If someone you love has been killed or died due to a work injury, surgical error, medication error, misdiagnosis, vehicular related death, faulty engineering or construction issue, nursing home neglect or abuse, drug-related, food contamination, or sanitation issue in a commercial establishment, illegal alcohol service, pedestrian accident or some other incident that you or your loved one had no control over, you may be eligible to file a claim with a North Augusta wrongful death lawyer.
If, through no negligence on your loved one’s part they suffered and died, you may be able to file a wrongful death claim. Give us a call today and let us help you navigate the court system to see if you qualify for compensation for your loved one’s demise. Per the state of Georgia statute of limitations you only have two years from the time of their death in which to file your claim. Don’t risk losing out on the compensation that you deserve.
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How is Wrongful Death Defined in the State of Georgia?
In the state of Georgia, the term “Wrongful Death” has been in use for well over 100 years. Several different addendums have been updated and added over the years keeping the laws updated and relevant to current laws. Today, there are code sections of Wrongful Death that outline the possible legal grounds to file a Wrongful Death Claim in the state of Georgia. It’s important to read over these carefully and contact an attorney should you have any questions as to whether or not you qualify to file a wrongful death claim.
These code sections are as follows:
- Criminal Actions (Intentional homicide etc.).
- Medical Malpractice (surgical errors, misdiagnosis, medical injury, or medication errors).
- Defective Products (product malfunctions, appliance malfunctions, drug or medical devices, electronic devices, vehicles that have liability claims, faulty construction, engineering errors, etc.).
- Nursing Home Neglect or Abuse (any abuse or neglect in a nursing home or assisted living situation).
- Drugs or DUI (including alcohol) (driving under the influence of medications, street drugs, or alcohol).
- Food Contamination in commercial establishments (including improperly prepared foods).
- Pedestrian accidents/fatalities.
- Illegal or improper service of alcohol (bartenders who continue to serve someone who is intoxicated).
Who is Qualified to File a Wrongful Death Claim in Georgia?
In a wrongful death claim in the state of Georgia, only the spouse of the deceased can file a wrongful death lawsuit. This is done for the spouse and any of the decedent’s children. If the victim was not married, any of the victim’s children may file a wrongful death claim. The spouse, by the laws in the state of Georgia, is entitled to at least one-third of the full financial recovery.
What Types of Damages Are Recoverable?
- Full Value of the decedent’s life including any potential future earnings that the decedent would have earned had they lived out their full life term.
- Funeral costs
- Medical Expenses including any pain and suffering that the decedent may have had to endure due to their injuries prior to their death.
Can Surviving Family File For Punitive Damages?
In the state of Georgia, only the decedent’s spouse may file for punitive damages. However, should the decedent not be married at the time of death, any surviving children may file for punitive damages. It’s important to note that the Wrongful Death lawsuit must be filed within two years of the incident causing the death.
How is Negligence Proven in a Wrongful Death Case?
In the state of Georgia, a Wrongful Death may be proven by showing that the defendant had the responsibility to exercise due caution (such as not driving when under the influence, etc.).
- Duty – The plaintiff must demonstrate that the defendant had the responsibility to exercise due caution and failed to do so.
- Breach – The plaintiff must demonstrate the way that the defendant was in violation of the duty of care. It may be via their actions or failure to act.
- Damage – The plaintiff must demonstrate how the defendant failed to act and thus the action resulted in a death.
- Causation – The plaintiff must be able to show how the defendant is to blame for the death by their actions and not some other reason.
How Do You Start a Claim in Georgia With a North Augusta Wrongful Death Lawyer?
In the state of Georgia, in order to start a wrongful death claim, the decedent’s spouse, or if there is no spouse, any surviving children, must consult with an attorney and request a wrongful death claim. The attorney will guide them through the process. Keep in mind that the claim must be filed within the two-year time limit of the date of death. After the two-year time period, it will be much more difficult, if not impossible, to file a wrongful death claim.
What is the Difference Between a Wrongful Death Claim and an Estate Claim?
In the state of Georgia, a wrongful death claim is a civil claim that is brought by the family. An estate claim is a claim that ib brought forth by the estate to seek financial compensation associated with the estate to compensate for the financial loss of the victim.
If someone you love has died due to the negligence of another, you may have the potential for a wrongful death claim. Give us a call today and let us help you to navigate the court system to see if you qualify to file for a claim. Remember, you only have two years to file your claim, after the two-year anniversary of the demise of your loved one, you may not be able to file for any form of compensation.
If someone you love has died due to the negligence of another, you deserve fair compensation for your loss. This compensation may include any future potential earnings, pain, and suffering (if your loved one was hospitalized for a period of time after their injury or accident), funeral costs, and more. Don’t risk losing out on any potential compensation, contact us today at (844) 387-8677 and let us at Ted A. Greve & Associates help you to navigate the court system for your potential wrongful death claim lawsuit.