Wrongful Death Lawyers in Georgia

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If someone you love passed away due to another person’s negligence, it is natural to feel unsure of what to do or where to turn. In Georgia, you have the right to take legal action against any party that acted negligently and caused the death of a loved one, and Georgia wrongful death lawyers can help you navigate this process. A successful legal claim can help you recover the compensation you need for the funeral and burial expenses you incur, as well as other losses.

Wrongful death claims, though, are extremely complicated and there are many laws that will affect your case. Atlanta wrongful death lawyers play a crucial role in guiding families through this challenging process. They provide the necessary legal representation to maximize damages and achieve significant settlements, while also offering compassionate support to grieving families during difficult times. Below, our Georgia wrongful death attorney explains what these are and how you can claim the full settlement your family deserves.

What is Wrongful Death in Georgia?

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GEORGIA’S WRONGFUL DEATH ACT

Georgia’s Wrongful Death Act provides the legal framework for families to seek justice and compensation when a loved one’s death is caused by the negligence or intentional actions of another party. This act allows surviving family members to file a wrongful death claim to recover damages for the “full value of the life” of the deceased, which includes both economic and non-economic losses.

Under this act, the compensation can cover a wide range of damages, such as medical expenses incurred before death, funeral and burial costs, loss of income, and the emotional pain and suffering experienced by the family. The act also outlines who is eligible to file a wrongful death claim, typically prioritizing the surviving spouse, children, and parents of the deceased.

Understanding the provisions of Georgia’s Wrongful Death Act is crucial for ensuring that you receive the full compensation you are entitled to. Consulting with a knowledgeable wrongful death attorney can help you navigate the complexities of this law and build a strong case.

TYPES OF WRONGFUL DEATH CLAIMS

There are several types of wrongful death claims that can be filed in Georgia, depending on the circumstances of the case. Some common types of wrongful death claims include:

• Medical Malpractice Claims: These claims arise when a healthcare provider’s negligence or recklessness results in the death of a patient. For instance, surgical errors, misdiagnosis, or failure to diagnose can lead to fatal outcomes, making the healthcare provider liable.
• Car Accident Claims: These claims occur when a driver’s negligence or recklessness results in the death of another person. Common scenarios include drunk driving, speeding, or distracted driving, all of which can have devastating consequences.
• Product Liability Claims: These claims arise when a defective product causes the death of a person. This can include faulty design, manufacturing defects, or inadequate warnings that lead to fatal accidents.
• Workplace Accident Claims: These claims occur when a worker is killed on the job due to the negligence or recklessness of an employer or coworker. Industries such as construction, manufacturing, and transportation are particularly prone to such tragic incidents.
• Nursing Home Abuse Claims: These claims arise when a resident of a nursing home is killed due to the negligence or abuse of the nursing home staff. This can include physical abuse, neglect, or emotional abuse that leads to the untimely death of a vulnerable resident.

Georgia wrongful death lawyers have the expertise to handle these various types of claims and can guide you through the legal process.

Understanding the type of wrongful death claim applicable to your situation is crucial. Consulting with an experienced wrongful death attorney in Georgia can help you navigate the complexities and ensure you pursue the appropriate legal action.

COMMON CAUSES OF WRONGFUL DEATH

Wrongful death can occur in a variety of ways, each with its own set of tragic circumstances. Some of the most common causes of wrongful death in Georgia include:

• Car Accidents: Car accidents are a leading cause of wrongful death, particularly those involving drunk driving, speeding, or reckless driving. These incidents often result in severe injuries that can be fatal.
• Medical Malpractice: Medical malpractice can result in wrongful death, especially in cases involving surgical errors, misdiagnosis, or failure to diagnose. When healthcare providers fail to meet the standard of care, the consequences can be devastating.
• Workplace Accidents: Workplace accidents can result in wrongful death, particularly in high-risk industries such as construction, manufacturing, and transportation. Employers have a duty to provide a safe working environment, and failure to do so can lead to fatal accidents.
• Product Liability: Defective products can cause wrongful death, especially in cases involving faulty design, manufacturing defects, or inadequate warnings. Consumers trust that the products they use are safe, and when they are not, the results can be catastrophic.
• Nursing Home Abuse: Nursing home abuse can result in wrongful death, particularly in cases involving neglect, physical abuse, or emotional abuse. Vulnerable residents rely on caregivers for their well-being, and any breach of this trust can have fatal consequences.

Recognizing the common causes of wrongful death can help you understand the potential risks and take necessary precautions. If you have lost a loved one due to any of these causes, a wrongful death attorney can help you seek justice and compensation. Georgia wrongful death lawyers can help you understand these common causes and seek justice for your loved one.

WHAT CONSTITUTES A WRONGFUL DEATH CLAIM IN GEORGIA?

To pursue a wrongful death action successfully, it’s essential to establish duty, breach of duty, and causation, demonstrating tangible damages. A wrongful death lawyer will then provide evidence, such as outstanding medical expenses, funeral costs, and unforeseen financial burdens on the deceased’s relatives. Consulting with Georgia wrongful death lawyers can help you establish the necessary elements of your claim and gather the required evidence.

We understand the details of the law are often the furthest thing from your mind after your tragedy. That’s why we make this conversation as easy and comfortable as possible.

Determining Liability for a Wrongful Death in Georgia

Anyone who negligently causes a death can be held liable for a wrongful death in Georgia. Some of the most common liable parties in these cases are as follows:

• Healthcare providers
• Pharmaceutical companies
• Drivers
• Trucking companies
• Manufacturers and distributors of auto parts

As is any other type of personal injury claim, determining who is liable for a wrongful death is never easy. For example, if your family member died in a car accident, the liable party may not even be present at the scene. If a faulty auto part caused the death, the manufacturer of that part is liable. An attorney will conduct a full investigation to determine who is to blame. Georgia wrongful death lawyers can conduct thorough investigations to determine liability and build a strong case on your behalf.

The Statute of Limitations in Wrongful Death Claims

After losing a loved one, you only have a limited amount of time to file a wrongful death claim. This time limit is known as the statute of limitations. In Georgia, as throughout the rest of Georgia, you generally have only two years from the date of the death to file your claim. There are circumstances that can extend or shorten this time limit. For example, if medical malpractice caused the death, you may have as little as one year or up to five years to file your claim.

Additionally, if your loved one’s will has not gone through the probate process, the statute of limitations on a wrongful death claim is extended up to five years. Unlike in other states, Georgia has expressly refused to apply the discovery rule to wrongful death claims. This means that even if you did not discover that another person’s negligence caused the death until after your loved one passed away, you still just have two years from the date of the death to file your claim.

Regardless of the statute of limitations that applies to your claim, if you do not file before that time limit expires, you will forfeit your right to any compensation at all. For this reason, it is critical that you speak to a Georgia wrongful death lawyer as soon as possible after your claim. Consulting with Georgia wrongful death lawyers can help ensure that your claim is filed within the appropriate time limits.

IMPORTANT INFORMATION

Our wrongful death lawyers will, of course, answer all of your questions at your free legal consultation. However, it’s always a good idea to come to your meeting with a clear sense of the law and its implications for your tragic situation. Georgia wrongful death lawyers have the expertise to navigate these legal complexities and provide you with the guidance you need.

Here are some important things to understand about wrongful death law:

• All lives have value: This isn’t a feel-good sentiment- it’s state law. Under Georgia’s wrongful death statute, you have a right to pursue non-economic damages after the loss of your loved one. This means that poorer families are not disadvantaged by their loved one’s economic situation.
• Compensation issues are complicated: Determining the “full value of the life of the deceased,” in the words of Georgia’s wrongful death statute, is a complicated endeavor. You need a wrongful death lawyer who understands how to prove that value and tell the rich story of your loved one’s life.
• Moving quickly is vital: Whatever the specific cause of your loved one’s untimely death, it’s crucial that you speak to our wrongful death attorneys as soon as possible. After an accident, evidence has a tendency to disappear, and memories will fade if left untapped for long. Don’t hesitate in arranging a consultation.
• Who can file a suit: Under Georgia law, a surviving spouse can file a wrongful death suit. If there is no surviving spouse, the surviving children file the claim. If there are no children or spouses, the executor of the deceased’s estate can file a claim on behalf of the next of kin.

Who Can File a Wrongful Death Claim in Georgia?

Not everyone can file a wrongful death claim in Georgia. Generally, only family members can file a claim and they are assigned a certain priority. In order, the following people have the legal right to file a wrongful death claim:

• The surviving spouse of the decedent,
• The surviving children of the decedent,
• The surviving parents of the decedent, if they did not have a surviving spouse or children, and
• The personal representative of the decedent’s estate.

Georgia wrongful death lawyers can assist eligible family members with the filing process and ensure that all legal requirements are met.

If you lost a sibling to a wrongful death, you can only file a claim by going through your loved one’s personal representative of their estate.going through your loved one’s personal representative of their estate.

ROLE OF THE EXECUTOR OR ADMINISTRATOR

In Georgia, the executor or administrator of the deceased person’s estate plays a crucial role in the wrongful death lawsuit process. According to Georgia law, the executor or administrator is responsible for filing the wrongful death claim on behalf of the deceased person’s estate. This includes gathering evidence, negotiating with the defendant’s insurance company, and representing the estate in court.

The executor or administrator is also responsible for distributing the settlement or award to the beneficiaries of the estate, which may include the surviving spouse, children, parents, or other dependents. In some cases, the executor or administrator may need to obtain court approval before distributing the settlement or award.

It’s essential to note that the executor or administrator has a fiduciary duty to act in the best interests of the estate and its beneficiaries. This means that they must make decisions that are fair and reasonable, and that prioritize the needs of the estate and its beneficiaries.

If you are the executor or administrator of a loved one’s estate and are considering filing a wrongful death claim, it’s essential to consult with an experienced wrongful death attorney in Georgia. They can help guide you through the process and ensure that you comply with all relevant laws and regulations.

ROLE OF THE EXECUTOR OR ADMINISTRATOR

In Georgia, the executor or administrator of the deceased person’s estate plays a crucial role in the wrongful death lawsuit process. According to Georgia law, the executor or administrator is responsible for filing the wrongful death claim on behalf of the deceased person’s estate. This includes gathering evidence, negotiating with the defendant’s insurance company, and representing the estate in court.

The executor or administrator is also responsible for distributing the settlement or award to the beneficiaries of the estate, which may include the surviving spouse, children, parents, or other dependents. In some cases, the executor or administrator may need to obtain court approval before distributing the settlement or award.

It’s essential to note that the executor or administrator has a fiduciary duty to act in the best interests of the estate and its beneficiaries. This means that they must make decisions that are fair and reasonable, and that prioritize the needs of the estate and its beneficiaries.

If you are the executor or administrator of a loved one’s estate and are considering filing a wrongful death claim, it’s essential to consult with an experienced wrongful death attorney in Georgia. They can help guide you through the process and ensure that you comply with all relevant laws and regulations.

What challenges might I encounter in achieving the desired outcome?

When pursuing wrongful death cases in Georgia, judges and juries are tasked with determining awards based on the losses, pain, and suffering experienced by the deceased. Your wrongful death case will necessitate a thorough assessment of the victim’s prospective earnings, retirement benefits, savings, and inheritance, alongside considerations of their physical and emotional anguish prior to passing. Additionally, your legal counsel will advise on the potential pursuit of punitive damages against the liable party. Engaging Georgia wrongful death lawyers can help you overcome these challenges and achieve the best possible outcome for your case.

For families contemplating a wrongful death lawsuit in honor of a loved one, understanding who can initiate the claim under Georgia statutes is crucial. To ensure that the claim is effectively advocated for the benefit of the surviving relatives, it’s imperative to engage the services of a proficient wrongful death attorney.

What solutions does Chance, Forlines, Carter & King, PC offer to those affected by wrongful death?

At Chance, Forlines, Carter & King, PC, our seasoned wrongful death attorneys possess substantial experience in litigating such cases, equipped with the expertise and skills necessary to aid your family in securing rightful compensation.

What’s the initial step in addressing my inquiries regarding wrongful death lawsuits in Georgia?

Act promptly. Reach out to our adept wrongful death attorney at Chance, Forlines, Carter & King, PC today by dialing

Looking to file a wrongful death claim? Connect with our wrongful death attorneys who specialize in cases involving auto accidents, truck accidents, medical malpractice, civil rights violations, and nursing home abuse. Contact Chance, Forlines, Carter & King, PC, at 404-760-7400, or submit your inquiries via our online form. Consulting with Georgia wrongful death lawyers can provide you with the guidance and support needed to address your inquiries and take the necessary legal steps.

THE WRONGFUL DEATH LAWSUIT PROCESS IN GEORGIA

The wrongful death lawsuit process in Georgia can be complex and time-consuming. Here’s an overview of the steps involved:

1. Filing the Claim: The executor or administrator of the deceased person’s estate files a wrongful death claim with the court. This typically involves submitting a complaint that outlines the circumstances of the death and the damages sought.
2. Serving the Defendant: The defendant (the person or entity responsible for the death) is served with the complaint and a summons. This notifies them of the lawsuit and requires them to respond.
3. Discovery: Both parties engage in discovery, which involves exchanging information and evidence related to the case. This may include depositions, interrogatories, and requests for documents.
4. Negotiations: The parties may engage in settlement negotiations to try to reach a mutually acceptable agreement. If a settlement is reached, the case is resolved without going to trial.
5. Trial: If a settlement cannot be reached, the case proceeds to trial. The plaintiff (the executor or administrator) presents their case to the jury, and the defendant presents their defense.
6. Verdict: The jury delivers a verdict, which may include an award of damages to the plaintiff.
7. Appeal: Either party may appeal the verdict if they believe there were errors in the trial or the verdict was unjust.

Throughout the process, it’s essential to have an experienced wrongful death attorney in Georgia who can guide you through the complexities of the law and ensure that your rights are protected.

Damages Available in Wrongful Death Claims

The damages available in your wrongful death claim will depend on the losses you and your family have sustained as a result of the liable party’s actions. You can recover both economic and non-economic damages in a wrongful death claim. Economic damages have a concrete dollar value, while non-economic damages do not. The most common economic and non-economic damages available in a wrongful death claim include:

• Funeral expenses
• Burial costs
• The loss of income the deceased provided that family members were dependent on
• Loss of companionship
• Loss of care
• Loss of consortium
• Emotional distress
• Medical expenses if any

It is not always easy to accurately value a wrongful death claim. For example, while you may know the exact cost of the funeral and burial expenses, you may not be able to assign a value to the emotional distress you experienced. A Georgia wrongful death lawyer can accurately value your claim so you obtain the full damages you are entitled to.

In some cases, punitive damages may also be available in your wrongful death claim. Unlike the above types of compensation, punitive damages are not meant to compensate you for your losses. Instead, they are meant to punish the liable party and deter them from acting in a similar manner in the future. Punitive damages are not always awarded. They are only applicable when the liable party acted with gross negligence or recklessness. For example, if your loved one was killed by a drunk driver, you may be entitled to punitive damages.

UNDERSTANDING PUNITIVE DAMAGES AND AWARD CAPS

Punitive damages are a type of compensation awarded in wrongful death cases to punish the defendant for their reckless or intentional behavior. In Georgia, punitive damages are capped at $250,000, unless the defendant’s actions were motivated by a desire to make a profit, in which case the cap is $1 million.

Award caps are limits on the amount of damages that can be awarded in a wrongful death case. In Georgia, the award cap for wrongful death cases is $250,000, unless the defendant’s actions were motivated by a desire to make a profit, in which case the cap is $1 million.

It’s important to note that punitive damages and award caps can vary depending on the specific circumstances of the case and the laws of the state in which the case is being heard. An experienced wrongful death attorney in Georgia can help you understand the laws and regulations surrounding punitive damages and award caps in your case. Georgia wrongful death lawyers can help you understand these legal nuances and ensure you receive the full compensation you deserve.

Understanding these legal nuances is crucial for ensuring that you receive the full compensation you deserve. Consulting with a knowledgeable wrongful death attorney can provide you with the guidance and support needed to navigate these complex legal waters.

How Our Georgia Wrongful Death Attorney Can Help with Your Case

After losing someone, you may consider filing a wrongful death claim on your own. However, this is a mistake. An attorney can take on many of the tasks to ensure your claim is successful. These include:

• Collecting evidence: Important evidence in wrongful death cases includes medical records, photos and video footage of the accident scene, eyewitness statements, and more.
• Filing your case properly: Your lawyer will know which insurance company to file your claim with and if necessary, the appropriate court to file a lawsuit. Your lawyer will also make sure your claim is filed on time, so you do not miss out on any compensation.
• Negotiate: Negotiating with the insurance companies for the fair settlement you deserve is not easy. Our Georgia wrongful death lawyer has the necessary experience to negotiate aggressively and obtain the fair settlement you are entitled to.
• Litigate: Most wrongful death claims settle outside of the courtroom. However, if the liable party or the insurance company representing them refuses to act fairly, you may have to go to trial. We have taken many cases to trial before and will ensure you are prepared and build a strong case to ensure the most favorable outcome possible.

Our Georgia wrongful death lawyers have the specific expertise to handle these tasks and ensure your claim is successful.

The above tasks require a great amount of paperwork, attention to detail, and legal knowledge. While you and your family try to move forward, we will handle all the practical aspects of your case.

Call Our Atlanta Wrongful Death Lawyer Now

If you have lost a loved one, you need compassionate legal guidance. At Chance, Forlines, Carter & King, P.C., our Georgia wrongful death lawyer can provide it while giving you and your family peace of mind. Call us now at 404-760-7400 or chat with us online to schedule a free consultation and to learn more. Consulting with Georgia wrongful death lawyers can provide you with the compassionate legal guidance you need during this difficult time.

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