Death can happen unexpectedly and under different circumstances. However, the law does address instances where a person’s demise is determined to be a wrongful death. A loved one dying because of another person’s actions should never be taken lightly. The law gives you the right to file a wrongful death lawsuit. In such a situation, you should consider working with an experienced South Fulton wrongful death lawyer to help you and your family pursue justice and seek compensation.
We highly advise people to take heart and act while there is still enough time to file the lawsuit and secure the chance to pursue justice and get compensated for the wrongful death. Under Georgia State laws, you have the right to file a lawsuit against those responsible for your family member’s demise and can seek compensation for their death and subsequent pain and suffering attributed to your loss.
At Humphrey & Ballard Law, we specialize in personal injury law. We are confident that we are the team you need when searching for reliable legal counsel and representation. Our South Fulton wrongful death lawyers have experience in handling such cases and will investigate your claims to determine if the matter is worth pursuing, advising you accordingly. We also work closely with experts in different fields to gather evidence to support your case.
You can reach a South Fulton wrongful death lawyer at 404-341-0499 to book a free no-obligation case evaluation.
How is Wrongful Death Defined in the State of Georgia?
Under Georgia laws, a person’s actions that cause another’s death set grounds for facing a wrongful death lawsuit. Such acts can be reckless, intentional, or negligent. The attorney assigned your case will file the lawsuit depending on the evidence gathered that proves the accused’s conduct that resulted in your loved one’s demise were suspect.
The process of preparing your case will entail the South Fulton wrongful death lawyer proving several crucial factors as stated in Georgia laws regarding what sets grounds for wrongful death; they include:
- Medical malpractice like misdiagnosis, medical neglect, surgical errors, and wrong prescription
- Premeditated murder and other criminal acts that result in death
- Nursing home neglect or abuse
- Food poisoning
- Pedestrian accident
- DUI accidents
- Use of faulty products that cause death
- Flawed construction and engineering malpractice
Who is Qualified to File a Wrongful Death Claim in Georgia?
You might know the departed or have close associations, but that will not make you eligible to file a wrongful death lawsuit on their behalf. Georgia laws state that the decedent’s surviving family and those listed as heirs in the deceased’s will or estate plan can take such legal action. Those qualified can include:
- Surviving spouse
- Surviving children (if there’s no surviving spouse)
- Parents of the deceased (if there’s no surviving spouse or children)
- Any surviving relative (if there’s no surviving spouse, children, or parent)
- Executor of the decedent’s estate (if there’s no surviving spouse, children, parent, or relative)
Moreover, the decedent’s designated personal representative for their estate is legally recognized as the overseer. That means they are responsible for supervising the transfer of the departed’s estate and the awarded damages to the listed beneficiaries.
The South Fulton wrongful death lawyer assigned to your case will work with the appointed personal representative during the wrongful death case to make sure the deceased’s wishes regarding the distribution of his or her estate’s entirety are met. We also can help the family find viable, unbiased candidates that the courts can appoint as the designated estate representative if the departed had not picked one.
What Types of Damages Are Recoverable?
Under Georgia State laws, those listed as beneficiaries in the decedent’s will are entitled to the estate and seek compensation for damages. Eligibility will be the crucial determinant the court will consider in determining if to award compensation. Some of the overriding factors regarding how the beneficiaries are related with the departs include:
- The departed’s spouse can recover damages associated with lost protection, loss of companionship, emotional and mental pain.
- The deceased’s children (biological and legally adopted) can recover damages like loss of parental support, love, and guidance, emotional/mental trauma, among others.
- The surviving family (include the departed’s parents) can seek to recover financial losses attributed to their late loved one’s medical treatment costs, funeral/burial expenses, and loss of the family’s income provider.
There are two main types of damages that a South Fulton wrongful death lawyer can help you to recover in a wrongful death claim lawsuit, as follows:
These types of damages include, but are not limited to:
- Funeral expenses
- Medical expenses leading up to death
- Pain and suffering leading up to death
- Any other expenses arising from the fatal accident itself
These types of damages include, but are not limited to:
- Loss of companionship
- Lost future benefits
- Lost future wages the decedent would have contributed to the family
- Loss of care
To learn more about what types of damages you have accrued and experienced since losing your loved-one, call a Humphrey & Ballard South Fulton wrongful death lawyer today. They have years of experience in dealing with wrongful death cases throughout the state of Georgia.
Can the Surviving Family File for Punitive Damages?
A reputable law professional appreciated the need to strive to represent the client’s best interests. That is our core mission when handling personal injury cases. We are committed to exploring all viable avenues and using every resource available to ensure that you get full compensation and justice is served for your late loved one.
Part of our South Fulton wrongful death lawyer efforts could include pursuing punitive damages, but this is subject to our investigations. That means we might request the court to consider punitive damages if we find evidence that suggests the accused’s actions in the matter were grossly indifferent, even though we acknowledge that Georgia wrongful death statutes do not recognize or mention punitive damages.
Call one of our South Fulton wrongful death lawyers to learn more about filing for punitive damages.
How is Negligence Proven in a Wrongful Death Case?
Winning personal injury cases depends on building a robust case against those responsible and proving liability. Determining damage (validity for the wrongful death lawsuit) is not complicated since the issue at hand is the demise of your loved one. Nevertheless, the South Fulton wrongful death lawyer handling your case must prove to the judge or jury that:
- Duty of Care – The defendant (those responsible for your loved one’s death) owed the departed a duty of care
- Breach of Duty of Care – The accused breached the duty of care
- Damages – Proving damage that validates the wrongful death lawsuit
- Causation – Show that your loved one’s demise was due to the defendant’s malicious, reckless, negligent, or indifferent actions
An experienced South Fulton wrongful death lawyer understands the negligence laws in Georgia and will know how to provide proof and build a strong case against the negligent party.
How Do You Start a Wrongful Death Claim in Georgia?
If you seek the best legal counsel and representation for you and your family when pursuing a wrongful death case, it is best to consider working with law professionals with the experience, expertise, and resources needed to ensure you get the best outcomes.
That is the first step in fighting for your departed loved one. When you come to us for help, we shall listen and evaluate your claims to determine if it is worth pursuing. The South Fulton wrongful death lawyer handling your case will also advise you on the way forward and what to expect throughout the process. We also can help you and the family set up an estate plan if the deceased did not leave one. It can be done in anticipation of the different legal hurdles that we might face, and to safeguard your interests.
At Humphrey & Ballard, we understand how distraught you and the family might be, as some struggle with coming to terms with their loved one’s demise. That is why our South Fulton wrongful death lawyers shall try to expedite things to ensure the matter is settled within the short time possible. However, this is subject to preparing early and fulfilling all legal requirements regarding filing the wrongful death lawsuit.
What is the Difference Between a Wrongful Death Claim and an Estate Claim?
Under Georgia wrongful death statutes, you can pursue a wrongful death as an independent case or part of an estate claim. Deciding which is the best option required having in-depth knowledge related to wrongful death laws. Your South Fulton wrongful death lawyer will advise you which path to take after assessing the prevailing circumstances. But we wish to point out that:
A wrongful death claim lawsuit will see the listed beneficiaries or designated personal representative representing the departed when suing those liable for death and seeking compensation for their loss, pain, and suffering.
An estate claim focuses on the deceased’s properties, whereby the estate wishes to recover expenses incurred that are associated with the property owner’s death. It can be lost salary, medical expenses, and funeral/burial costs, among others.
Call Humphrey & Ballard Law to Hire a Reliable South Fulton Wrongful Death Lawyer
Under Georgia State laws, you have the right to file a lawsuit against those responsible for your family member’s demise and can seek compensation for their death and the subsequent pain and suffering attributed to your loss.
At Humphrey & Ballard, we are a law firm specializing in personal injury law and tackling related cases. We are confident that we are the team you need when searching for reliable legal counsel and representation to help you fight for your decedent’s rights. Our South Fulton wrongful death lawyers have experience in handling such cases and will investigate your claims to determine if the matter is worth pursuing, advising you accordingly.
We also work closely with experts in different fields to help you unearth the truth and gather evidence to support your case. You can reach one of our South Fulton wrongful death lawyers at 404-341-0499 to book a non-obligatory case evaluation, or visit our law office in South Fulton, Georgia to know more.