The loss of a family member is among the most painful situations that one can go through particularly when their death was caused by the negligence of another or wrongdoing. In the event that the deceased was the breadwinner, those left behind often struggle to move forward due to the gap that they left. However, Georgia’s law like other states gives a method by that the bereaved family member or spouse will be able to receive compensation for their loss.
If you have lost a loved one due to the negligence of another individual, our South Fulton wrongful death lawyers will assist you with a claim to obtain the compensation that your family and you deserve. Although the loss of life isn’t able to be compensated fully, receiving monetary damages can help you and your family members obtain the money you require to move on with life.
It is worth noting, however, that it can be difficult to bring a wrongful death claim because of the various statutes and laws that are in Georgia. Therefore, if you think of filing an action for wrongful death in South Fulton, you really should take a look at contacting Wade Law for the legal guidance and representation you require to bring a claim against those who are responsible.
Our personal injury lawyers dedicate themselves to seeking justice for those who suffer from premature death and their families. We’d love to assist you! Contact us right now at 770-282-1188 to set up a no-cost, no-obligation consultation with one of our expert wrongful death lawyers.
What Exactly Is Wrongful Death in Georgia?
Georgia law defines “wrongful death” as any death caused by the negligent, criminal, or reckless conduct of other people or entities or by a product or property which was made in a defective manner regardless of whether or not there was negligence involved. Simply put, wrongful death is when a person loses their life as a result of the legal fault of another individual or entity, such as due to:
- A defective product
- Medical malpractice
- A deliberate act (such as the commission of a crime)
- A negligence-based incident (such as a car accident)
The only way the at-fault is held liable in wrongful death cases is through “damages” or the money compensation ordered by the court to pay the estate or the loved ones of the deceased. This is among the primary difference between wrongful death lawsuits and criminal homicide cases, where convictions could lead to prison time and fines, probation, and other penalties.
Who’s Eligible to File a Wrongful Death Claim Within Georgia?
It is not possible to file a wrongful death claim who is associated with the deceased. The law generally limits the right to file a wrongful death claim to specific members of the family. The following is who can file a claim under Georgia’s Wrongful Death Act:
- The spouse of the deceased;
- If there is no spouse, then the children of the deceased;
- If there’s no spouse and no children, then the living parent(s) or;
- If there is no spouse, child, or parent(s), then the estate administrator.
What Damages Are the Family Entitled to in a Wrongful Death Claim?
Two types of compensation are offered to loved ones and executors of the estate of the deceased:
- Economic Damages: These are financial losses that can be calculated such as lost benefits, lost income medical expenses, funeral expenses, etc.
- Non-Economic Damages: These damages cover the intangible loss suffered by bereaved families, including emotional anguish, grief, loss of companionship, loss of education, and so on.
It’s worth noting that according to Georgia’s wrongful death statute, it is possible that you are not the sole recipient of the money offered as compensation. If there are several beneficiaries, the distribution of the damages is usually a complex process, this is the reason you should get in touch with a professional South Fulton wrongful death lawyer and have them handle things for you.
Can the Family Members of the Deceased Pursue Punitive Damages?
In Georgia, there’s no mention of punitive damages when it comes to the law governing wrongful deaths. Georgia’s courts have applied this law to mean that punitive damages can’t be awarded in cases that involve wrongful death.
However, there’s an opportunity to be exploited. Victims can seek punitive damages as part of what’s known as a survival action. Survival actions are governed by common personal injury laws. The estate of the deceased could make a claim for personal injury that includes a punitive damage claim may be included.
It is important to note that this exception only applies in the case where the deceased lived for even just a few seconds prior to when they died. You cannot seek punitive damages if the demise was immediate or sudden. The only option is to file a wrongful death claim.
How Is Negligence Proved Wrongful death Cases in Georgia?
The family of the deceased should prove that the death of the loved one was caused by negligence, recklessness, or wrongdoing. If you plan to pursue a wrongful death claim, then please note that you’ll need to prove the following:
- Duty: The defendant owed your loved one a duty of care when the incident took place, and this means defining the obligations that they had to perform for the decedent.
- Breach of Duty: The defendant did not fulfill their duty of care for your loved one.
- Causation: Your loved one died as a direct result of the breach of duty.
- Damages: The defendant’s actions caused damage and/or financial loss, in this case, the death of your loved one and the resulting expenses.
How Do You Begin a Claim for Wrongful Death in Georgia?
Before you can file claims to file a claim in Georgia, it is important to determine if you are suitable for a wrongful death claim. Is your name listed in the estate plan as their spouse or child, or as their personal representative?
The next step is to learn how Georgia wrongful death cases work. The first point to be aware of is that there’s a restriction on when you are able to start a wrongful death claim in Georgia. The deadline for filing a wrongful death claim in Georgia is two years.
To ensure that things go smoothly, the next step you must take is to get in touch with an experienced Wade Law wrongful death attorney and let them handle the process to your satisfaction as wrongful-death cases can be quite complicated.
Your lawyer will outline your rights, the steps you can do to get it, and what you need to do. The attorney will draft your case and then advocate for you in court in order to obtain the compensation you’re entitled to.
What Can a South Fulton Wrongful Death Lawyer Do for Me?
Our attorneys are here to help in every step of filing a wrongful death claim in South Fulton, Georgia.
Investigation
Our lawyers will find the fault and gather evidence. This will allow you to establish obligations of care or breach of duty, damages, and causality.
Drafting and Filing a Claim
Your lawyer will collect the required evidence and data to draft a formal document. Your attorney will prepare and file the case in court, officially start the claim. Your lawyer will draft a complaint that contains essential information, like the at-fault party and evidence and the amount you’re seeking as compensation.
Discovery and Deposition
After the lawsuit has been filed that is when you and the at-fault party are able to gather evidence, details, and facts about the lawsuit. Following this, the attorney will conduct the deposition, where testimony from witnesses is gathered before the hearing.
Settlement or Trial
In some cases, claims could be settled before going to trial. However, if you and the person at fault are unable to agree, the next viable step is to get the matter to be heard and determined by a judge or jury.
What Is the Difference Between an Estate Claim and Wrongful Death Claim in Georgia?
In Georgia the state of Georgia, wrongful death claims are civil lawsuits filed by family members of the deceased seeking punitive damages as well as compensation for the value of their loved one’s existence. To pursue financial damages estate claims are filed through the estate of the victim’s victim’s victim in order to recuperate financial losses.
Contact Our South Fulton Wrongful Death Lawyers Today
If you’ve lost someone you love dearly due to the wrongful or reckless actions of someone else, the wrongful death attorneys at Wade Law can help you fight to ensure that the demise of your loved one was not in vain. Although nothing can ever replace a person’s life, you can get compensation to help you and your family members move on.
To discuss a wrongful death claim, call Wade Law at 770-282-1188 now for a free consultation with one of our South Fulton lawyers.
