Have you lost your loved one because of another’s actions? Are you wondering whether or not you are entitled to any benefits because of your relationship with the deceased? Well, you need the best Evans wrongful death lawyer for the best results.
At Ted A. Greve & Associates, we have extensive experience handling wrongful death claims in Georgia. Our firm has been serving grieving families for more than 25 years and we have helped hundreds of clients receive just compensation. Call our Evans personal injury lawyers today at (844) 387-8677 for a free consultation about your wrongful death case.
How Is Wrongful Death Defined In Georgia?
In Georgia, the Wrongful Death Act has been in existence for the last 100 years. There have been a few addendums to the Act over the years to reflect various legislation. The Act encompasses 5 code sections with the various legal grounds where a person can file for a wrongful death claim in Georgia.
These include the following:
- Criminal Actions – Any criminal actions resulting in the death of a loved one, including intentional homicide.
- Medical Malpractice – It includes medical injury, misdiagnosis, medication errors, and surgical errors.
- Defective Products – Wrongful deaths can be caused by defective or dangerous consumer products such as medical devices, appliances, drugs, electronics, and vehicles. Therefore, you can file a product liability claim and cite wrongful death for compensation
- Engineering Malpractice and Faulty Construction
- Nursing Home Abuse and Neglect
- Contaminated Food And Other Sanitation Issues in Commercial Establishments
- Negligence – such as Car Accident & Pedestrian Accident Fatalities
- Illegal Or Improper Alcohol Service – Especially if a bartender continues to serve alcohol to a visibly intoxicated person.
Regardless of the reason for wrongful death, you need to work with the best legal advisors to help out. Talk to Ted A. Greve & Associates and we can help you claim compensation for the wrongful death of your loved one. Having worked on many wrongful death claims in the past, we are in the best place to help you with your claim.
Who Is Qualified To File A Wrongful Death Claim In Georgia?
A wrongful death lawsuit allows a living family member to file a claim on behalf of the deceased. However, only a few living members are allowed to file the claim. These include the following.
1. Spouse Of The Deceased – If you were married to the deceased, you can file a wrongful death claim. You can also file a claim on behalf of the deceased’s children who are under 18 years of age. As the spouse, you are entitled to a third of the financial recovery from the claim.
2. Children of the Deceased – Children of the deceased can file a claim if there is no surviving spouse.
3. Parents Of The Deceased – If the deceased was not married or there is no surviving spouse or children, the surviving parents will file the wrongful death claim.
4. Estate Representative – If any of the above people are not available, the estate of the deceased will have a designated representative who will file a suit on behalf of the next of kin.
What Types Of Damages Are Recoverable?
Wrongful death claims can be filed in two ways with each focusing on the various types of damages available. The first type is brought by the surviving family members of the deceased or by their representative. It takes into account the full value of the life of the deceased. It includes:
- Financial losses such as lost income and wages that the deceased would have earned if they lived.
- Intangible losses such as the loss of care, companionship, and other benefits that the family members would have received if the deceased had lived.
The second type of claim will be filed by a representative of the deceased’s person’s estate. It is known as the estate claim and makes up for the financial losses related to the deceased’s death. The damages recoverable in this case include:
- Funeral and burial costs
- Medical costs for the treatment of the past injuries and illnesses the deceased underwent.
- Pain and suffering endured by the deceased before they passed away.
Can Surviving Family File For Punitive Damages In A Wrongful Death Claim In Georgia?
Punitive damages are not included in a wrongful death claim in the state of Georgia. However, that does not mean no punitive damages can be pursued. They are instead a part of the estate claim, which is a separate legal action filed by the administrator of the deceased’s estate.
How Is Negligence Proven In A Wrongful Death Case In Georgia?
If you are filing a wrongful death claim based on negligence, you must be able to prove the following.
1. Duty – You must prove that the guilty party owed the deceased a duty of care in the situation at hand.
2. Breach – Next, you must prove how the guilty party violated or breached the duty of care. It could have been done through a specific action or inaction where any other individual in the same situation would have done the right thing.
3. Damage – You must prove that the breach of the duty of care resulted in the death of the deceased.
4. Causation – You must prove that the death of the deceased was caused only by the actions of the guilty party and nothing else.
If you choose our Evans wrongful death lawyers, you can rest assured that we will have the relevant evidence to prove the following and make sure that you are compensated for the wrongful death of your loved one.
How Do You Start A Wrongful Death Claim In Georgia?
You have 2 years from the date of the deceased to file a wrongful death claim. If you don’t file the claim within 2 years, it will become voided and you will not receive any compensation. When you want to file a claim, you should start by contacting our law firm. We have worked on numerous wrongful death cases before and are ready to help with yours.
Contact Our Evans Wrongful Death Lawyers
The death of a loved one can be distressing. That’s why you need to work with the best attorneys to help you through the process of filing a claim. We are here to help you with the legal matters regarding filing a claim. Call us now at (844) 387-8677 to get a free initial consultation on your case. We are ready to help.