The loss of a family member is one of the most challenging situations that one can go through particularly when their death was the result of another person’s negligence or wrongdoing. In the event that the person who died was the sole breadwinner those who survived often experience difficult times moving on due to the gap. The law in Georgia, like many states, allows spouses or relatives of the deceased to be compensated.
If you’ve lost someone you love to the carelessness of another person or entity, our Morrow wrongful death lawyers will assist you with a wrongful death claim to get the money you and your family deserve. Although no compensation can make up for the loss of life, financial damages can assist your family members in getting the funds they require to carry on their lives.
It is important to note that pursuing a wrongful death claim can be a challenge due to the many statutes and laws which govern wrongful death claims in Georgia. Wade Law can help you file a successful wrongful death case against the people responsible in the event that you’re thinking of pursuing claims for a Morrow wrongful death lawsuit.
Our personal injury attorneys are devoted to seeking justice for all those who’ve been victimized by the premature loss of their loved ones. We’d love to help you as well! Contact us at 770-282-1188 for a free appointment, with no obligation, with one of our professional legal representatives for wrongful death.
What Is Wrongful Death in Georgia?
Georgia law defines “wrongful death” as any death caused due to negligent, criminal, or reckless actions by an individual or entity, or by a product or property that was not properly constructed, regardless of whether there was negligence involved. Put simply, wrongful death is when someone loses their life as a result of the legal fault of an entity or person, including due to:
- A defective product
- Medical malpractice
- Intentional acts (such as criminal acts)
- A negligent incident (such as a car crash)
In wrongful death cases, the liability of the at-fault party is solely 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 can be punished with imprisonment or jail time, probation, fines, or other penalties.
Who Is Qualified to File a Wrongful Death Claim in Georgia?
A person can’t file an action for wrongful deaths if they know or are associated with the deceased. Laws typically limit the rights to file a wrongful death claim to certain relatives. The Georgia Wrongful Death Act grants the right to file a claim to the following:
- First to the spouse of the deceased;
- If there’s no spouse, then the children.
- If there’s no child or spouse living, then it’s to the living parent(s).
- If there is no spouse, child or parent(s) or parent(s), then his or her estate administrator.
What Damages Can the Family Recover in a Wrongful Death Claim?
The family members or representatives of the deceased’s estate are entitled to two primary kinds of compensation:
- Economic Damages: It covers any financial losses that are physically measured, such as loss of benefits, income funeral expenses, etc.
- Non-Economic Damages: This can include losses that are intangible like loss of companionship and grief, mental stress as well as loss of training.
It’s important to know that in Georgia’s Wrongful death law the deceased person may not be the sole beneficiary of the amount that is offered as compensation. If there are multiple beneficiaries, the division of damages can become complicated. This is the reason it’s a good idea to contact a Morrow wrongful death lawyer to assist you.
Can the Family of the Deceased File for Punitive Damages?
Georgia’s laws regarding wrongful death do not mention punitive damages. Georgia’s courts have interpreted this law to mean punitive damages can’t be granted in the case of wrongful death.
While that may be the case, there are still ways to exploit loopholes. The victims can pursue punitive damages as part of something known as a survival action. Since survival action is a part of the common personal injury laws, estates of deceased persons can bring a personal injury claim where a punitive damages claim can be included.
However, it’s important to keep in mind that this exception is only available if there’s evidence that shows that the deceased survived for a short time even if it was only for only a few seconds before passing away. It is not possible to seek punitive damages when the death was instantaneous. The only recourse is to file a wrongful death claim.
What Evidence Can Prove Negligence in Wrongful Death Cases in Georgia?
The family of the deceased needs to prove that the death of the loved one was the result of negligence, recklessness, or carelessness. Be aware of the following conditions for looking to pursue a wrongful death lawsuit:
- Duty: The defendant owed your loved one a duty of care for the incident. This means that you need to clarify what obligations the responsible party owed.
- Breach of duty: The defendant did not fulfill their duty of care for your loved one.
- Causation: The breach of duty directly resulted in the death of your loved family member.
- Damages: The defendant’s actions caused damages and/or financial losses in this instance the loss of your beloved one, and the subsequent expenses.
What Is the Best Way to Begin a Wrongful Death Claim in Georgia?
Before you can file claims in Georgia, it is important to determine if you’re qualified to file a wrongful death claim. Do you have your name in the estate plan as their spouse or child or as their personal representative?
The next step is to learn what Georgia wrongful death cases work. The first thing to be aware of is that the time limit in Georgia to file a claim for wrongful death is two years.
To ensure that everything goes smoothly the next step to do is contact an experienced Wade Law wrongful death attorney and have them handle things for you, as wrongful death cases can be quite complicated.
The lawyer who is assigned to your case will help you know your options, how much you’ll be able to claim in compensation, and the best way you can claim it. They will also prepare your case and will advocate for you in court in order to obtain the compensation you are entitled to.
How Can a Morrow Wrongful Death Lawyer Help Me?
Our lawyers can assist you through each step of the process of filing a wrongful death claim in Georgia.
Investigation
Our lawyers will find the problem and collect evidence. This helps you to prove things like the duty of care as well as breach of duty, damages, and causation.
How to Draft and File a Claim
In addition to the proof and details needed, your attorney will then begin to prepare an official document before presenting it to the court beginning the claim. Your attorney will prepare an answer that includes crucial information, including the party at fault, the evidence available, as well as the amount you’re seeking as compensation.
Discovery and Deposition
After the lawsuit has been filed, both you and the at-fault party are able to gather evidence, details, and information about the case. Afterward, your attorney holds a deposition, which is where witnesses testify before the hearing.
Settlement or Trial
In some cases, claims could be resolved prior to a trial. If you and the party at fault can’t agree on the facts the next step is to have the issue heard by a judge/jury.
What Is the Difference between an Estate Claim and a Wrongful Death Claim?
In Georgia, wrongful death claims are civil actions brought by bereaved family members to pursue punitive damages and compensation for the worth of their loved one’s existence. To pursue financial damages, estate claims are brought through the estate of the victim’s deceased relative to compensate for financial losses.
For the Best Representation, Call Our Morrow Wrongful Death Lawyers
Wade Law has wrongful death lawyers who can help to fight for the life of someone you love. Although no amount of money will ever replace the loss of life but claiming compensation for the loss you suffered can make sure that you and your children have the finance you need to move on with life.
If you need assistance in pursuing a wrongful death case in Morrow, Georgia, contact Wade Law by dialing 770-282-1188 now to schedule a free consultation with one of our expert wrongful death attorneys for professional legal counsel.
