by a juror or judge.

What’s the Difference Between an Estate Claim and Wrongful Death Claim?

The claims for wrongful death in Georgia are civil lawsuits filed by the family of the deceased to seek punitive damages and compensation for the loss of a loved one. To pursue financial damages estate claims are filed through the estate of the victim’s deceased relative to seek compensation for the financial loss.

For the Most Effective Representation, Contact Our Milledgeville Wrongful Death Lawyers

Wade Law has wrongful death lawyers that can assist you to defend the life of someone you love. Although nothing can ever be able to replace the loss of life, you can receive compensation that will help you and your family cope with the loss.

To assist you in pursuing a wrongful death claim in Milledgeville, Georgia, contact us at Wade Law by dialing 770-282-1188 today to set up a free consultation with one of our expert wrongful-death attorneys for professional legal counsel.