Whether you’ve lost a loved one in a car crash or due to a careless doctor’s medical malpractice, the outcome is the same: You’re devastated and furious at the person who took them away from you. A wrongful death lawyer in Douglasville, GA, can help if you want justice.
Below, learn everything you need to know about filing a wrongful death claim in Georgia, including who may file a claim and the types of compensation that might be available to you.
What Is a Wrongful Death in Georgia?
Per Georgia law, a wrongful death is a death caused by someone’s negligent, reckless, intentional, or criminal actions. Both individuals and businesses can be held accountable for wrongful death.
Wrongful deaths can occur from:
- Car accidents and vehicular manslaughter
- Workplace accidents
- Premises liability accidents
- Animal attacks
- Defective products
- Medical malpractice or misconduct
- Battery or assault
- Any action where the defendant had a duty of care to the deceased
Who Can File a Wrongful Death Claim in GA?
In Georgia, the victim’s spouse is given priority for filing a wrongful death claim. If the victim had minor children, the spouse must represent their interests in court. Courts always give surviving spouses one-third of the settlement money regardless of the number of children the deceased had.
If the spouse never married or was divorced at the time of death, any surviving children can make a claim. The court will give the children equal shares of compensation.
If there is no spouse or children, the deceased’s parents may file a claim with the help of a wrongful death lawyer in Douglasville, GA. The representative of the deceased’s estate can also file a claim. If the representative files, any compensation will be held by the deceased’s estate and paid to their next of kin.
What Compensation Is Available for Wrongful Death?
Wrongful deaths involve two types of claims. The first includes monetary losses related to the financial and intangible value of the deceased. Damages you can recover include:
- Lost wages and benefits, including the wages the deceased would have earned had they survived
- Loss of care, companionship, guidance, etc.
The second type of claim is intended to make the surviving family whole for financial losses incurred due to their loved one’s death. Damages can include:
- Burial and funeral costs
- Cost of the deceased’s final medical expenses
- The deceased’s pain and suffering
How Long Do You Have To File a Claim?
Georgia’s statute of limitations on wrongful death claims is generally two years. Typically, once that deadline has passed, you’re barred from bringing forth a wrongful death claim.
In some cases, the deadline can be extended. Here are examples of when a deadline extension might apply:
- The defendant flees the state before you can file a claim
- The wrongful death involves a criminal case
Additionally, the statute of limitations extends to five years if the deceased’s estate hasn’t yet gone through probate.
How Do You Win a Wrongful Death Claim?
Winning a wrongful death claim is no simple task. To prevail, your wrongful death lawyer in Douglasville, GA, will have to prove four elements: duty of care, breach of duty, causation, and damages. We’ll take a look at each of these elements next.
Duty of Care
Georgia defines “duty of care” as a responsibility to act prudently or refrain from actions that could jeopardize someone’s well-being. For example, surgeons owe their patients a duty of care, and drivers have a duty of care to others on the road.
In a wrongful death claim, your lawyer will have to prove that the defendant’s actions:
- Would have foreseeably negative consequences
- Deviated from the way an average person would have acted in the same circumstances
Breach of Duty
Your lawyer will have to prove that the negligent person or party breached their duty of care. For example, suppose your loved one went to the hospital for routine surgery. The surgeon left a tool in their body, causing a wound that later became infected. This would qualify as a breach of duty of care.
Causation
Establishing that a breach of duty occurred can be fairly simple, but proving causation is often much more difficult. Your wrongful death lawyer in Douglasville, GA, must prove that the breach of duty directly caused or led to your loved one’s death.
Damages
Lastly, your lawyer needs to prove that the wrongful death caused compensable damages. If the wrongful death didn’t cause you damages, the court won’t award you any compensation.
Defenses Against Wrongful Death Claims
The defendant’s attorney and insurance company will likely mount an attack against your claim. For example, the insurance company might argue that:
- The defendant didn’t act negligently
- You didn’t bring the claim within the statute of limitations
- The deceased knew the risks of their actions, yet chose to participate anyway
- The deceased was partially at fault for their death
That last defense is especially important to pay attention to. If the deceased was more than 50% responsible for their death, the surviving family loses their right to compensation. This is called “contributory negligence.”
If you think that your loved one may have contributed to their death, it’s wise to call a wrongful death lawyer in Douglasville, GA.
Should You Hire a Wrongful Death Attorney?
Wrongful death claims are extraordinarily complex, and it’s easy to accidentally make a mistake that could harm your case. Additionally, when you’re grieving, the last thing you want to do is handle a complicated legal case on your own. Contact The Foster Firm if you want a compassionate wrongful death attorney in Douglasville, GA who will fight for your family.
Here’s how you’ll benefit from hiring a wrongful death lawyer:
- Local attorneys are deeply familiar with state wrongful death laws and Georgia’s statute of limitations. They will make sure to file all paperwork on time so you don’t miss the deadline.
- Your lawyer can gather evidence to support that the defendant breached their duty of care.
- They can help you identify losses caused by the victim’s death. For example, your lawyer can calculate how much the deceased would have earned over their lifetime had they survived.
- They can settle your claim as soon as possible, allowing you to move on with your life.
- They can represent you in court if your case doesn’t settle.
Finding the Right Wrongful Death Lawyer
You’ve decided to hire a wrongful death lawyer, but how do you pick the right one? Follow these tips:
- Ask the lawyer how much experience they have working on wrongful death cases. Check their website for information about certifications and education.
- Schedule a consultation with the lawyer. Many wrongful death law firms, The Foster Firm included, offer free initial consultations.
- Ask about the lawyer’s fee structure. Reputable firms don’t charge anything unless they secure compensation for you.
Need Legal Representation for Wrongful Death? Call The Foster Firm
Losing a cherished loved one is very painful, even more so if they perished because of someone’s negligence. If you want justice and compensation for your loss, you need an experienced wrongful death lawyer in Douglasville, GA.
For your free consultation, call The Foster Firm at 678-2-INJURY.