If you have lost someone you love due to the negligence of another person or entity, we first and foremost want to say that we are deeply sorry. No amount of money or compensation can make the grief of losing a loved one easier, but it can help you get through financially and provide for your family. These cases are a tragedy and the preventable nature of them makes it so that the pursuit of compensation is typically the only way to get justice. Families often feel this loss on an emotional level, but it is also common to feel the loss on a financial level, as well. Our Georgia wrongful death attorneys will fight hard to get you the compensation you and your family needs. After you read about your case a bit, please do not hesitate to call our office to set up your free, no-obligation case evaluation.
Basics About Georgia Wrongful Death Claims
Legally speaking, the term wrongful death is something that would apply to the loss of someone’s life due to another acting in a careless, negligent, or deliberate manner. Wrongful death cases will hold the liable party accountable in a lawsuit action, seeking compensation against them. The way to get compensatory damages and sometimes punitive damages is to prove their negligence in some way caused the loss of your loved one. Again, we understand that this may not help heal the emotional damages, but we do want to help you recover for the financial damages.
How a Georgia Wrongful Death Claim Works
The first step to any wrongful death claim when a client comes into an office is to be able to find out whether or not their circumstances fall under the definition of wrongful death and if they will have an eligible claim. In order to have a claim, there has to be either an individual or an entity who is directly responsible in the cause of your loved one’s death. An attorney will be asked to prove that there was negligence involved in your loved one’s death. It could either be that they did not do something to protect your loved one or that they did something wrong that could have been prevented which caused the fatality.
For example, if there is a doctor caring for someone, they have a duty to provide a certain standard of care to a patient. If they are negligent and their patient dies, the family of the patient will be eligible to bring a wrongful death case against that medical practitioner. The attorney’s job is to prove that the doctor’s actions was, in fact, a direct cause of the patient’s death. Furthermore, there is a burden of proof that the family is going to be suffering financially due to this passing.
Our attorney knows how to successfully bring cases such as these to fruition and is willing to help you and your family seek the compensation you deserve. There is a lot of work to be done, so if you believe your loved one suffered a wrongful death, please call our office right away to set up a consultation.
Wrongful Death Compensation and Damages
There are a few things for which you may be able to seek compensation if you are a surviving family member of a person lost to wrongful death. These damages include medical bills (in some cases), funeral/burial costs, as well as punitive damages. Punitive damages are damages that are sometimes available to the family if the liable party acted in a criminal matter that caused your loved one’s death. Punitive damages are to punish the responsible party.
You may also be able to seek wrongful death lawsuit damages, including:
- Pain and suffering of the lost family member
- Lost wages that would have been provided to the family
- Loss of a personal relationship with the family member
- Loss of benefits from work including retirement benefits
Georgia law states that only particular individuals are permitted to bring a wrongful death case. It is according to Georgia statutes that the only people who are allowed to recover compensation on behalf of the deceased are:
- The spouse of the victim
- The children of the victim if there is no spouse
- The parents of the victim of there are no children or spouse
- The executor of the victim’s estate in instances where there are no aforementioned claimants
It is also a part of Georgia state law that, when a spouse receives wrongful death compensation but there is no will in place, that they must allocate the compensation award with any children of the deceased. If the children are still minors, they will have their portion of the compensation award placed under a guardian’s name where it will be kept until they turn eighteen years old.
Call Our Georgia Wrongful Death Attorneys Today
If you need a supportive and understanding Georgia wrongful death attorney to represent you and your family, please do not hesitate to call us today to set up a free initial consultation.