The death of a loved one is amongst the most difficult situations that one can go through, especially when their death was caused by another person’s negligence or wrongdoing. If the deceased was the breadwinner those who survived often experience difficult times moving on due to the gap. But Georgia’s law, as is the case across the country, gives a method by which the grieving family or spouse can receive compensation for their loss.
Our Rex wrongful death lawyers will help you file claims for compensation if you have lost a loved one because of the negligence of a third party. Although the loss of life can’t be compensated in full, receiving money damages can help you and your family obtains the funds you require to continue living your life.
But, it’s important to know that pursuing a wrongful death claim isn’t easy because of the numerous laws and statutes applicable to wrongful death cases in Georgia. Wade Law can help you in bringing a successful wrongful deaths lawsuit against those responsible for your death if you’re contemplating pursuing a wrongful death case.
Our Rex personal injuries attorneys have a passion for pursuing justice for the victims of premature death as well as their families. We’d like to help you! Contact us right now by calling 770-282-1188 to set up a no-cost, no-obligation consultation with one of our expert lawyers who represent families impacted by wrongful death.
What Exactly Is Wrongful Death in Georgia?
Georgia law defines “wrongful death” as any death caused by the negligent, reckless, or criminal conduct of another person or entity or by an item or property that is defectively manufactured regardless of if negligence was at play. Simply put, wrongful death is when a person loses their life due to the legal fault of another person or entity, which is triggered by:
- A defective product
- Medical malpractice
- A deliberate act (such as the commission of a crime)
- An incident that is based on negligence (such as a car crash)
The only way in which the person at fault is held liable in cases of wrongful deaths is through “damages” which is an amount of money that the court demands them to pay the estate of the deceased or loved family members of the deceased. This is the distinction between wrongful death and criminal homicide cases, where convictions could result in prison or jail time as well as fines, probation, or other penalties.
Who Is Qualified to File a Wrongful Death Lawsuit in Georgia?
Anyone can’t bring an action for wrongful deaths if they know or are associated with the deceased. Statutes generally limit the rights to file a wrongful death lawsuit to certain members of the family. Georgia’s Wrongful Death Act outlines who can file wrongful death claims as follows:
- In the first instance, to the spouse of the person who died;
- If there is no spouse, then the children of the person.
- If there is no spouse or children, then the living parent(s) can file.
- If there’s no spouse, children, or parent(s), then the estate administrator can file a claim.
What Damages Can the Family Recover From a Wrongful Death Claim?
Two kinds of compensation are available to the loved ones and representatives of an estate of the deceased:
- Economic Damages: This includes financial losses that can be calculated, like loss of benefits, loss of income, medical expenses, funeral expenses, etc.
- Non-Economic Damages: These include the intangible pains suffered by those who have lost a loved one, such as sorrow, mental anguish, loss of companionship, loss of training, loss of guidance, and others.
You may not be the sole recipient of the compensation, as Georgia’s Wrongful Death statute states. If there are several beneficiaries, the allocation of damages can become complicated. This is why it’s recommended to speak with a Rex wrongful death lawyer who can assist you.
Can Family of the Deceased Sue for Punitive Damages?
In Georgia, the law governing wrongful deaths doesn’t mention punitive damages. Georgia’s courts have applied the law in a way that suggests punitive damages will not be granted in the case of the wrongful death of a person.
While that’s true but there’s still an opportunity to be exploited. Victims can seek punitive damages in connection with an action known as a “survival” action. Survival actions fall under common personal injury law. The estate of the deceased can initiate a personal injury claim that includes a punitive damage claim could be added.
But it’s important to note that this exemption is only applicable if the deceased has evidence that they survived for a short time, even if it was only for only a few seconds, prior to dying. If the death was immediate or sudden, there are no grounds to pursue punitive damages. The only recourse for this situation is to file a wrongful death claim.
What Counts as 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 the result of negligence, recklessness, or intentional wrongdoing. If you intend to pursue a wrongful death claim be aware that you’ll be required to prove these things:
- Duty: The defendant owed your loved one a duty of care for the event. This means you have to define what obligations the responsible party had to fulfill.
- Breach of Duty: The defendant was in breach or failed to uphold their duty of care for your loved one.
- Causation: The breach of duty directly resulted in the death of your loved family member.
- Damages: In this case, the defendant caused the death of your family member and the resulting financial loss and/or harm.
How Do You Begin the Process of a Wrongful Death Claim in Georgia?
Before you file an action in Georgia it is essential to determine whether you are legally eligible to file a claim for wrongful death. Is your name in the estate plan of the deceased’s spouse, child, or personal representative?
If you’re one of them, your next step should be to understand how wrongful death claims work in Georgia. The first aspect to consider is that there is a time period when you must submit a wrongful death claim in Georgia. The time limit for filing the claim for wrongful death in Georgia is two years.
To ensure that things go smoothly, the next step you need to do is contact a professional Wade Law wrongful death attorney and have them handle things for you since wrongful death lawsuits can be complicated.
Your lawyer will explain your rights, what amount of compensation you can seek, and what you have to do to secure it. He or she will then prepare your case and then advocate for your case in court to receive the amount you’re entitled to.
What Could I Ask a Rex Wrongful Death Lawyer to Do?
Our lawyers can assist you with each step of filing a wrongful death claim in Georgia.
Investigation
Our attorneys will determine who is responsible and collect evidence. This will make it easier to establish things like the breach of duty, damages, and causality.
Drafting and Filing Your Claim
Your lawyer will collect all the evidence and details needed to draft a formal document. Then, your attorney will present it before the court and start the claim. The paperwork your lawyer prepares includes important information, such as the party at fault, describes the evidence that is available, and also outlines the amount you’re seeking as compensation.
Discovery and Deposition
After the lawsuit is initiated at the time of the filing, both you and the at-fault party will gather information, evidence, and facts about your claim. Your lawyer then conducts a deposition. This is where witnesses provide their testimony prior to the hearing.
Settlement or Trial or Settlement
Sometimes, the lawsuits are resolved before they go to trial. However, if you and the at-fault party are unable to agree, the next step to take is to get the matter to be heard and determined by a judge or a jury.
What’s the Difference Between an Estate Claim and a Wrongful Death Claim?
In Georgia, wrongful death lawsuits are civil lawsuits that are brought by grieving family members seeking punitive damages, as well as compensation for the worth of their loved ones’ lives. Estate claims however are brought by the decedent’s estate in order to obtain damages for the financial costs that result from the death of the victim.
Call Our Rex Wrongful Death Lawyers for a Free Consultation
If you have lost someone who was dear to you as a result of the malicious or reckless actions of someone else. Our wrongful death lawyers at Wade Law can help you fight to ensure that the loss of your beloved one wasn’t wasted. While no amount of money will ever replace the life of someone, however, you may be able to receive compensation that will help you and your family move on.
To discuss your Rex, Georgia case, call Wade Law at 770-282-1188 now for a free meeting with one of our wrongful death attorneys.
