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Georgia wrongful death lawyer
Losing a loved one due to the negligence of another person or company is an unbearable tragedy. Although it can be difficult to cope with, it is important to seek justice on behalf of lost loved ones. Our wrongful death attorneys are able to help you file a wrongful death lawsuit to seek damages from the responsible party. There are often surviving family members who are coping with the loss on an emotional level and also a financial level.
At Georgia Auto Law, our wrongful death lawyers have years of experience helping families who have been impacted by a wrongful death. Our attorneys are committed, and will not rest, until our clients are fully taken care of. This is a difficult time, and Georgia Auto law is here to do anything we can to do our part in easing your financial burden.
The wrongful death lawyers at Georgia Auto Law stand up for those who have lost loved ones. We work tirelessly to seek financial compensation and full justice for their loss. If you are here on behalf of a loved one, feel free to contact us by using our consultation form for a free, no-obligation consultation with our wrongful death lawyers.
We will be more than just your lawyer.
We know how much of an impact a wrongful death can have on a family. Our team will be more than just the “lawyers” for you. We will stand by your side in any way we can to help you fully recover from your loss.
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Who can file a Georgia wrongful death lawsuit?
In Georgia, there are certain rules for who can bring a wrongful death claim. A wrongful death lawsuit can not be filed by just anyone. To bring a wrongful death claim, you must be the deceased person’s spouse, adult child, parent, or personal representative of the estate. A personal representative of the estate must pass on any damages recovered to the deceased person’s closest family (i.e. next of kin). If the deceased person listed specific beneficiaries in their estate or will, then the personal representative must follow these instructions and disburse the funds accordingly.
The following individuals can file a wrongful death claim:
- Accident victim’s spouse
- Accident victim’s children (if no spouse)
- Accident victim’s parents (if no spouse or children)
- Person representative of accident victim’s estate (if no spouse, children, or living parents)
What is wrongful death?
Under Georgia law, wrongful death is the loss of a life due to the negligence of another person of company. Wrongful death lawsuits are pursued to hold the person or company liable for the loss of life. You can bring a wrongful death claim against any person or company whose negligence caused another person’s death. This can range from a negligent doctor to a drunk driver. There is nothing that can make up for the loss of someone we love, but Georgia wrongful death laws are in place so that the family can seek compensation in order to secure financial stability after a loss.
"Wrongful death" defined
“Wrongful death” is the loss of a life due to the negligence of another person of company. It means that the person or company who caused the death was “at-fault.” In these circumstances, the surviving family members are able to recover compensation for the loss of their loved one.
We are here for you.
Losing a loved one in an accident is an unthinkable tragedy. The wrongful death lawyers at Georgia Auto Law are here to do anything we can to help you through this difficult time. Our team will take the stress of the legal process off your shoulders so you can focus on healing.
The Georgia Wrongful Death Act
- Fact #1 The Georgia Wrongful Death Act are the actual Georgia wrongful death laws that apply to these types of cases.
- Fact #2 The Georgia Wrongful Death act has been around for over 100 years.
- Fact #3 The code sections of the Georgia Wrongful Death Act lay out the circumstances in which one can bring a wrongful death lawsuit.
At Georgia Auto Law, our wrongful death lawyers are very experienced in bringing wrongful death cases that comply with the applicable Georgia wrongful death laws. Below we look at some of the cases in which a person can bring a wrongful death lawsuit.
Here are some of the situations that can give rise to a wrongful death lawsuit:
- Car, truck, and motorcycle accidents
- Criminal actions
- Faulty construction and engineering malpractice
- Nursing home abuse and neglect
- Medical malpractice including, medication prescription errors, surgical problems, medical injuries, and misdiagnosis of illness
- Defective products. These would include wrongful deaths caused by dangerous or defective products such as drugs, medical devices, vehicles, electronics, and other things
- Driving under the influence of alcohol or drugs
- Pedestrian accident deaths
- Over-serving of alcohol. For example, a bar continuing to serve someone who is visibly and obviously intoxicated
How long do you have to file a claim for wrongful death?
Under Georgia law, a person claiming a wrongful death lawsuit has two years from the date of the death to file the wrongful death claim. However, there are some exceptions, so you should speak with an experienced wrongful death lawyer to discuss the case. After this deadline passes, Georgia courts will usually refuse to allow the case to proceed. One exception is if there is criminal conduct involved. In these cases, the timeline for the wrongful death lawsuit is paused until the criminal case concludes.
Don't wait to file a wrongful death claim
There is no doubt that thinking about legal action after losing a loved one can feel uncomfortable. We understand that completely. But, it is important to protect your rights if you are going to seek justice for your loss. A wrongful death claim should be filed as soon as possible.
Car accident wrongful death lawyer
Car accidents in Georgia are a leading cause of injury and death. Unfortunately, many wrongful death cases are caused by car accidents. Because of the dangers on the roadway, a serious car accident can lead to death. If you have lost a loved one due to a car accident, it is important to seek justice. The at-fault party (person or company) will be responsible for all of the damages in the wrongful death case. The wrongful death lawyers at Georgia Auto Law are specialists in handling car accident wrongful death cases. If you have lost a loved one due to a car accident in Georgia, we are here for you.
Truck accident wrongful death lawyer
Big-rig trucks, 18-wheelers, semi-tractors, and tractor-trailers are huge driving machines. They can weigh over 80,000 when fully loaded. These trucks are so big and heavy that they can cause serious and catastrophic damage when they are involved a crash. Many of the most serious auto accidents are caused by trucks, and there are thousands of deaths a year due to truck accidents. If your loved one was killed in a truck accident, you may have a wrongful death claim. It is important that you act quickly to make sure that you receive full justice for your loved one.
What are the common causes of fatal truck accidents in Georgia?
Due to their huge size and weight, the smallest mistake behind the wheel of a commercial truck can be devastating. Some of the most common causes of fatal truck crashes leading to wrongful death claims include:
- Distracted truck drivers
- Truck driver error
- Falling asleep behind the wheel
- Poor maintenance of the truck
- Improperly loaded cargo
- Truck drivers failing to check “blind spots”
- Improper or inadequate truck driver training
- Drugs and truck driver DUI
Wrongful death damages
In a Georgia wrongful death lawsuit, the family of the lost loved one may be able to seek compensation. This compensation includes compensation for medical bills, funeral expenses, and potentially punitive damages. Punitive damages are recoverable if the at-fault party broke the law in causing the death, or they behaved in a reckless or egregious way.
In a wrongful death lawsuit, the court will look at a number of different factors to determine the amount of damages that should be awarded to the surviving family members. Some of these factors include the following:
- Relationship between the surviving family member and the deceased
- The amount of the deceased’s income available to the surviving family member
- Value of the deceased service’s to the family member (love, companionship, assistance, etc.)
- Life expectancy of all parties
As stated above, under Georgia law, only certain people may pursue a wrongful death lawsuit. Under the Georgia Wrongful Death Act, the following relatives may recover compensation for a lost loved one:
- Spouse: A surviving spouse can recover compensation for the loss of their husband or wife’s companionship protection along with mental pain and suffering from the date of the loss.
- Child: Minor children may recover compensation for the loss of parental companionship, instruction, and guidance. Adult children may also be able to recover for the loss of a parent and for mental pain and suffering from the date of loss.
- Parent: The parents of a deceased minor child can recover wrongful death compensation for mental pain and suffering from the date of loss. The parent of an adult child can also recover wrongful death compensation if there are no other survivors.
Here is a list of some of the damages available in a wrongful death lawsuit in Georgia:
- Loss of future work wages
- Pain and suffering for the deceased
- Compensation for the pain and suffering of the deceased before death
- Loss of relationship for a child, spouse, or parent
- Loss of companionship
- Loss of retirement and work benefits
We are here to answer them.
Our wrongful death lawyers are available to answer any questions you may have. We know how difficult this time can be, so we want to take as much stress off you as we can. Even if you are not ready to start your case right now, we will answer any questions you have completely free. We want to help in any way we can.
Punitive damages in wrongful death lawsuits
In certain cases, the conduct by the defendant (the person or company who caused the death) is so reckless or indifferent to the safety of others that a jury may award the family punitive damages to punish such behavior.
Punitive damages are designed to punish the wrongdoer, and they are above the normal compensation for the victim. In a normal personal injury case, a victim can recover medical bills, pain and suffering, and lost wares–but not punitive damages. The only time punitive damages are allowed is when the conduct was bad enough to warrant punishment for the defendant.
We often see punitive damages in a DUI case or when the defendant did something that was intentional and caused the harm. Punitive damages claims are hard to prove, but the wrongful death lawyers at Georgia Auto Law have a well-known track record fighting for these claims. Punitive damages are designed to change the behavior and deter the defendant from the bad conduct in the future.
You may have a claim for punitive damages.
Although punitive damages claims in wrongful death lawsuits have a higher level of proof, these claims can be won if the conduct that caused the death was severe enough. Be sure to ask your lawyer if your wrongful death case could involved punitive damages.
Proving negligence in a Georgia wrongful death claim
Basically, a wrongful death claim is essentially a personal injury claim that is filed on behalf of a person who did not survive the accident. The specific elements that you must prove are very similar to a personal injury case. To win a wrongful death case, we must prove the following:
First, the plaintiff must show that the defendant owed a duty of care.
Second, the plaintiff must prove that the defendant breached and violated this duty of care. This occurs through an action (or inaction) that another “reasonable person” in the same situation would not have done.
The breach of duty by the defendant must have led to the death.
The plaintiff has to prove that the death was a result of the defendant’s actions and not caused by something else.
There is no doubt that wrongful death claims in Georgia are highly complex lawsuits. Wrongful death cases require the expertise of an experienced personal injury lawyer. Families involved may not understand the complex systems and paperwork that is needed to handle this type of case in Georgia. Having a strong legal team can make your life much easier during this incredibly difficult time. Georgia Auto Law will take this stress off of your shoulders so you can focus on healing from your loss instead of dealing with these legal issues.
How to start a wrongful death lawsuit in Georgia?
After losing a loved one in an accident, there is going to be a lot running through your mind. Although legal action is often the last thing you want to think about, it is important to reach out to a wrongful death lawyer in Georgia as soon as possible. At Georgia Auto Law, we do not take hundreds and hundreds of cases at one time like other personal injury law firms do. Instead, we take a smaller number of cases so that each and every client has a personal level of service and attention.
When you reach out to use about a wrongful death case, we will help you set up the estate for the lost loved one. Your loved one may already have a will set up, but if not we may need to find someone who can be the personal representative of the estate. Also, we can even move forward with the wrongful death lawsuit without having a representative.
The next thing we do is conduct a very detailed investigation into what happened to your loved one. We will evaluate the case in light of the Georgia wrongful death laws and guidelines. It is during this stage when we determine who would be the most likely defendants in the case.
If you select Georgia Auto Law to represent you, we will get all of the proper documents filed and get the case underway immediately. We do not waste a second of time. The legal process itself can take time, so we help you get things moving quickly to get financial compensation as soon as possible.With our No Fee Pledge™ you do not pay anything out of pocket, ever. We do not charge for our legal services unless we win your case. Even then, our fee comes out of the money we recover—not your pocket.
We are ready to help.
Our team of wrongful death lawyers is ready to help you. If you are ready to speak about your case, then call us or fill out our consultation form and we will be in touch within minutes. Even if you’re not sure if you are quite ready to begin your case, we are here to answer any questions you have completely free.
Georgia wrongful death attorneys. Free consultations.
If you are suffering the loss of a loved one, our team of Georgia wrongful death lawyers is here for you. We provide completely free, no-obligation consultations to discuss your case in person or over the phone. Our legal team will give your case a complete evaluation and then proceed with your wrongful death claim.
Never settle for less than you and your loved one deserve for the wrongful death. You can contact us by calling, texting, or filling out our free, no-obligation consultation form. One of our lawyers will call you immediately to discuss your case.
Our Georgia wrongful death lawyers are here for you.
Our legal team has extensive experience with the wrongful death lawsuit process. We will take care of everything related to your case. That way, you can focus on healing with your family.
Our Georgia wrongful death lawyers will:
- Conduct a comprehensive review of your wrongful death case
- Answer your questions and help you understand your options
- Vigorously investigate your wrongful death case
- Work directly with you and your family
- Negotiate with the insurance companies
- Prepare the case for a wrongful death trial
Most wrongful death claims reach settlement. Our lawyers have experience handling all aspects of settlement negotiations. We know how to get our clients full and fair compensation. If needed, our trial-tested wrongful death attorneys are always ready to take your case to court. We have the in-court trial experience that you want on your side when the time comes.
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Georgia Auto Law today
This is a difficult time for you and your family. I am here to do anything I can to make it easier for you.
At Georgia Auto Law, our team of wrongful death attorneys advocate for injured victims and their families. If you have lost a loved one in Georgia, we are ready to help.
Our attorneys handle wrongful death lawsuits throughout the state of Georgia. We are Georgia’s “go-to” wrongful death law firm.
For a free, no obligation review of your wrongful death claim, please contact my team right away.
Wrongful Death FAQs
What types of damages are recoverable in a wrongful death lawsuit?
In a wrongful death lawsuit, a claimant can recover damages in the amount of the “rull value of the life of the decedent without deducting for any necessary or personal expenses of the decedent had he or she lived.”
These damages seek to provide compensation fro the damages the family of the decedent suffered. This includes lost wages (including what he or she would have earned in the future), loss of care and companionship, burial/funeral costs, and the pain and suffering endured up until the death.
Generally, if a spouse files a wrongful death claim, and the lost loved one did not have a will, Georgia law says that the spouse must share the award from a wrongful death case with the children. The rule of thumb is that one-third of the proceeds are reserved for the surviving spouse, and the children divide the remaining proceeds.
What happens in a Georgia Wrongful Death Lawsuit?
When a client comes to us after losing someone they love, the first step is figuring out if the claim is a viable wrongful death claim. Of course, there is nothing that can make up for the person who was lost, but Georgia law allows for wrongful death cases to compensate the surviving family members. In order to have a viable claim, the person or company who caused the death must have been negligent or intentional in causing the death.
That means we have to prove negligence. In order to do this, our Georgia lawyers must prove that the defendant (who is the person being sued) owed a duty of care to prevent unreasonable harm and they still caused the harm anyway.
An example of this is that truck drivers are obligated to drive in a safe and reasonable manner. If a truck driver fails to do this, and falls below the standard of care, then he or she violated the rule that they must drive in a reasonably safe way.
After establishing that the defendant breached this duty of care was a direct contributing factor in the death. To prove this, the wrongful death lawyers at Georgia Auto Law consult with experts to show how the negligence caused the death. Last, we have to prove that the family suffered damages due to the loss of the loved one. These damages include financial losses and non-financial losses.
If you believe that your loved one was a victim of wrongful death, our lawyers are here to help you hold the person or company responsible. We will obtain all the necessary evidence and we will determine the liability for the loss. After that, we will consult with experts who can help determine the full economic extent of your loss. Usually, we hire an economic expert to arrive at the total amount of damages that we as a jury to award.
Most wrongful death cases settle. However, if the defendant will not agree to a reasonable and full settlement, we will take the case to trial. At Georgia Auto Law, our attorneys are trial lawyers. We do not hesitate to go to court to make sure our clients are fully compensated.
How to start your wrongful death lawsuit in Georgia
We recommend speaking to a lawyer as soon as possible after the wrongful death of a loved one. Although it can feel uncomfortable to think about legal action at a time like this, it is important that your legal right to compensation is protected. When you contact Georgia Auto Law about a wrongful death case, we will help you with every single step along the way. We will help you set up an estate so that there can be a legal representative for the case. However, you can still recover compensation in a wrongful death lawsuit without having a legal representative.
The next step is for us to investigate the case. We will determine if your case can succeed under Georgia’s wrongful death laws. We file all of the documents that are needed and we will identify the responsible parties (individuals, companies, etc.). Our wrongful death lawyers to not waste any time, we get the ball rolling immediately.
Throughout the case, our attorneys work to expedite the process every chance we get. We want you and your family to get closure and the compensation you deserve as quickly as possible, so we move as quickly as possible.
With our services, we work on a contingency-fee which means that you do not pay anything out of pocket, ever. We only earn a fee if we win your case for you, and our fee comes out of the settlement, not your pocket.
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