Need a Georgia Wrongful Death Lawyer? Under the law, you have the right to seek compensation for a loved one’s death who was killed due to the careless or reckless actions of another party or person. Our skilled Georgia injury attorneys at The Shrable Law Firm will be very happy to assist you with filing a wrongful death claim. Since 1988, our firm has specialized in these types of cases, and during this time we have assisted numerous clients in seeking justice for their loved ones’ wrongful deaths.
Our legal experts’ team at The Shrable Law Firm understands what families suffer whenever they lose a loved one due to the careless or reckless actions of another entity or person. This sudden loss can be both emotionally and financially devastating. Our wrongful death lawyers in Georgia are highly experienced, skilled, and trained in handling these types of cases. They have all of the resources necessary to help you seek and obtain justice.
Our team is fully committed to assisting families and individuals to cope during this very difficult and painful time in their lives. We know that no amount of money will replace a loved one’s life. However, we also understand that those who are liable for a wrongful death need to be held accountable for their actions. That is why we fight so hard to ensure that you are fairly compensated for your loss and that justice is served. Contact our law offices and get your free case evaluation scheduled today.
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How Can A Wrongful Death Attorney Help Me?
We here at The Shrable Law Firm are confident and believe that we are your best option to help you file a wrongful death claim if you want to win your case and receive fair compensation. We are certain we can assist you due to the following:
- Our law firm and attorneys have many years of experience in working on wrongful death cases; therefore, we have a thorough understanding of what is necessary to put a strong case together and win.
- We work according to a contingency fee basis. That means you will not be charged any fees for our legal service until we have obtained compensation for you.
- Our firm is fully committed to representing your best interests and you; therefore, we will use all of the resources necessary to help ensure success. We know how expensive and lengthy that wrongful death cases often are; this is why we advance all expenses, including filing fees, hiring investigators, and court fees.
- Our law experts will not hesitate to take your case to court if necessary. They have years of experience with assisting our clients to win record-setting settlements.
How Is Wrongful Death Defined?
Georgia Code Chapter 4 of Title 51 defines wrongful death as a death that is caused by reckless, criminal, negligent, or intentional actions of an entity or person. Filing this type of claim may be valid whenever there were suspicious circumstances that led up to a person’s death. This means there is a substantial reason to believe a person’s death was due to the fault of a specific entity or person. Frequently, a wrongful death lawsuit centers around the same foundations that personal injury claims do. However, in these cases, the victim has not survived their injuries.
What Is Contained In The Georgia Wrongful Death Act?
There are five code sections in the Georgia Wrongful Death Act. This law was enacted more than 100 years ago and there have been several addenda added to this Act over the years. Various potential legal grounds are outlined in the law for filing wrongful death lawsuits in the state of Georgia. The following are some of the reasons that are stipulated:
- Medical malpractice such as incorrect medical prescriptions, surgical errors, and misdiagnosis.
- Car accidents attributed to such actions as driving under the influence of alcohol or drugs.
- Criminal actions such as premeditated murder.
- Pedestrian accident fatalities.
- Deaths that are caused by using defective products such as vehicles, medical devices, appliances, drugs, foods, or electronics.
- Food poisoning linked with contamination or poor sanitation at a commercial establishment.
- Neglect or abuse in health care facilities, nursing homes, or hospitals.
- Illegal or improper alcohol services such as a situation where a bartender continues to serve alcohol to a person who is visibly drunk.
Rules For Who Can File A Wrongful Death Claim In Georgia
In order to be eligible in Georgia to file a wrongful death claim, you must be a relative of the deceased individual. You can be a spouse, parent, child, or relative. You may also be a designated personal representative of the estate of the deceased’s person. You will not qualify for filing a claim if the dead individual was only a close friend of yours. And as the deceased’s personal representative, you must transfer any damages that are recovered to the next of kin of the deceased.
If a will was left by the deceased person that lists the beneficiaries of her or his estate, then the personal representative is required to follow the instructions that are stipulated in the will and then distribute the entire state to the beneficiaries that are listed. In many of these circumstances, inheritance transfers are detailed and state who receives what.
In A Wrongful Death Claim, What Is The Statute Of Limitations?
In Georgia, the statute of limitations on a wrongful death claim is 2 years starting on the date of the individual’s death, according to Georgia Code Ann. § 9-3-20 et seq. There are exceptions to this. Therefore, you should consult with our wrongful death attorneys to learn more. If you file our claim after the deadline that has been stipulated, then your case will most likely not be heard in court. If there is an ongoing criminal case involving the deceased person, the timeline on a civil claim will be paused until the matter is completed.
What Damages Can I Receive Compensation For?
The Georgia Wrongful Death Act allows a claimant to recover damages that amount to the entire value of the life of the deceased individual without deducting the decedent’s personal personal expenses if she or he had survived.
The compensation covers both intangible and tangible damages that the decedent and her or his family has suffered. The damages include burial or funeral costs, medical expenses, lost wages of the deceased (include what the individual would have earned if still alive), loss of companionship and care, as well as pain and suffering that is attributed to the loved one’s death.
Under the law in Georgia, a spouse who files a wrongful death claim for a loved one who did not have an estate plan or will with beneficiaries lists is expected to share any awarded compensation with the deceased’s children )if any). One-third of the total proceeds goes to the surviving spouse, and the remainder of the compensation will be divided among the children.
If the proceeds go to the surviving spouse and their children who are under 18 years old, then the parent (or guardian) will be given custody of the children’s share of the proceeds until after they reach 18 years old.
What Punitive Damages Are Involved In A Wrongful Death Lawsuit?
In certain situations, the jury finds a defendant’s conduct or actions so grossly negligent, reckless, or indifferent to the wellbeing of another person, to such an extent that it may away punitive damages as further punishment for this behavior. However, punitive damages are not mentioned or recognized by the Georgia Wrongful Death Act. As a result, Georgia appellate judges have repeatedly stated that punitive damages will be interpreted in the strictest way possible. When a wrongful death case is filed in Georgia, the plaintiff is unable to pursue punitive damages. However, these losses are validation when they are connected to survival actions.
The survival action under common law is a personal injury claim that is used for representing the estate of the deceased. However, punitive damages can be eligible if it is found that the defendant acted with malice, negligently, or with the blatant disregard for other people’s safety. This will not be recognized by judges in Georgia if some time has passed between the defendant’s actions leading to the outcome and the death in question.
How Can Negligence Be Proven In A Wrongful Death Claim In Georgia?
A wrongful death claim is similar to a personal injury claim that is filed on behalf of the deceased person. Therefore, the elements of negligence, recklessness, or malice are similar to those that apply to personal injury cases. Therefore, the following must be proven in order to win your claim:
You must provide evidence showing that a duty of care was owed to the deceased by the party at fault.
You will need to show how the liability party breached or violated their duty of care. This may be through actions or inaction that would have been taken by any reasonable person in this type of situation.
You must prove the defendant’s breach of duty directly resulted in your loved one’s death.
You must show that your loved one’s death is due to the defendant’s direct action and not due to any other causes.
At The Shrable Law Firm, we understand that Georgia’s wrongful death claims can be quite complex since these are highly involved cases. This is why these types of lawsuits almost always required the expertise and skill of experienced personal injury lawyers. The documentation, processes, and systems that are involved are complex and difficult for families to follow and understand. However, an attorney can easily cover all of the necessary steps. This is why you should allow us to handle these legal issues for you so that you can focus on your healing and grieving.
What Is The Difference Between An Estate Claim And Wrongful Death Claim?
Two different types of claims can be filed following a wrongful death in the state of Georgia. In a wrongful death claim, you will be compensated for the entire value of the deceased’s life. This is what the surviving party (the individual who is related to the deceased person) files on behalf of the deceased loved one. Monetary recompense is pursued damages that relate to work-related benefits, lost wages, loss of consortium, and the loss of intangible benefits include household obligations, parental responsibilities, companionship, care, and love.
An estate claim is the other type of claim, where recovery is pursued the financial losses that your family or you have suffered due to your loved one’s death. As the plaintiff of the lawsuit, you will be the estate for the decedent who is seeking reimbursement for the losses or damages that relate to your loved one’s unexpected death. These losses may include burial and funeral costs, medical expenses as well as pain and suffering that was experienced by the deceased before her or his death.
You are allowed to file both of these types of claims at the same time under Georgia Wrongful Death Law.
Talk to a Georgia Wrongful Death Lawyer
You should seek the guidance and advice of an experienced and skilled personal injury attorney if you are planning to file a wrongful death claim. We have the necessary resources and qualified legal experts at the Shrable Law Firm that are needed to ensure that justice is served for the death of your loved one. However, we can only take on a limited number of clients at any given time to allow our attorneys to focus all of their attention and time on the cases they work on without becoming overburdened.
When you contact us for assistance, the very first thing we will do s help you get an estate plan or will set up if one had not been drafted by your deceased loved one. Or you can choose someone to fill that role. Be aware that you can file a claim still without needing to have a representative.
We then can investigate what caused your loved one’s death in order to death if your case has merit according to the Georgia Wrongful Death Law. In this matter, we may name a likely defendant. After you chose to retain our attorney, we will collect and file all of the necessary documents to get the process started as soon as possible. Be aware that these legal procedures will take time, but we will do whatever we can to expedite this process so your family and you do not get subjected to any unnecessary delays.
Contact our law offices and get your free case evaluation scheduled today. The Shrable Law Firm takes on cases on a contingency fee basis which means you only will need to pay us after we have won your case claim, and you have been compensated for your loved one’s wrongful death.