A death in the family is one of the most painful experiences that anyone will encounter, particularly when it is caused by negligence or other wrongdoings. If the deceased was the breadwinner, the survivors often have difficulties moving forward due to the gap. Georgia’s law, like many states, permits the spouse or family of the deceased to be compensated.
Our Newnan wrongful death lawyers can help you file a claim for compensation if you have lost a loved one due to the negligence of a third party. Although the loss of life isn’t able to be compensated in full, receiving financial damages could help you as well as your family get the funds you require to move on with life.
However, it’s important to remember that filing a wrongful death claim can be tricky due to the many statutes and laws that govern cases of wrongful deaths in Georgia. As such, if you are considering pursuing the wrongful death claim in Newnan it is a good idea to take a look at contacting Wade Law for the legal guidance and representation you require to pursue a successful claim against the responsible parties.
Our personal injury attorneys dedicate themselves to seeking justice for the victims of premature death as well as their families. We’d love to assist you! Call us right now by calling 770-282-1188Â to arrange a complimentary appointment, with no obligation, with one of our professional lawyers who represent victims of wrongful death.
What Exactly Is Wrongful Deaths in Georgia?
Georgia law defines the term “wrongful death” as the death of an individual that is caused by the negligence, criminal, intentional or reckless conduct by another entity or person or by a product or product that was not properly manufactured, irrespective of whether it was a result of negligence or not. Simply put, a wrongful death is the loss of a person’s life as a result of the legal fault of a person or entity, which is triggered the following:
- A defective product
- Medical negligence
- An intentional act (such as a crime)
- Involvements that result from negligence (such as car accidents)
In wrongful death cases in which the at-fault’s responsibility is only expressed in terms of “damages” or financial compensation which the court directs that the at-fault pay for the estate of the deceased, or their family. This is the distinction between wrongful death and homicide, where convictions can lead to prison or jail time or 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 death if they know or are associated with the deceased. The right to file a wrongful death claim is generally restricted by law to certain family members of the deceased. Georgia’s Wrongful Death Act outlines who is able to bring wrongful death lawsuits in the following ways:
- First, the spouse of the person who died;
- If there is no spouse, his or her children.
- If there’s no spouse or children, then the living parent(s).
- If there is no spouse, child or parent(s), then the estate administrator.
What Are the Damages that the Family of the Deceased Can Recover?
Two kinds of compensation are offered to loved ones and executors of the estate of the deceased:
- Economic Damages: This covers financial losses that are physically calculable, such as income, benefits funeral expenses.
- Non-Economic Damages: It covers the intangible loss suffered by those who have lost a loved one, such as grief, mental trauma, loss of friendship, loss of education, loss of guidance, and so on.
You may not be the sole recipient of the compensation in Georgia, as the Wrongful Death law states. If there are several beneficiaries, the divisions of the damage can be complicated. This is why it is a good idea to contact a Newnan wrongful death attorney who can assist you.
Does the Family of the Deceased File for Punitive Damages?
Georgia’s laws regarding wrongful deaths do not contain punitive damages. In this regard, courts in Georgia strictly interpret that the law doesn’t allow the award of punitive damages to victims of claims that involve wrongful death.
If that’s the case it’s not the end of the story. There’s an avenue that can be used. Victims may seek punitive damages when they are involved in something known as a survival action. Survival actions fall under common personal injury law. The estate of the deceased could file a personal injury case in which a punitive damages claim may be included.
It’s important to understand the exceptions only apply in situations where the deceased lived for even just a few seconds prior to when they died. If their death was instantaneous or sudden, there’s no reason to pursue punitive damages. The only remedy available in this case is to pursue a wrongful death claim.
How Is Negligence Proved in Wrongful Death Cases in Georgia?
For the deceased person’s estate or family members to obtain compensation in Georgia in Georgia, they must demonstrate that the death of their loved ones was caused by inattention, carelessness, or malice on the part of the defendant. If you are planning to pursue a claim for wrongful deaths, then please note that you’ll be required to prove the following things:
- Duty: The defendant owed your loved one the duty of care at the time the incident happened, and that requires a clarification of the duties that they were obligated to the deceased.
- Breach of Duty: The defendant has not performed their obligation of care to your loved ones.
- Causation: Your loved one’s death was the result of a breach of duty.
- Damages: The defendant’s actions have caused damages and/or financial losses, in this case, the death of your loved one, and the costs that resulted from it.
How Do You Start the Process of a Wrongful Death Claim in Georgia?
Before you can file an action for compensation in Georgia, it is important to determine whether you are suitable for a wrongful death claim. Are you included in the will of the deceased’s as the spouse, parent, child, or personal representative?
If yes, your next step should be understanding how wrongful death lawsuits work in Georgia. The first thing you need to be aware of is that the statute of limitations in Georgia for filing an action for wrongful deaths is two years.
You can ensure everything runs smoothly by contacting a Wade Law wrongful death attorney. They’ll take care of your case the way complex wrongful death claims sometimes are.
Your lawyer will explain your rights, what compensation you can file for, and what you will need to do. He or she will then prepare your case and advocate for your case in court to receive the compensation you are entitled to.
What Can a Newnan Wrongful Death Lawyer Help me?
Our lawyers can assist you through every step of filing a wrongful death claim in Newnan, Georgia.
Investigation
Our attorneys will determine who is accountable and will gather evidence. This will allow you to prove things like obligations of care as well as breach of duty damages and causality.
How to Draft and File a Claim
Your attorney will gather all the evidence and details needed for a formal file. Then, your attorney will present it to the court , and then officially begin the claim. The compliant your attorney presents includes important information, such as the at-fault party, provides the evidence in the case, and states the amount you’re seeking in compensation.
Discovery and Deposition
After the lawsuit is initiated, both you and the responsible party will gather information of evidence, facts and proofs regarding your claim. Your lawyer then conducts depositions. This is the time when witnesses provide their testimony prior to the hearing.
Settlement or Trial
In certain cases, disputes could be settled prior to going to trial. If you and the at-fault party cannot agree on the details then the next step is to request that the matter be heard by a judge/jury.
What’s the Difference Between an Estate Claim and a Wrongful Death Claim?
In Georgia, claims for wrongful death Georgia are civil suits filed by the family of the deceased to recover punitive damages, as well as an amount of compensation in the event of the death of their loved one. Estate claims, on the other hand, are brought by the decedent’s estate to claim damages to cover the financial burdens related to the victim’s death.
For the Best Representation, Call Our Newnan Wrongful Death Lawyers
If you have lost someone who was dear to you as a result of the malicious or negligent acts of someone else the wrongful-death attorneys at Wade Law can help you fight to ensure that the death of your loved one was not in vain. And while no amount of money can substitute for a lifetime but claiming compensation for the loss you suffered can help ensure that your family and you will have the financial resources you need to continue living your life.
If you require assistance with a wrongful death claim in Newnan, Georgia, contact us at Wade Law by calling 770-282-1188Â now to book an initial consultation with one of our wrongful death lawyers for legal advice from an expert.
