Losing a loved one is devastating, mainly when the death occurs due to someone else’s carelessness, recklessness, negligence, or intentional act. Typically, wrongful deaths often involve unexpected losses, resulting in tremendous emotional and financial devastation. Luckily, Georgia law allows the victim’s family members to seek compensation for the damage associated with the death of a loved one.
A Douglasville personal injury lawyer understands how challenging losing a close family member can be. For this reason, our law firm provides the support, resources, and experience to help you understand your legal options and protect your legal rights when holding the at-fault party accountable. The intent is to get justice and receive the compensation you deserve to move forward in tranquility.
What Qualifies As a Wrongful Death in Douglasville?
Georgia law defines wrongful death as any death that occurs as a result of another party’s actions. These include criminal behavior, recklessness, negligence, or intentional act that leads to the death of someone. Some everyday events that can lead to wrongful death in Douglasville, GA, include:
- Car accidents
- Truck accidents
- Medical malpractice
- Burn injuries
- Defective medical devices
- Nursing home abuse
- Motorcycle accidents
- Product liability
- Work-related accidents
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Who Can File a Wrongful Death Claim in Douglasville?
Unlike personal injury cases, wrongful deaths involve a person who dies and is unable to claim damages legally. Instead, an eligible party must file a suit on the defendant’s behalf when seeking justice and compensation for damage caused.
Georgia Code Title 51 accentuates those qualified to file a wrongful death claim. These people include:
- The decedent’s surviving spouse
- The decedent’s child or children when there is no surviving spouse
- Parent or parents of the defendant if there are no spouse, child, or children
- The decedent’s estate administrator or executor if there are no parents, children, or surviving spouse
Although several people are eligible to file a wrongful death claim in Douglasville, the surviving spouse is the primary plaintiff in the case on behalf of the deceased. However, other people closely related to the deceased can file for a wrongful death claim if there is no spouse. If the decedent’s estate administrator or executor files the claim, recoverable settlement is held by the estate in place of the decedent’s next of kin.
Providing Liability in a Wrongful Death Claim
Most wrongful death claims in Georgia maintain that the carelessness, negligence, or recklessness of another party or entity led to the death of a loved one. Preferably, however, the plaintiff has to prove that the other party was responsible for the death of a loved one. Therefore, for a wrongful death claim to be eligible for compensation, a plaintiff has to prove the following elements:
- Duty of care: The other party or entity had a duty of care to the deceased and could have prevented life loss.
- Breach of duty of care: The other party breached the duty of care by failing to behave, conduct or act safely or reasonably.
- Causation: The other party’s breach of care led to the deceased’s loss of life.
- Damage: The death of the victim resulted in losses.
Working with an experienced personal injury lawyer is essential when determining a wrongful death claim. The intent is to ensure you obtain the necessary pieces of evidence to support your claim, mainly in proving that the other party’s actions led to your loved one’s death. A dedicated wrongful death lawyer in Douglasville can help establish liability and pursue your case legally for maximum compensation.
Recoverable Compensation in a Wrongful Death Claim
The objective of filing a wrongful death suit is to seek financial recovery that provides stability and comfort to the victim’s family members. Since Douglasville has no cap, courts may award damages based on various factors, including the accident leading to the death of the victim.
A Douglasville wrongful death attorney can help you and your family determine the damages available. This ensures you receive fair compensation that covers all your damages. Some standard recoverable compensation in a Douglasville wrongful death claim include:
- Loss of companionship and guidance
- Lost earnings that could have been earned by the deceased
- Pain and suffering
- Medical and funeral costs
Punitive damages may or may not be recovered in a wrongful death claim because such settlements are only done through an estate claim. Therefore, the decedent’s estate administrator or executor is the only person eligible to file for an estate claim where they might receive punitive damages.
The Statute of Limitations for Wrongful Death Claims in GA
OCGA §9-3-33 stipulates a two-year statute of limitation for wrongful death claims in Douglasville. In a nutshell, a statute of limitations is the deadline that the decedent’s surviving spouse, children, parents, or estate executors have to file a claim. The period begins on the date the deceased dies, although it differs based on the type of accident.
Sometimes, the statute of limitations might be shorter or longer depending on various circumstances surrounding the case. For instance, the two-year statute of limitations might be suspended or stopped if the deceased dies due to a crime or if the estate is probated.
Why do You Need a Lawyer’s Help with a Wrongful Death Claim in GA?
If your loved one has died due to someone else’s negligence or intentional act, a Douglasville wrongful death lawyer can help in filing your suit as soon as possible. We understand how devastating it can be to initiate legal proceedings after losing a loved one. With our legal team, we ensure you start immediately seeking justice and recover compensation for all damages.
If you lost a loved one and consider the death a wrongful act, contact our experienced Douglasville wrongful death lawyer immediately. Our law firm can help you with the following:
- Gather critical evidence to support your wrongful death claim
- Protect your rights and make sure you acquire maximum compensation
- Provide legal advice and represent you in and out of court
Our Douglasville wrongful death lawyer handles various aspects of your claim, including investigating, communicating, negotiating, and litigating, if necessary. Besides, the decedent’s surviving spouse would be mourning, making it hard to take legal actions against the party responsible for the untimely death of a loved one.
Contact a Wrongful Death Attorney in Douglasville Today
Avoid bearing emotional and financial consequences alone if your loved one has succumbed to injuries due to another party’s wrongful actions or negligence. Contact us today at John Foy and schedule a free, no-obligation, confidential case evaluation.