Killing a loved one is probably the most tragic thing one may ever do, and if it happens as a result of negligence by another entity, then it is more than one can emotionally or financially handle. Georgia wrongful death statutes have it that bereaved families have channels through which they can access justice as well as compensation for their loss. If your deceased loved one was killed in a senseless act of murder in an accident, an Atlanta wrongful death lawyer will make your case in court and protect your interests.
This is an overview of Georgia law regarding wrongful deaths, who can sue, what you recover damages for, and how to use an Atlanta wrongful death lawyer to assist you in pursuing justice.
What Is a Wrongful Death in Georgia?
Georgia wrongful death is legally a definition through statute of death due to negligence, willful or intentional action by another party. It would encompass the following:
- Car crashes involving intoxicated or drunk drivers
- Death resulting from medical malpractice
- Death as a result of accidental events in situations where one worked under risky working conditions
- Death as a result of harm from defective products
- Murder or assault and other felony acts
For wrongful death, one would have to establish that death is caused by fault or negligence of a third party. An experienced Atlanta best wrongful death attorney can advise on how to obtain the evidence necessary to be in a place to prove the case.
Who Can Sue for Wrongful Death in Georgia
Not everyone is statutorily entitled to bring an action for wrongful death in Georgia. Statutory priority is mandatorily compulsory:
- Surviving spouse – Spouse takes the priority. If there are minor children, then the spouse brings the action on their behalf.
- Children of the deceased – If there is no surviving spouse, then the children bring the action.
- Parents of the deceased individual – In the event that the deceased individual was not married and did not have children, his parents will be in a position to institute the action.
- Administrator of the estate – Where the deceased lacks a next of kin, the action may be instituted by an administrator of the estate appointed by a court of the deceased.
A wrongful death attorney Atlanta will be able to determine who can file the suit and assist them in it.
What Is Recoverable in a Wrongful Death Lawsuit?
Georgia wrongful death suits are structured to give money to the surviving relatives of the deceased for their loss in financial damages. These damages in such cases most commonly consist of two types:
1. Economic Damages
These are financial loss of death, i.e.:
- Medic charges until death
- Cost of funeral and burial
- Income and benefits that would have gone to the deceased
- Loss of home services by the deceased
2. Non-Economic Damages
These are for non-bodily loss, i.e.:
- Pain and suffering endured by the deceased until death
- Loss of love, companionship, and guidance to surviving spouse, children, and other dependents
- Emotional distress endured by the family
It is possible for an Atlanta wrongful death lawyer to evaluate damages for their value so that the family can be compensated rightfully so.
How Long Do You Have in Which to Sue Wrongful Death in Georgia?
Georgia code statute limitations provide that a specific time period within which an action for wrongful death is to be filed must exist. Action typically must be filed within two years from the date on which the individual died. Time is partially tolled, but:
- Where the case is criminal in nature the case is, time can be tolled until the case ends.
- Where against the state the suit is filed, there are expedited procedures and short deadlines.
Failure to meet deadlines will result in loss of right to recover damages. All the legal process deadlines can be fulfilled with the assistance of the best wrongful death attorney Atlanta.
How to Prove a Wrongful Death Case
In order to succeed on a wrongful death case, the plaintiff must prove:
- Duty of Care – Duty of care was owed by the negligent defendant to the victim. e.g., drivers to obey traffic lights, doctors to obey specialist medical advice.
- Breach of Duty – The defendant had breached duty of care by dangerous, negligence, or reckless conduct.
- Causation – The wrongful act in itself resulted in the killing of the victim.
- Damages – The grieving family members suffered emotional and monetary damages from the loss.
An experienced Atlanta wrongful death attorney can establish evidence, hire experts, and develop a strong case to establish these variables.
Why You Should Have an Atlanta Wrongful Death Lawyer
Wrongful death claims are complex and emotionally draining. Your top Atlanta wrongful death attorney is what will make the difference between winning and losing your case. These are some of the ways they will help you:
- Investigating the Case: A lawyer will look for medical records, crash reports, witness statements, and expert testimony to build a strong case.
- Negotiation with Insurers: Insurers will attempt to offer less. A quality best wrongful death lawyer Atlanta will battle to secure fair compensation.
- Suing: If there is an unfair settlement, the attorney can sue and battle for your family’s rights.
- Emotional Support: It is difficult to grieve a deceased loved one, and an empathetic attorney can guide the client through the law while comforting and sympathizing.
Selecting the Best Atlanta Wrongful Death Lawyer
When selecting a lawyer, keep the following in mind:
- Experience – A lawyer who handles wrongful death is ideal.
- Reputation – Look at ratings and reviews from previous clients.
- Compassion – Select a lawyer who will care about your suffering and fight your case.
- Results – See how they did with settlements and judgments obtained in the past.
A top wrongful death attorney Atlanta will possess the talent and vigor to make you a good settlement prospect.
Conclusion
Georgia wrongful death statutes are implemented to enable families to sue for justice over the untimely death of a family member as a result of negligent or reckless behavior. If you are in this worst situation, you can hire the services of a competent wrongful death lawyer Atlanta to battle for your rights and have you receive fair compensation.
Your wrongful death lawyer in Atlanta will guide you through step by step from filing suit through to negotiation or trial. Call now—speak with Atlanta’s leading wrongful death attorney today and set justice in motion.