The loss of a family member is among the most difficult things anyone can experience, especially when their death was the result of the negligence of another or wrongdoing. If the deceased was the breadwinner those who survived often experience difficult times moving on due to the gap. The law in Georgia, like many states, permits the spouse or family members of the deceased to be compensated.
If you have lost a loved one to the negligent actions of someone else, our Union City wrongful death lawyers will assist you with a wrongful death claim to obtain the compensation that you and your family deserve. Although the loss of life can’t be compensated in full, receiving monetary damages can help you as well as your family get the funds you require to move on with life.
But, it’s important to know that pursuing a wrongful death claim can be a challenge due to the many laws and statutes that govern cases of wrongful deaths in Georgia. Wade Law can help you in bringing a successful wrongful death claim against the person responsible.
Our Union City personal injury attorneys dedicate themselves to seeking justice for those who suffer from premature death as well as their families. We would love to assist you! To schedule a no-obligation, complimentary consultation with one of our wrongful death attorneys, call 770-282-1188.
What Exactly Is Wrongful Deaths in Georgia?
Georgia law defines wrongful death as the death of a person that is caused by the negligence or criminal, intentional, or reckless acts of an individual or group or due to a property or product that was manufactured in a way that was defective regardless of whether it was a consequence from negligence or not. Simply put, wrongful demise refers to the death of someone due to the misconduct or negligence of a third party.
- A defective product
- Medical malpractice
- A deliberate act (such as a crime)
- Negligence-based incidents (such as car crashes)
In cases of wrongful death, the liability of the at-fault party is only expressed in terms of “damages” or the amount of money that is imposed by the court to the at-fault to pay the estate of the deceased or his family. This is one of the primary differentiators between wrongful deaths and criminal homicide cases, where convictions could result in imprisonment or time in jail, probation, fines, and other punishments.
Who’s Qualified to File a Wrongful Death Claim in Georgia?
Only close relatives of the deceased or estate administrators are able to bring a wrongful death claim. The ability to pursue a wrongful death claim is typically limited by law to certain family members of the deceased. Georgia’s Wrongful Death Act outlines who is able to bring wrongful death lawsuits in the following ways:
- The spouse of the deceased can file a wrongful death claim.
- If there is no spouse that is the case, then the children can file a claim.
- If there’s not a spouse or children, the deceased’s living parent(s) can file a wrongful death suit.
- If there’s no spouse, children, or parent(s), the next step is his or her estate administrator.
What Kind of Damages Can the Family Recover in a Wrongful Death Claim?
Two types of compensation are offered to the loved ones and the estate representatives of the deceased:
- Economic Damages: It covers financial losses that can be physically measured, such as lost benefits, lost income, medical expenses, funeral expenses, etc.
- Non-Economic Damages: This covers intangible losses experienced by those who have lost a loved one, such as emotional anguish, grief, loss of companionship and training loss of direction, and many more.
It is important to note that, under Georgia’s wrongful death law, it is possible that you are not the only beneficiary of the amount offered as compensation. In cases where there are several beneficiaries, the distribution of the damages is often a bit complicated, that’s why you’re advised to speak with an expert Union City wrongful death lawyer and have them handle things for you.
Can the Family of the Deceased File for Punitive Damages?
Georgia’s laws regarding wrongful death do not mention punitive damages. Georgia’s courts have applied this law to mean punitive damages can’t be awarded in claims involving wrongful death.
However, even though this is the case it isn’t the end of the world, there are legal loopholes that are able to be exploited. Victims may seek punitive damages for something known as a survival action. Because survival actions fall under common personal injury laws, estates of deceased persons can bring a personal injury claim where a punitive damages claim is possible.
It is important to note the exceptions only apply when the deceased was alive for some time, even if just a few seconds, prior to when they passed away. There is no way to claim punitive damages if the demise was sudden or instantaneous. The only recourse is to bring a wrongful death claim.
How Is Negligence Proved in Wrongful Death Cases in Georgia?
In order for the estate of the deceased or their family to be able to claim compensation in Georgia, they have to prove that the demise of their loved ones was the result of inattention, carelessness, or malice on the part of the defendant. Please note the following requirements in the event of trying to file a claim for wrongful death:
- Duty: The defendant owed your loved one an obligation of care when the incident happened, and that means clarifying the duties and obligations they had to the deceased.
- Breach of Duty: The defendant breached or failed to perform their obligation of taking care of your loved one.
- Causation: Your loved one’s death was the result due to a breach of duty.
- Damages: In this case, the defendant caused the loss of your family member and the resulting damage and/or financial loss.
What Is the Best Way to Begin a Wrongful Death Claim in Georgia?
The first step for filing claims in Georgia is determining if you’re eligible to pursue an action for wrongful death. Do you have your name in the deceased’s estate plan as the spouse or child, or as their personal representative?
The next step is to find out what Georgia the wrongful deaths process works. The first thing to be aware of is that the statute of limitation in Georgia for filing an action for wrongful deaths is two years.
To ensure that things go smoothly, the next step you should take is to get in touch with an experienced Union City wrongful death lawyer at Wade Law and ask them to handle the matter for you, as wrongful death claims can be a bit complicated.
The lawyer who is assigned to your case will help you know your options, how much you’ll need in compensation, and the best way you can obtain it. Apart from that, the attorney will also help you prepare your case and fight for your rights before the court in order to ensure that you get the money you deserve.
What Can Union City Wrongful Death Lawyer Do to Help Me?
Our lawyers can help you through every step of filing an Georgia claim for wrongful death.
Investigation
Our lawyers will find the issue and gather evidence. This will allow us to establish things like an obligation or breach of obligation, damages, and causality.
The Drafting and Filing of Your Claim
Your lawyer will collect the required evidence and data for a formal file. Then, your attorney will present it to the court , and then officially begin the claim. The document that your attorney submits contains important details such as the person at fault, details the evidence in the case, and outlines the amount you want in compensation.
Discovery and Deposition
Once the lawsuit has been filed, both you and the at-fault party will learn about details of evidence, facts, and proofs regarding your claim. Your lawyer then conducts a deposition. This is the time when witnesses make their statements prior to the hearing.
Settlement or Trial or Settlement
In some situations, the claims may be settled prior to trial. If you and the other party at fault cannot agree, then the next step is to have the case taken up by a judge or jury.
What’s the Difference Between an Estate Claim and a Wrongful Death Claim?
The claims for wrongful death in Georgia are civil suits filed by the family of the deceased to recover punitive damages as well as compensation for the loss of a loved one. Estate claims, on the other hand, are filed by the deceased’s estate in order to obtain damages to cover the financial burdens associated with the death of the victim.
Get in Touch With Our Union City Wrongful Lawyers Today
If you’ve lost someone dear to you due to a wrongful or negligent act by another person Lawyers for wrongful deaths at Wade Law can help you fight to ensure that the death of your beloved one was not in vain. Although there is no way to ever replace the life of someone, however, you may be able to receive compensation to help your family cope with the loss.
For a discussion of a Union City, Georgia wrongful death claim, call Wade Law at 770-282-1188 now for a free consultation with one of our experienced lawyers.
