Losing your loved one due to another person’s negligent or reckless actions is a tragic and painful experience. This occurrence deserves fair compensation. If you’ve recently lost a family member in an accident, consider reaching out to a Dublin wrongful death lawyer.
When someone you love passes on due to another person’s negligence, you’ll want to go above and beyond to hold the responsible party accountable for their actions. It’s okay to do everything in your power to ease your grief. You may feel immense emotional pain following your loved one’s death. This may force you to hold back and avoid opening up about the incident. This is a normal reaction for many people in the mourning phase.
You should understand that speaking to an experienced wrongful death lawyer in Dublin can help you and your family. Scheduling a case review with our respected team at The Weinstein Firm is 100% risk-free. Our seasoned personal injury lawyers can help you make informed decisions in your Georgia wrongful death case.
If you’ve lost your loved one due to medical malpractice, nursing home neglect, a car crash, a defective product, or criminal acts, you may be eligible to receive compensation. Always be wary of any lowball settlement offers from insurance companies. Contact The Weinstein Firm at 770-HELP-NOW to speak to a Dublin wrongful death attorney about your legal rights and options. Let us help you obtain fair compensation for your wrongful death claim.
How is Wrongful Death Defined in the State of Georgia?
Georgia law defines wrongful death as the death of a person due to the negligent, intentional, reckless, or criminal actions or inactions of another person or an organization. In this case, negligence is considered as the failure of a party to offer reasonable care when the party is legally obligated to provide such care. This, in turn, results in harm.
In a wrongful death claim, a reputable Dublin wrongful death lawyer should prove that the defendant’s negligent actions led to wrongful death. The harmed person, in this case, is unable to file their own claim. The decedent’s representatives may file this claim to recover compensation for the loss of their loved one.
Georgia’s Wrongful Death Act has been in existence for over a century. Various addendums have been made to this act since then. Under the five code sections of the act, there various possible legal grounds for a Georgia wrongful death claim. They include:
Nursing home neglect or abuse: This puts the residents of these institutions at risk.
Faulty malpractices in the construction and engineering sector: This puts the lives of construction workers and engineers at risk. Construction equipment may cause severe injuries and even death. These workers may also slip and fall from high grounds.
Criminal acts such as intentional homicide may lead to loss of life.
Defective products: If your loved one dies due to a defective product, you can sue the product manufacturer in a product liability lawsuit. Defective products, including pharmaceutical products, toys, electronics, medical devices, and defective auto parts, can result in wrongful death.
Medical malpractice: Mistakes can occur in the medical field. Surgeons, doctors, nurses, laboratory technicians, and pharmacists may disregard procedures or cut corners while offering medical care. Mistakes such as medication errors, surgical errors, medical injuries, or misdiagnosis may result in wrongful death.
Driving under the influence of alcohol or illicit drugs: The wrongful death of your loved one can happen in a car collision. Drunk driving puts all road users at risk. A drunk driver may hit your loved one, causing severe injuries.
Pedestrian accidents: If your loved one has been hit by a vehicle, they may sustain severe injuries. The impact of a pedestrian accident might be worse if the driver was speeding. Your loved one may even pass on at the scene of the accident.
Contaminated food or other sanitation issues in commercial establishments: It is the duty of all commercial establishments to serve healthy and safe food to their clients. Toxic and contaminated foods can lead to serious health complications.
Illegal or improper alcohol service: Bartenders shouldn’t continue serving alcohol to individuals who are clearly incapacitated. This may result in alcohol overdose and lead to wrongful death.
Who is Qualified to File A Wrongful Death Claim in Georgia?
The state of Georgia explicitly defines who can file a wrongful death claim. Only certain parties are allowed to bring forth these claims. Specific parties have the right to file a wrongful death claim after the death of their loved one. An experienced Dublin wrongful lawyer can provide legal counsel if you aren’t sure if you qualify to file a wrongful death claim.
Accidents, including workplace accidents, medical malpractice, acts of violence, falls, and motor vehicle crashes, can lead to wrongful deaths. If you suspect your loved one was a victim of wrongful death, you may be eligible to file a claim if Georgia law permits. The law clearly states who can file a claim in Georgia. Parties that qualify to file a wrongful death claim in Georgia include:
Surviving spouse: The decedent’s spouse has the first right to file a wrongful death claim in Dublin, GA. This party must share the wrongful death compensation with any surviving children. The surviving spouse is entitled to no less than 1/3 of the settlement. This applies regardless of the number of surviving children.
Surviving children: The surviving parent may bring up a claim on behalf of minors. Adult children may file a wrongful death claim on their own. A spouse may also file a claim on behalf of minors. Still, the spouse will be entitled to at least a third of the total compensation.
Surviving parents: If the deceased has no spouse or children, surviving parents may file a wrongful death claim in Georgia. The right to file this claim passes on to the decedent’s parents.
Personal representative: The personal representative responsible for the decedent’s estate is also at liberty to file a wrongful death claim. This can be done in place of the surviving children, a spouse, or parents.
The estate’s personal representative may be a personal administrator or a member of the family. In the event, the decedent appointed a representative in their will, this individual will assume the role. If not, a judge may appoint a representative during a probate court session. This individual will fight for compensation on behalf of the decedent’s estate or surviving loved ones. The distribution of the total recovery will be done in accordance with intestate succession laws in Georgia.
If you are still unsure whether you are eligible to file a wrongful death claim in Georgia, reach out to The Weinstein Firm. An experienced Dublin, GA, wrongful death lawyer will guide you throughout the claims process. Let us help you understand whether you have the right to seek compensation for a wrongful death claim.
What Types of Damages are Recoverable?
If your loved one has passed on due to another party’s negligence, you may be entitled to compensation. Damages for these types of claims vary from state to state. Georgia allows you to recover damages linked to the passing of your loved one as well as any injuries that your loved one suffered.
There are two distinct types of claims regarding the recovery of damages for wrongful death in Georgia. You may file a claim to recover the “full value of the life of the decedent.” The deceased’s surviving family members typically file this claim. It helps to recover monetary losses associated with tangible and intangible damages, including:
Loss of companionship: This intangible loss covers things that the decedents’ loved ones enjoyed doing in his or her company. They include playing sports, celebrating birthdays and anniversaries, having fun, going on hikes, and spending time with children.
Lost income and benefits: Wrongful death affects the amount of income an individual would’ve earned throughout their lifetime. The surviving family deserves compensation since the deceased can no longer provide income and benefits.
In Georgia, you may also file a claim to recover compensation for financial losses suffered by the decedent’s family after his or her death. This claim can be filed by the deceased’s personal representative or the surviving family. Here are some of the damages that you can recover under this claim:
- Pain and suffering
- Medical bills related to the deceased’s injuries or illness
- Funeral expenses
If the deceased doesn’t have a will, Georgia law requires the spouse to share the award with the surviving children. For minors, their portion of the award will be kept until they attain the legal age to receive their awards. An experienced Dublin wrongful death lawyer can help you determine how much your claim is worth. Contact The Weinstein Firm today to speak to an attorney regarding your wrongful death claim. Let us help you get the compensation you deserve for the death of your loved one.
Can The Surviving Family File For Punitive Damages?
Punitive damages in personal injury lawsuits are meant to punish wrongdoers for their actions or inactions. These damages are more severe than compensatory damages. A jury can award punitive damages if they feel that the defendant’s actions were grossly negligent. Punitive awards help to deter the defendant from repeating similar actions in the future.
Under the Wrongful Death Act in Georgia, punitive damages aren’t highlighted. The act doesn’t mention punitive damages. Appellate judges in Georgia courts strictly interpret the law, barring plaintiffs from seeking punitive damages for wrongful death claims. Plaintiffs can only seek punitive damages if they are linked to survival actions. This is a claim made on behalf of the deceased’s estate. They are only awarded if the plaintiff proves that the defendant’s actions were reckless or intentional.
Proving that a defendant’s actions were intentional or reckless is complicated. You require the help of a respected Dublin law firm to secure punitive damages for your wrongful death claim. At The Weinstein Firm, our lawyers will conduct thorough investigations into your case to prove the defendant’s recklessness led to the wrongful death of your loved one.
How is Negligence Proved in a Wrongful Death Case?
A knowledgeable wrongful death lawyer in Dublin, GA, can help you prove negligence in a wrongful death claim. Negligence occurs when a party disregards offering reasonable care to another party, resulting in harm. For instance, failing to yield way at a crosswalk can be construed as negligence in a car accident case.
Georgia uses the modified comparative negligence standard. You may be entitled to recover compensation if the blame for the injury is less than 50%. At The Weinstein Firm, our legal team will offer you sound legal advice regarding your legal options in a wrongful death claim.
An experienced Dublin wrongful death attorney can prove negligence using these four key elements:
Duty Of Care
Parties are legally obligated to act reasonably under certain situations to avoid accidents. For instance, surgeons are required to follow all the necessary procedures during surgical operations. The Weinstein Firm will prove that a duty existed between the defendant and the plaintiff.
Breach Of Duty Of Care
Once our Dublin wrongful death attorneys have established that a duty of care existed, we will conduct investigations to prove the defendant breached this duty. For instance, a truck driver who texts while driving breaches their duty of care. Such actions are traffic violations that can result in catastrophic accidents. The Weinstein Firm will show the court that a reasonable person would have acted in a completely different manner under similar circumstances.
The Weinstein Firm will prove that your loved one’s damages resulted from the defendant’s negligence. These damages include non-economic and economic damages such as medical bills, burial costs, lost income, and emotional distress. The actual life loss of your loved one is adequate proof of damages in a wrongful death claim.
Our skilled attorneys will demonstrate how the defendant’s actions led to the death of your loved one. We will take the defendant’s fault into account when proving causation. Our legal team will analyze police reports, medical records, eyewitness statements, surveillance footage, and any other relevant piece of evidence to directly link the defendant’s actions to the death of your loved one.
How Do You Start a Wrongful Death Claim in Georgia?
If you believe your loved one’s death resulted from another party’s negligence, you should act fast. Reach out to The Weinstein Firm today to find out if you have a case. Remember, there is a two-year statute of limitations for wrongful death claims in Georgia. This time limit is usually suspended in the event a criminal case is ongoing. The two-year time limit resumes once the case is settled.
Our legal team will gather and analyze all relevant evidence in your case. We will conduct independent investigations into your claim to establish liability. Our lawyers will then advise you if you have a case. We will carefully look into the merits and facts of your case before arriving at this decision. The Weinstein Firm will review medical records, police reports, and autopsy reports to build a watertight personal injury case.
Once we have completed our preliminary investigations, our legal team will file your wrongful death claim. The Weinstein Firm won’t rest until you get the justice you deserve. Legal processes in Georgia take time. It is advisable to start the claims process soon after the death of your loved one. Evidence such as video footage may also be deleted or destroyed. Witnesses may have forgotten their accounts of what happened. Reach out to our reputable law firm in Dublin, GA, to begin the process of recovering your damages today.
What is the Difference Between a Wrongful Death Claim and an Estate Claim?
In a wrongful death claim in Georgia, surviving members of the family demand compensation for the decedent’s full value of life. A judge and jury hearing a wrongful death case in Dublin, GA, will have to determine the full value of the deceased’s life. Parties eligible to receive compensation, including the spouse and surviving children, may receive compensation for a wrongful death claim. Damages such as lost income, loss of companionship, loss of consortium, and care can be recovered.
In Georgia, surviving family members can seek financial settlement for medical bills, pain and suffering, funeral expenses, and any other expenses in an estate claim. The decedent’s estate can also file for punitive damages. Supposing the defendant had a will, the estate’s administrator named in the will must file the estate claim in court. Georgia’s intestacy laws will apply if there is no will.
Schedule A Free Consultation With A Dublin Wrongful Death Lawyer Today
Losing a loved one due to the negligence of another person is never easy to deal with. No amount of money can make up for the wrongful death of your loved one. Wrongful death can be devastating and painful for surviving friends and family. The Weinstein Firm understands how tough it can be to lose a loved one.
At The Weinstein Firm, we will provide compassionate and caring support during this trying time. We understand how financially draining the loss of a loved one can be. We operate on a contingency fee basis. This ensures you get the best legal services in Dublin, GA, without paying any upfront fees.
Call us today at 770-HELP-NOW to speak to a knowledgeable lawyer about your case. We fully understand the intricacies of wrongful death claims. Our legal team can help you secure the compensation you deserve. Let us make a difference in your wrongful death claim today.