A death in the family is among the most difficult experiences anyone is likely to experience, especially when it’s caused by mistakes or other blunders. In the event that the person who died was the sole breadwinner those who survived often experience difficulty moving on because of the gap. Georgia’s law, like many states, permits spouses or the family members of the deceased to receive compensation.
If you have lost someone you love to carelessness by another person, our Palmetto wrongful death lawyers will assist you with the wrongful death claim in order to receive the financial compensation you and your loved ones deserve. Even though the loss of life is not fully compensated, monetary damages may allow your family to receive the cash they require to sustain their lives.
It is important to remember, however, that it could be difficult to pursue a wrongful death claim because of the numerous statutes and laws that are in Georgia. As such, if you are considering pursuing a claim for wrongful deaths in Palmetto, you really should think about contacting Wade Law for the legal assistance and representation that you require to bring a claim against those responsible.
Our personal injury attorneys have a passion for obtaining justice for victims who were robbed of loved relatives and want to help you as well! Contact us right now at 770-282-1188Â to set up a no-cost appointment, with no obligation, with one of our expert legal representatives for wrongful death.
What’s Wrongful Death Defined in Georgia?
Georgia law defines the term “wrongful death” as the death of an individual that is caused by the negligence or criminal, deliberate, or reckless acts by another entity or person, or from a property or product manufactured with a defect, irrespective of whether the death was a result of negligence or not. Simply put, wrongful death is the term used to describe the death of someone due to the misconduct or negligence of another individual or entity.
- A defective product
- Medical malpractice
- An intentional act (such as an offense)
- A negligent incident (such as a car accident)
The sole way the at-fault party is held accountable in the case of wrongful death is via “damages” which is a money compensation ordered by the court them to pay the estate or loved relatives of the deceased. This is among the most significant distinctions between wrongful death cases and criminal homicide cases, where convictions could result in prison or jail time, probation, fines, and other punishments.
Who’s Eligible to File a Wrongful Death Claim in Georgia?
Any person isn’t able to bring the claim for wrongful demise when they are related to the deceased. The right to file a wrongful-death claim is usually limited by law to certain members of the family of the deceased. Georgia’s Wrongful Death Act outlines who is able to bring wrongful death lawsuits according to the following:
- The spouse of the deceased;
- If there is no spouse, then the children of the deceased.
- If there’s no spouse or children, the living parent(s) or
- If there’s no spouse, children, or parent(s), then the estate administrator.
What Damages Can the Family Be Entitled to in a Wrongful Death Claim?
The relatives or the representatives of the deceased person’s estate may be able to recover two major kinds of compensation:
Economic Damages
This includes physical losses in the form of financial loss quantifiable, like income loss, benefits lost, medical expenses, and funeral expenses.
Economic Damages
This includes intangible losses such as the loss of friendship and grief, mental stress and loss of training.
It’s important to know that under Georgia’s wrongful death law the deceased person may not be the sole beneficiary of the sum offered as compensation. If there are several beneficiaries, the distribution of the damage can be complicated. This is why it’s a good idea to contact a Palmetto wrongful death lawyer to help you.
Is It Possible for Families of the Deceased to Sue for Punitive Damages?
In Georgia, there is no mention of punitive damages in the statutes governing wrongful death. Georgia’s courts have interpreted this law to mean punitive damages can’t be granted in the case of wrongful death.
Even though that is true, however, there are loopholes that can be exploited. A survival action is one type of lawsuit that allows victims to pursue punitive damages. Survival actions fall under common personal injury laws. The estate of the deceased could file a personal injury case with a punitive damages claim is possible.
It is important to note that this exception applies only in cases where the deceased was alive for at least a few minutes before they died. If their death was instantaneous or sudden, there’s no reason to seek punitive damages. the only alternative for this situation is to file an action for wrongful death.
How Do You Prove Negligence in Wrongful Death Cases in Georgia?
In order for the estate of the deceased or family to secure compensation in Georgia it is necessary to show that the loss of their loved ones was the result of negligence, recklessness, or malice on the part of the defendant. If you’re planning to file the claim of wrongful death, then please note that you’ll need to prove the following things:
- Duty: The defendant owed your loved one an obligation to take care of your loved one when the incident occurred, and that requires a clarification of the duties which he or she had to pay the deceased.
- Breach of Duty: The defendant breached or failed to fulfill their duty of care to your loved one.
- Causation: The violation of duty directly led to the death of your loved one.
- Damages: In this case, the defendant was responsible for the death of your loved one and the resulting financial losses and/or harm.
How Do You Begin Filing a Wrongful Death Claim in Georgia?
Before you file an action for compensation in Georgia it is essential to determine if your legally eligible to file a claim for wrongful death. Is your name listed in his or her estate plan as the spouse or child, or as their personal representative?
If yes, the next step is understanding how wrongful death lawsuits work in Georgia. The first thing to note is that there’s a restriction on when you are able to start a wrongful death claim in Georgia. The statute of limitations for filing claims for wrongful deaths in Georgia is two years.
In order to ensure that everything runs smoothly, the next step to take is to get in touch with a professional Wade Law wrongful death attorney and ask them to handle the matter to your satisfaction as wrongful-death cases can be quite complicated.
The attorney who will handle your case will assist you to determine your options, how much you’ll be able to claim in compensation, and how you can claim it. In addition, he or she will prepare your case, and advocate for your rights in court to ensure that you get the money you deserve.
What Can a Palmetto Wrongful Death Lawyer Do to Help Me?
Our lawyers will assist you throughout the process of filing a Georgia wrongful death claim.
Investigation
Our attorneys will determine who is accountable and then gather evidence. This will help to establish what is an obligation or breach of duty, damages, and causation.
Drafting and Filing a Claim
Your attorney will gather the necessary evidence and information to draft a formal document. Your attorney will present the file before the court and start the claim. The compliant your attorney presents provides important information like the at-fault party, outlines the evidence in the case and also outlines the amount you want as compensation.
Discovery and Deposition
Once the lawsuit has been filed in the first instance, you and the responsible party will be able to discover specifics that provide evidence and details about your claim. Your lawyer then conducts depositions. Witnesses provide their testimony prior to the hearing.
Settlement or Trial or Settlement
There are occasions when disputes are settled before they are tried in court. If you and the person at fault can’t agree on the facts the next step is to request that the matter be heard by a judge/jury.
What’s the Difference Between an Estate Claim and Wrongful Death Claim in Georgia?
The claims for wrongful death in Georgia are civil lawsuits filed by the families of the deceased in order to collect punitive damages, as well as an amount of compensation in the event of the death of a loved one. Estate claims are, on the other hand are filed by the deceased’s estate in order to obtain damages for the financial costs associated with the death of the victim.
Contact Our Palmetto Wrongful Death Lawyers for the Best Possible Representation
Wade Law has wrongful death lawyers who can help you to defend the life of someone you love. Although no amount of money will ever replace a person’s life, you can seek compensation that will help you and your family move on.
To discuss a Palmetto, Georgia wrongful death claim contact Wade Law at 770-282-1188Â now to schedule a free meeting with one of our wrongful death lawyers.
