The loss of a family member is among the most difficult experiences anyone could go through, especially in the event of negligence or other wrongdoings. If the deceased was the sole breadwinner and the family members suffer, they often face trouble moving on due to the gap. However, the law in Georgia provides a means through which the grieving family or spouse can receive compensation for their loss.
If you have lost a loved one due to the carelessness of another person, our Riverdale wrongful death lawyers will assist you with a wrongful death claim to receive the financial compensation you and your loved ones deserve. Even though the loss of life is not a complete compensation the financial compensation could allow your family to receive the funds they require to continue their lives.
It is worthwhile to mention that it may be challenging to file a claim for wrongful death due to the many laws and statutes that exist in Georgia. Wade Law can help you to file a successful wrongful-death claim against the person responsible in the event that you’re thinking of pursuing the possibility of a Riverdale wrongful death claim.
Our personal injury attorneys are committed to pursuing justice for those who have been robbed prematurely of their loved family members and we’d like to help you too! To set up a no-obligation complimentary consultation with one of our wrongful death attorneys, call 770-282-1188.
What Is Wrongful Death in Georgia?
Georgia law defines wrongful death as the death of a person that is caused by the negligence or criminal, deliberate or reckless conduct by another entity or person or by property or a product manufactured with a defect, irrespective of whether it was the consequence of the negligence of another or not. In simple terms, wrongful death is the loss of someone due to the negligence or misconduct of another individual or entity.
- A defective product
- Medical negligence
- An intentional act (such as the commission of a crime)
- Incidents that are caused by negligence (such as car crashes)
The only way that the at-fault party is held accountable in the case of wrongful death is through “damages”, or money compensation ordered by the court them to pay the estate of the deceased or loved ones of the deceased. This is the distinction between wrongful death and homicide, where convictions could result in the prison sentence or in jail and fines, probation or other penalties.
Who’s Eligible to File a Wrongful Death Case in Georgia?
It is not possible to file a wrongful death claim in the event that they are related to the deceased. The legal rights to file a wrongful death claim is generally limited by statutes to specific members of the deceased’s family. Georgia’s Wrongful Death Act outlines who can bring wrongful death claims as follows:
- The spouse of the deceased;
- If there is no spouse, then the children of the person.
- If there’s no spouse and no children, then the responsibility falls to the living parent(s) or
- If there isn’t a spouse, child or parent(s), then the estate administrator.
What Damages Can the Family Get From a Wrongful Death Claim?
Two kinds of compensation are offered to the family members and the estate representatives of the deceased:
- Economic Damages: This covers any financial losses that are physically measured, such as loss of benefits, income, medical expenses, funeral expenses, etc.
- Non-Economic Damages: This can include losses that are intangible like loss of companionship grieving, mental anguish, and loss of knowledge.
You might not be the sole beneficiary of the compensation amount, as Georgia’s wrongful death law stipulates. If there are multiple beneficiaries, the divisions of the damage can be complicated. This is the reason it’s a good idea to contact a Riverdale wrongful death lawyer to assist you.
Can Relatives of the Deceased Pursue Punitive Damages?
Georgia’s laws regarding wrongful death do not contain punitive damages. Georgia’s courts have applied this law as meaning that punitive damages can’t be granted in the case of the wrongful death of a person.
While that may be the case, there are still legal loopholes that are able to be exploited. A survival action is one type of lawsuit that permits victims to seek punitive damages. Survival actions are governed by common personal injury laws. The estate of the deceased may initiate a personal injury claim that includes a punitive damage claim could be added.
But it’s important to remember that this exclusion only applies when there’s evidence that shows that the deceased survived for a short amount of time, even only a few seconds prior to dying. If their death was instantaneous or sudden or immediate, there are no grounds to pursue punitive damages. The only option that applies here is pursuing a wrongful death claim.
How Is Negligence Proven Wrongful Death Cases in Georgia?
For the deceased person’s estate or family to secure compensation in Georgia, they have to show that the loss of their loved one was caused by inattention, carelessness or malice on part of the defendant. Note the following guidelines for pursuing a wrongful death claim:
- Duty: The defendant owed your loved one a duty to care for the incident. This means that you have to define what obligations the responsible party was liable for.
- Breach of duty: The defendant failed to perform their duty of care towards your loved ones.
- Causation: The breach of duty directly led to the death of your loved family member.
- Damages: In this instance, the defendant was responsible for the loss of your loved one and the resulting financial damage and/or loss.
How Do You Start the Process of Filing a Wrongful Death Claim in Georgia?
Before you file a claim to file a claim in Georgia it is crucial to determine if you are qualified to file a wrongful death claim. Do you have your name in the estate plan as their spouse or child or personal representative?
If yes, the next step is understanding how wrongful death claims work in Georgia. The first thing to know is that the statute of limitation in Georgia for filing the claim of wrongful death is two years.
In order to ensure that everything runs smoothly the next step you should be sure to reach out to an experienced Wade Law wrongful death attorney and have them take care of things to your satisfaction as wrongful death claims can sometimes be complex.
Your lawyer will explain your rights, what you need to do to secure it and what you will need to do. Alongside that, they will also prepare your case and advocate for your rights in court to ensure you get the compensation you deserve.
What Can a Riverdale Wrongful Death Lawyer Do to Assist Me?
Our lawyers can assist you with every step of the process of filing a wrongful death claim in Riverdale, Georgia.
Investigation
Our lawyers will determine the problem and collect evidence. This will help to prove issues such as an obligation, breach of obligation, damages or causality.
Drafting and Filing your Claim
In addition to the proof and the information required, your lawyer will then begin to prepare an official document before presenting it to the court informally launching the claim. The document that your attorney submits outlines important information such as the party at fault, describes all evidence and also outlines the amount you’re seeking in compensation.
Discovery and Deposition
Once the lawsuit has been filed in the first instance, you and the responsible party will gather the information that provides evidence and details about your claim. Your lawyer then conducts depositions. Witnesses make their statements prior to the hearing.
Settlement or Trial
In some instances, claims can be resolved before going to trial. If you and the at-fault party cannot agree on the details The next step is to have the issue heard by a judge/jury.
What Is the Difference Between an Estate Claim and Wrongful Death Claim in Georgia?
Claims for wrongful death in Georgia are civil suits filed by the family of the deceased to seek damages for punitive damage 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 brought by the decedent’s estate to claim damages to cover the financial burdens related to the victim’s death.
Contact Our Riverdale Wrongful Lawyers for a Free Case Review
Wade Law has wrongful death lawyers who can help you after losing someone you cherish. While no amount of money can ever replace the value of a person’s life and a person, getting compensation for your loss could assist in ensuring that your family and you have the money you need to continue living your life.
For a discussion of your case in Riverdale, Georgia, contact Wade Law at 770-282-1188 today to arrange a no-cost consultation with one of our wrongful death lawyers.
