If someone you love has been killed due to the negligence of a business, product, misdiagnosis, vehicle accident, medical error, neglect or nursing home abuse, sanitation issue, pedestrian accident, surgical error, or another issue that you have no control over. In that case, your family may be eligible to file for a wrongful death claim for your loved one’s demise. Although this is a difficult time, it’s important to take measures to protect your family from the financial losses incurred due to the loss of your loved one. Your Alpharetta wrongful death lawyer can help.
At H. Groves Law, we have years of experience representing families just like yours. We offer a free consultation regarding wrongful death. Give us a call today at (770) 329-1868 to find out if you’re eligible for a wrongful death lawsuit. We’ll evaluate your case and help you navigate the court system to determine if you’re eligible to file a wrongful death claim. Our personal injury lawyers can file your claim and prepare your case to present it to a court. The sooner you file, the sooner you can be compensated for your loss.
It’s important to know that you only have two years from the time of the death to file your wrongful death claim. The sooner you file your claim, the sooner you can begin to receive compensation for your claim. Don’t risk losing out on compensation and benefits that may be due to you. Call today to find out if your case is eligible for a wrongful death claim.
How is Wrongful Death Defined in the State of Georgia?
In the state of Georgia, The Georgia Wrongful Death Act has been in existence for over 100 years. In addition, there are. There have been numerous addendums added over the years. These are the 5 section codes of the Wrongful Death Act outlining the various legal grounds that are eligible to file a wrongful death claim in the state of Georgia. These include, but are not limited to, the following:
- Criminal Actions: These include home and any other criminal actions that may lead to a person’s death.
- Medical Malpractice: Including surgical errors, misdiagnoses, medication errors, or medical injuries.
- Defective Products: Defective products that lead to the death of someone, including those caused by dangerous or defective consumer products, including drugs, medical devices, appliances, vehicles, electronics, and more.
- Faulty Construction and Engineering: Any faulty construction or engineering on products or services.
- Nursing Home Abuse or Neglect: The death of a person due to nursing home abuse or neglect.
- Contaminated Food: Seafood contamination of food or lack of sanitation issues in any commercial establishment.
- Driving Under The Influence: Any death due to a driver being impaired or intoxicated via illicit drugs or alcohol.
- Pedestrian Accidents: Fatalities due to a pedestrian accident.
- Illegal or Improper Alcohol Service: Including bartenders serving alcohol after a person is visibly intoxicated.
Who Is Qualified To File A Wrongful Death Claim In Georgia?
The intent of a wrongful death lawsuit is to allow surviving family members to file a case on behalf of their loved one (the decedent). In the state of Georgia, the only person who can file this is the deceased’s spouse. The spouse can file on behalf of any children of the deceased if they are under the age of 18. The spouse is entitled to one-third of the financial recovery from the wrongful death claim.
If the deceased person is unmarried and has no children, surviving parents may file the claim. If the deceased person’s parents are also deceased, it is also permissible for a wrongful death claim to be filed by a designated representative of the deceased person’s estate. In such cases, damages won will go to their estate to be distributed among any surviving next-of-kin.
What Types of Damages Are Recoverable?
It can be devastating when a family member dies. It can feel especially unsettling when their loss of life could have been prevented had someone taken the appropriate measures. When someone dies due to negligence of another party, surviving family members may find some closure by filing a wrongful death claim against the responsible person.
Wrongful death damages may include the “full value of the life of the decedent.” This can include economic loss, intangible loss, and noneconomic loss; these losses may include the following:
Lost Wages
The wages of the deceased and the wages they may have earned had they survived as well as any benefits or services they may have accomplished had they survived.
Loss Of Companionship
The loss of advice and counsel as well as the loss of sexual relations between a married couple. Additionally, damages may be recovered that compensate the estate for losses.
Funeral Expenses
The cost of the funeral, including embalming, casket, burial, cremation, etc. Each case is evaluated on an individual basis.
Medical Expenses
Any medical expenses, including emergency treatment procedures, medications, and other medical services rendered in relation to the decedent’s injury and death.
Pain And Suffering
Any pain and suffering the decedent suffered prior to their death.
Time Limit For Filing a Wrongful Death Lawsuit
Although the family may be grieving, the law will only allow them to file a wrongful death claim within two years of the date of their death, so it’s vital to contact an attorney like H. Groves Law as soon as possible after the death to file your claim. This is called the statute of limitations. You can reach H. Groves Law at (770) 329-1868 for your free consultation. The sooner you file, the sooner you can find out if you’re eligible for compensation.
Can The Surviving Family File For Any Punitive Damages?
In the state of Georgia, only the spouse of the decedent may file a wrongful death claim. If the decedent is unmarried, their parents or a designated representative of their estate may file the claim. No other family member may file for a wrongful death claim unless the person was unmarried or a widow; in such a case, the decedent’s parents may file the wrongful death claim, or an estate representative may file the wrongful death claim.
How’s Negligence Proven In A Wrongful Death Case?
Duty: The plaintiff is required to show the court that the defendant was owed the decedent a duty of care in the situation.
Breach: The plaintiff must demonstrate to the courts how the defendant breached or violated their duty of care. This could be via specific actions or their inactions when another person presented with the same situation would have acted appropriately.
Damage: The case must prove that breach of duty directly resulted in the death in question.
Causation: The plaintiff must be able to prove that the death resulted from the actions of the defendant and not due to other causes.
How Do You Start A Wrongful Death Claim In Georgia?
In order to file a wrongful death claim in Georgia, you must first determine if there is a case of wrongful death. Call H. Groves Law at (770) 329-1868 to get your free consultation on your case. H. Groves Law will review your case with you at no charge and let you know if you have a case for wrongful death. If you do have a case for wrongful death, they can file your claim and begin the process of your claim. They will build your case and negotiate for the best possible settlement in your case.
What Is The Difference Between A Wrongful Death Claim And An Estate Claim In Georgia?
A wrongful death claim is filed by the decedent’s family to recover from their financial loss. An estate claim is filed on behalf of the decedent’s estate, and the wrongful death claim compensation goes back into their estate to be distributed to their surviving family members.
If someone you love has been killed due to the negligence of another person or business, you may have a case for a wrongful death claim. It’s vital to file this wrongful death claim within the two-year time limit, or you may not be able to file your claim and receive compensation for your wrongful death claim.
Contact An Alpharetta Wrongful Death Lawyer Today
Your wrongful death claim may net future lost wages from the decedent, future potential earnings, medical bills, pain and suffering, funeral costs, and more. At H. Groves Law, we know that this is a difficult time for a family, and we want to make it a bit easier by offering a free consultation on your wrongful death claim. If you don’t have a case, we’ll let you know; if you do have a case, we can represent you on a contingency basis. This means that we don’t get paid if you don’t win your case for wrongful death. In Alpharetta, we evaluate each case individually as no two cases are alike. The longer you wait to call, the longer it will be until you receive compensation for your loss.
You deserve to be compensated for your loss. Don’t leave this to chance. Call H. Groves Law at (770) 329-1868 today and let us help get your case started for your wrongful death claim. We’ll help you to navigate the court system and help you to determine if you can move forward with your wrongful death claim. Remember, we give you a free consultation to review your case.
