The term “wrongful death” is legally defined as the death of an individual caused by the negligence, recklessness or intentional act of another. Surviving family members or the executor of the victim’s estate can file wrongful death claims. In Georgia, however, there are strict statutes that govern over this type of lawsuit. An Augusta wrongful death lawyer at Ted A. Greve & Associates will be well aware of the relevant statutes and make sure that everything is handled as it should be.
Losing a loved one is hard enough on its own. When that death occurs as a result of someone else’s actions, your pain will only be compounded. The majority of wrongful deaths occur in car accidents, often involving a driver under the influence, and a car accident lawyer in Augusta will be able to help you pursue a claim in accordance with the applicable driving laws. In 20+ years of experience, our attorneys have handled all types of cases and are ready to put that experience to use for you. Call our offices today at (844)387-8677 and speak with one of our wrongful death experts. They know the pain you are suffering through and will stop at nothing to get you the justice that you deserve for the loss of your loved one.
Who is Entitled to File a Wrongful Death Claim Under Georgia’s Laws?
Georgia’s wrongful death statutes state that the deceased person’s spouse is entitled to file a claim on behalf of him or herself and the surviving children. According to the statute, the spouse should receive no less than one-third of the total winnings of the claim, while the remainder will be divided between the deceased’s living children. If the deceased person’s spouse refuses to sue the negligent party, however, the children are not entitled to file a claim even if they would like to.
Illegitimate children and common-law spouses may also file for a wrongful death claim as long as they fit the criteria that specifically apply to this type of case. If the deceased was single and had no children, surviving parents or the victim’s executor of the estate can file suit.
Augusta Wrongful Death Statistics
According to the Centers for Disease Control and Prevention (CDC), there are almost 225,000 people killed each year due to unintentional injury. The CDC has classified unintentional injury as the fourth leading cause of death in the United States. Motor vehicle accidents cause the most unintentional injury deaths, taking the lives of more than 45,000 people annually. Falls are the second most frequent cause of fatalities, responsible for killing more than 44,000 people each year.
If you have lost a loved one due to someone else’s negligence, contact a wrongful death lawyer to find out what legal recourse you may have.
What Can Be Recovered From a Wrongful Death Lawsuit?
Naturally, wrongful death lawsuits will include reimbursement of any medical expenses that the deceased may have incurred before succumbing to death, as well as funeral and burial expenses. However, there are also other items that may be included in the calculation of the claim amount.
Georgia’s wrongful death statutes define recoverable damages as the “full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived”. This is where the calculations can get a bit complicated due to several factors that come into play, including earning potential, possible salary increases, and inflation.
Loss of companionship, protection, as well as parental guidance, will also be taken into account. Seeing as these factors are almost impossible to convert to monetary units, judges usually ask the jury to award the surviving family the amount that they see fit. According to Georgia laws, pain and suffering are not included in the list of recoverable damages for wrongful death claims, as only the deceased person experienced this.
The amount that can be recovered is also impacted by who the claim is against. An individual will have fewer resources than an institution, such as a hospital in the case of a medical malpractice wrongful death case, limiting the amount that can be recovered.
Hire a Ted A. Greve & Associates, P.A. Augusta Wrongful Death Lawyer to Represent You
Ted A. Greve & Associates, P.A. has vast experience in handling wrongful death claims. While the firm’s attorneys understand that money will not make up for the loss of their clients’ loved one, it can surely make moving on with their lives a little bit easier because they will not have to worry about suffering financially. This is why they strive to obtain maximum compensation for their clients’ loss.
If you have lost a loved due to wrongful death, call (844)387-8677 for a free consultation. The attorneys at Ted A. Greve & Associates, P.A. will evaluate your case and discuss your options with you without obligation. Furthermore, they work on a contingency fee agreement, which means they do not get paid until they’ve won your case and you’ve received your claim.
Preparing For A Wrongful Death Consultation
Losing a family member can be overwhelming, but your Augusta, GA wrongful death lawyer can help you find a way forward. At Ted A. Greve & Associates, we’ve spent years helping our clients with cases just like yours – and our legal team has plenty of experience in all kinds of injury, malpractice, and wrongful death cases. Read on to see how you can prepare for your first consultation:
1. Gather Essential Documents
Before your consultation, compile all documents that are connected to your loved one’s death. These may include the death certificate, any known wills or estate documents, medical records related to the final illness or injury, and any existing life insurance policies. These documents will provide crucial details that can help your legal team understand the case better.
2. Document Your Relationship And Financial Impact
Prepare information that details your relationship with the deceased. This includes how you are related, your history together, and most importantly, the financial impact their death has had on your life. If you were financially dependent on the deceased, gather evidence such as bills, expenses, and your own financial statements which highlight this dependency.
3. Create A Timeline Of Events
If the death was due to an accident or involved medical treatment, creating a timeline of events leading up to the death can be incredibly helpful. Include dates, locations, and the names of any involved parties or witnesses. This timeline can help your lawyer understand the sequence of events and pinpoint where things may have gone wrong.
4. List Potential Witnesses
If there were witnesses to the events that led to your family member’s death, or if there are coworkers, friends, or family who can vouch for your loved one’s health and your relationship, list their names and contact information. Witnesses can provide essential insights that support your case.
5. Reflect On Your Goals
Understanding what you wish to achieve from your legal actions is crucial. Whether it’s seeking financial compensation, holding someone accountable, or simply understanding more about the circumstances of your loved one’s death, knowing your goals will help your attorney provide the best possible advice and strategy.
6. Prepare Your Questions
You will likely have many questions about the legal process, potential outcomes, and what to expect. Write these questions down so you don’t forget to ask them during your consultation. Understanding the legal process will help you feel more in control and less overwhelmed, and the sooner you ask your Augusta wrongful death lawyer these questions, the better.
7. Know Your Legal Rights
While you don’t need to be a legal expert, having a basic understanding of your rights in a wrongful death scenario can be beneficial. Researching state-specific laws or general legal guidelines regarding wrongful death can help you understand the legal framework surrounding your case.
Don’t Hesitate, Contact Us Today
Preparing for a legal consultation after the death of a family member involves gathering important documents, preparing emotionally, and setting clear objectives for the meeting. At Ted A. Greve & Associates, we are committed to helping you through this challenging time with dignity and respect. Contact our office today, and see how an Augusta wrongful death lawyer from our team can help.
