The death of a family member is amongst the most difficult things anyone can experience, especially when their death was caused by another person’s negligence or wrongdoing. In cases where the deceased was the breadwinner, those left behind often find it difficult to move on with life due to the gap they left. However, the law in Georgia, as is the case in most states, provides a means through which the bereaved family or spouse can receive compensation for their loss.
If you have lost a loved one due to the negligent actions of another person, our Senoia wrongful death lawyers can help you pursue a wrongful death claim to obtain the compensation that you and your family deserve. While the loss of life can’t be fully compensated, receiving monetary damages can help you and your family obtain the funds you need to move on with life.
However, it’s worth noting that pursuing a wrongful death claim can be tricky due to the various laws and statutes that govern wrongful death cases in Georgia. As such, if you are thinking of pursuing a wrongful death claim in Senoia, you really should consider getting in touch with Wade Law for the legal counsel and representation you need to file a successful claim against those responsible.
Our personal injury attorneys are devoted to seeking justice for those who’ve been prematurely robbed of their loved ones and would like to help you too! Get in touch with us today at 770-282-1188 to schedule a free, no-obligation consultation with one of our professional wrongful death attorneys.
How’s Wrongful Death Defined in Georgia?
Georgia law defines wrongful death as the death of an individual caused by the negligent, criminal, intentional, or reckless acts of another person or entity, or from a property or product that was defectively manufactured, irrespective of whether it was a result of negligence or not. Put simply, wrongful death is when someone loses their life as a result of the legal fault of another entity or person, including by:
- A defective product
- Medical malpractice
- An intentional act (such as a crime)
- A negligence-based incident (such as a car accident)
In wrongful death cases, the at-fault’s liability is solely expressed in terms of “damages” or financial compensation that the court orders the at-fault to pay the decedent’s estate or family. This is one of the main differences between wrongful death cases and criminal homicide cases where convictions could result in prison or jail time, probation, fines, and other penalties.
Who’s Qualified to File a Wrongful Death Claim in Georgia?
Wrongful death claims can’t be pursued by anyone simply because they knew or were related to the deceased. The right to pursue a wrongful death claim is generally restricted by statutes to specific members of the deceased’s family. Georgia’s Wrongful Death Act outlines who can file wrongful death claims as follows:
- First, to the decedent’s spouse;
- If there’s no spouse, then to his or her children;
- If there’s no spouse or children, then to his or her living parent(s); and
- If there’s no spouse, children, or parent(s), then to his or her estate administrator.
What Damages Can the Deceased’s Family Recover Through a Wrongful Death Claim?
The loved ones or representatives of the deceased person’s estate can recover two main types of compensation:
Economic Damages
This covers financial losses that can be physically calculated such as lost benefits, lost income, medical expenses, funeral expenses, etc.
Non-Economic Damages
This covers intangible losses experienced by the bereaved such as sorrow, mental anguish, loss of companionship, loss of training, loss of guidance, and others.
It’s worth noting that as per Georgia’s Wrongful death statute, you might not be the only beneficiary of the amount offered as compensation. In cases where there are several beneficiaries, the division of damages offered tends to be complicated, which is why you are advised to get in touch with a professional Senoia wrongful death lawyer and have them handle things for you.
Can the Family of the Deceased File for Punitive Damages?
In Georgia, there’s no mention of punitive damages in the laws surrounding wrongful death. Due to this, the courts in Georgia strictly interpret that the law doesn’t allow punitive damages to be awarded in claims involving wrongful death.
And while that’s the case, there is still a loophole that can be exploited. Victims can seek punitive damages in connection with something known as a survival action. Since survival action falls under common personal injury laws, the decedent’s estate can pursue a personal injury claim in which a punitive damages claim can be included.
However, it is worth noting that this exception only applies in cases where there’s proof that the deceased survived for a short time, even if it’s for a few seconds, before dying. If their death was sudden/immediate, then there’s no basis for seeking punitive damages; the only option that applies here is pursuing a wrongful death claim.
How Is Negligence Proved in Wrongful Death Cases in Georgia?
For the deceased person’s estate or family to secure compensation in Georgia, they have to prove that the demise of their loved one was due to negligence, recklessness, or malice on the part of the defendant. If you intend to pursue a wrongful death claim, then please note that you will be required to prove the following things:
Duty
The defendant owed your loved one a duty of care when the incident occurred, and that means clarifying the duties that he or she owed the decedent.
Breach of Duty
The defendant breached or failed to fulfill their duty of care to your loved one.
Causation
The breach of duty directly led to the death of your loved one.
Damages
The defendant’s actions caused harm and/or financial losses, in this case, the death of your loved one and the resulting expenses.
How Do You Start the Process of Filing a Wrongful Death Claim in Georgia?
The first step to filing a claim in Georgia is determining whether you are eligible to pursue a wrongful death claim. Is your name listed in his or her estate plan as their spouse or child or personal representative?
If you are, then the next step is to understand how wrongful death claims work in Georgia. And the first thing to note is that there’s a time limit to when you should file a wrongful death claim in the state – that statute of limitations for filing a wrongful death claim in Georgia is two years.
To ensure that things go smoothly, the next step you need to make is to contact a professional Wade Law wrongful death attorney and have them handle things for you as wrongful death claims can sometimes be complex.
The attorney assigned to your case will help you understand your options, how much you should seek in compensation, and how you can claim it. Apart from that, he or she will also prepare your case and fight for your rights in court to ensure you receive the compensation you deserve.
How Can a Senoia Wrongful Death Lawyer Help Me?
Our attorneys can help you with each step of filing a wrongful death claim in Georgia.
Investigation
Our attorneys will determine who is at fault and collect evidence. This makes it easier for you to prove things like a duty of care, breach of duty, damages, and causation.
Drafting and Filing Your Claim
With the evidence and information needed, your attorney will then start preparing a formal filing before presenting it to the court, officially starting the claim. The compliant your attorney presents outlines important information such as the at-fault party, outlines the evidence available, and states the amount you are seeking as compensation.
Discovery and Deposition
Once the lawsuit has commenced, you and the at-fault party discover details, evidence, and facts about the claim after which your attorney conducts a deposition, which is where statements from witnesses are gathered before the hearing.
Settlement or Trial
There are instances where claims are settled before they can ever go to trial. However, if you and the at-fault party can’t agree, then the next viable step is to have the matter heard and determined by a judge or jury.
What’s the Difference Between an Estate Claim and Wrongful Death Claim in Georgia?
In Georgia, wrongful death claims are civil claims brought by bereaved family members to seek punitive damages and compensation for the worth of their loved one’s life. Estate claims, on the other hand, are brought by the decedent’s estate to seek damages for the financial costs related to the victim’s death.
Contact Our Senoia Wrongful Death Lawyers for the Best Representation
If you have lost someone dear to you due to the malicious or negligent actions of another person, the wrongful death attorneys at Wade Law can help you fight to ensure that the death of your loved one wasn’t in vain. And while no amount of money can replace a life, obtaining compensation for your loss can help ensure that you and your children have the finance you need to move on with life.
For assistance pursuing a wrongful death claim in Senoia, Georgia, get in touch with us at Wade Law by dialing 770-282-1188 now to schedule a free consultation with our professional wrongful death attorneys for expert legal counsel.
