Compassionate Wrongful Death Attorneys in Marietta, Georgia
In Georgia, wrongful death is defined as a death caused by the negligent, reckless, or intentional actions of another person or entity. It allows the surviving family members to pursue a legal claim against the responsible party for the financial and emotional losses they suffer as a result of their loved one’s untimely death. Wrongful death can arise from a variety of circumstances, including car crashes, defective products, or criminal acts, to name a few.
The circumstances of wrongful death are particularly devastating to the survivors because they not only endure the emotional pain of losing a loved one but also face significant financial burdens. These may include medical bills, funeral expenses, and the loss of future income or support that the deceased provided. Additionally, the sudden and preventable nature of the death often leaves survivors grappling with feelings of injustice and unanswered questions, making the grieving process even more difficult.
Pursuing a wrongful death claim can provide financial relief and a sense of justice, helping families find closure. We can help. Contact our Marietta personal injury attorneys at Ashby Thelen Lowry today to discuss your unique circumstances during a free consultation.
Which Family Members are Eligible to File a Wrongful Death Claim in Georgia?
In Georgia, specific family members are eligible to file a wrongful death claim, depending on their relationship to the deceased.
The hierarchy of eligible family members is as follows:
- Spouse: The surviving spouse of the deceased is the first person eligible to file a wrongful death claim. If the spouse files the claim, they must also represent the interests of any surviving children by sharing the compensation with them. However, the spouse is entitled to at least one-third of the total recovery, regardless of the number of children.
- Children: If there is no surviving spouse, the deceased’s children (either minors or adults) can file the wrongful death claim.
- Parents: If the deceased was not married and had no children, the parents of the deceased can file the wrongful death claim.
- Personal Representative of the Estate: If no spouse, children, or parents survive, the personal representative (executor or administrator) of the deceased’s estate may file the claim on behalf of the estate. In this case, any compensation awarded will be distributed to the deceased’s next of kin, as outlined in Georgia’s intestacy laws.
This hierarchy ensures that the closest family members are the first eligible to seek compensation for losing their loved one, and we can help build your case. Contact our skilled Cobb County wrongful death lawyers today to learn more.
How Do We Prove That Someone’s Negligence Caused Our Loved One’s Death in Georgia?
To prove that someone’s negligence caused your loved one’s death in Georgia, you must establish the following four key elements of a wrongful death claim:
- Duty of Care: You must show that the defendant owed the deceased a legal duty of care. This means that the responsible party was obliged to act reasonably and safely to prevent harm. For example, drivers have a duty to follow traffic laws, and property owners have a duty to keep their premises safe for visitors.
- Breach of Duty: You must prove that the defendant breached this duty of care. This occurs when the responsible party fails to act as a reasonable person would under similar circumstances, such as a driver running a red light or a property owner failing to fix a dangerous condition.
- Causation: You must demonstrate that the breach of duty directly caused your loved one’s death. In other words, the defendant’s actions (or failure to act) must have been the proximate cause of the death. This can be proven through evidence such as medical records, accident reports, eyewitness testimony, or expert analysis showing how the defendant’s negligence led to the fatal injuries.
- Damages: Finally, you must prove that your family has suffered damages due to the wrongful death. This can include medical expenses, funeral costs, loss of income, and loss of companionship or emotional support.
Collecting evidence, such as police reports, witness statements, expert testimony, medical records, and video footage, is critical to building a solid case. Our experienced Marietta wrongful death attorneys can help gather the necessary evidence and present a compelling argument to establish negligence and secure compensation for your loss. Contact us today to learn more.
How is the Value of a Georgia Wrongful Death Claim Determined?
The value of a wrongful death claim in Georgia is determined based on several factors that reflect both the financial and non-financial losses suffered by the deceased’s family.
The main components that are considered when calculating the value include:
Economic Damages
These represent the financial losses associated with the death, which can include:
- Lost wages and future income: The amount the deceased would have earned over their lifetime, including salary, benefits, and potential career growth.
- Medical expenses: The costs incurred for any medical treatment or hospital care before the death.
- Funeral and burial costs: Reasonable funeral services, burial, or cremation expenses.
- Loss of services: The value of household services the deceased provided, such as childcare, home maintenance, or caregiving.
Non-Economic Damages
These represent the intangible losses suffered by the surviving family members, which may include:
- Loss of companionship: The deceased’s emotional and relational support to their spouse, children, or other close family members.
- Loss of care and guidance: Compensation for the loss of parental guidance or emotional support for surviving children or other dependents.
- Pain and suffering: In some cases, damages may be awarded for the pain and suffering the deceased experienced before their death (if there was a survival period between the injury and death).
- Life Expectancy and Age: The age and overall health of the deceased at the time of their death are considered when calculating lost future earnings and other damages.
- Circumstances of the Deceased: The deceased’s career, education, and contributions to their family and community can affect the claim’s value, particularly in assessing lost potential income and contributions.
- Punitive Damages: In cases of gross negligence or intentional misconduct, punitive damages may be awarded to punish the defendant and deter similar behavior. These damages are rare in Georgia wrongful death cases but may be available in extreme situations, such as drunk driving or criminal behavior.
The value of a wrongful death claim varies significantly depending on the case’s specific details. Our experienced wrongful death attorneys in Marietta will work with financial experts, economists, and other specialists to fully evaluate the claim and ensure the family is compensated for both economic and emotional losses. Contact us today to learn more.
How Long Do Family Members Have to File a Wrongful Death Claim in Georgia?
In Georgia, family members typically have two years from the date of their loved one’s death to file a wrongful death claim. This two-year period is known as the statute of limitations, and if a claim is not filed within this timeframe, the family may lose their right to pursue compensation.
However, certain circumstances can affect the statute of limitations, such as:
- Criminal Proceedings: If the wrongful death resulted from a crime, such as homicide, the statute of limitations may be paused (or “tolled”) until the criminal case is resolved. Once the criminal case concludes, the two-year period resumes.
- Government-Related Claims: If the wrongful death involves a government entity, such as a city or state government, the filing deadlines may be shorter, sometimes as brief as six months to a year, and special procedures may apply.
- Estate Issues: If the deceased’s estate has not been probated, the statute of limitations may be tolled until a personal representative is appointed.
It’s crucial to consult with an experienced wrongful death attorney as soon as possible to ensure the claim is filed within the required time limits and all legal procedures are followed.
We Also Focus on the Following Areas in Marietta, Georgia:
Contact Our Trusted Wrongful Death Attorneys in Marietta, Georgia
Partnering with our skilled wrongful death attorney in Marietta is essential to ensure your family has the time and space to grieve without the added burden of navigating the legal complexities of a wrongful death claim.
Our experienced personal injury attorneys will handle every aspect of your case, from gathering crucial evidence and negotiating with insurance companies to ensuring all deadlines are met under Georgia’s statute of limitations. By entrusting your claim to our knowledgeable professionals, you can focus on healing while we secure the compensation necessary to protect your family’s financial future, covering medical expenses, lost income, and the emotional toll of your loss. This support ensures your rights and your family’s future are safeguarded.
To schedule a free consultation, contact our skilled Marietta wrongful death lawyers and support team at Ashby Thelen Lowry at (404) 777-7771 or online. Our attorneys provide the compassion Georgia families need during a wrongful death claim, guiding them through the legal process with care while pursuing actual results for their unique needs.
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