Dealing with a wrongful death case means recognizing what the state of Georgia has listed as important regulations to keep in mind. It is a difficult period to deal with and it’s important to make sure you are aware of your legal options.
You will want to move forward with a comprehensive lawsuit and this is going to start with a competent Buckhead wrongful death lawyer. You will want to take the time to reach out to The Hurt Boss because we are qualified, professionally trained, and committed to helping clients.
With our attention to detail, you are going to be treated with a high level of care and your case is going to work out as you want it to.
If you are thinking about going with a qualified wrongful death lawyer, you will want to start with The Hurt Boss at 678-806-7715. We are going to ensure you are treated with respect and your case is heard as soon as possible. Call our Buckhead personal injury lawyers today for a free consultation.
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How Is Wrongful Death Defined in the State of Georgia?
The most important thing you are going to want to think about will be the definition of wrongful death in the state of Georgia.
It is essential to get these details down as you begin to put together a legal case against the other party. There are a few details to think about and you will know a trusted law firm can help with them as soon as the process begins.
Wrongful death cases can happen for different reasons and it is essential to start by analyzing each variation.
These reasons can include:
- Car accidents caused by careless or reckless driving.
- Criminal actions.
- Medical malpractice, such as medication mistakes, surgical mistakes, wrong diagnosis, or medical injury.
- Defective products. Wrongful death due to a product defect or a dangerous consumer product such as a malfunctioning appliance, drug, medical device, electronic, or vehicle leads to product liability claims for wrongful death.
- Negligent construction and engineering malpractice.
- Nursing home neglect.
- Driving under the influence (drugs or alcohol).
- Contamination in food or additional sanitary concerns in commercial establishments.
- Pedestrian accident.
- Illegal or incorrect alcohol service (continually serving alcohol to someone that is severely intoxicated).
If you associate with one of these situations and want to move forward with a legal case, you will want The Hurt Boss to help out every step of the way.
We are well aware of what these types of cases entail and that is why having us by your side is essential. We are going to leave no stone unturned in helping out and that is going to provide peace of mind as you look to move forward.
If you want to go with the best wrongful death lawyers in Buckhead, then it’s best to reach out to us at 678-806-7715.
Who Is Qualified to File a Wrongful Death Claim in Georgia?
When you are moving forward with a wrongful death claim, it’s best to look at what your options are. You will also want to make sure you are eligible to file this type of legal claim in the state of Georgia.
In this state, you are going to have to be the spouse, child, or parent of the deceased. If the deceased has no living spouse, child, or parent, the estate administrator can file a wrongful death claim.
This is why it’s important to consult with our law firm as soon as you can. We are going to go through the wrongful death case to see what your options are and how to move forward with the legal claim. This is pertinent when you want to do things the right way.
If you are thinking about moving forward with a good Buckhead wrongful death lawyer, you will want to give us a call at 678-806-7715. We are going to help with this process and make sure you are well taken care of.
What Types of Damages Are Recoverable?
When you are looking through the core details of the wrongful death claim, it’s also important to consider what is going to be cited in the claim itself.
In general, you are going to have a few types of damages that can be written in the legal claim. These damages are going to be the heart of the claim and will help illustrate what the cost is going to be.
You are going to begin with economic damages. These are damages where you have had to pay a monetary amount for expenses that happened due to the death. This can include burial costs, medical fees, and/or other expenses that need to be compensated for.
You can also cite non-economic damages in the legal claim. These are damages that include loss of companionship, loss of support, etc.
Please take the time to reach out to us at 678-806-7715. We are going to help ensure you get the full compensation you rightfully deserve.
Can Surviving Family File for Punitive Damages?
Punitive damages aren’t mentioned in Georgia’s wrongful death act. As such, judges strictly interpret the law and don’t permit the award of punitive damages in wrongful death claims.
However, punitive damages are possible in an estate claim. In this type of claim, the estate seeks to recover expenses like funeral costs and the deceased’s medical bills. The estate can also pursue damages for pain and suffering by the deceased if he/she didn’t die immediately.
Even if the deceased only survived for a few seconds, it’s possible to seek punitive damages. Similar to personal injury cases, punitive damages in estate claims are awarded where the court decides the party at fault intended to harm the deceased or when they showed extreme disregard for others’ wellbeing.
If you want to do this the right way and don’t want to leave any stone unturned when it is best to consult with a wrongful death lawyer as soon as possible. We are going to help with this part and will ensure everything that can be listed is put in the legal claim.
How Is Negligence Proven in a Wrongful Death Case?
Negligence is one of those things that need to be proven when it comes to a wrongful death case. You are going to have to show how the other party didn’t complete their duty in that situation and that is what led to the individual’s death.
Negligence has to be proven based on the following information:
- Duty: You must demonstrate to the court that the defendant had a duty of care in the given situation.
- Breach of Duty: You must show how the defendant did not maintain this duty of care in the situation. This could be due to not acting properly or taking the wrong action when someone else in the same situation would have acted correctly.
- Causation: You must show that the death was caused due to the defendant’s actions and not due to any other cause.
- Damages: You are expected to show how the defendant’s actions led to physical, emotional, and financial harm.
If you are looking to go through the different details associated with the case, it’s best to start here. You are going to learn the ins and outs of what is going to be written in the legal claim against the defendant.
How Do You Start a Wrongful Death Claim in Georgia?
When you are looking to move forward with a wrongful death claim in Georgia, you will want to start with a lawyer that handles these types of cases.
The goal is to get the legal claim filed within two years from the time of death. This is going to make sure it gets in front of the statute of limitations.
If you are thinking about doing things the right way, you are going to want to choose a wrongful death lawyer that is qualified to help.
To learn more about your options, please take the time to reach out to us at 678-806-7715.
What Is the Difference Between a Wrongful Death Claim and an Estate Claim?
Both wrongful death and estate claims are usually brought following the wrongful death of a person. However, there is a significant difference between the two. A wrongful death claim is usually filed by the surviving members of the decedent and is meant to recover compensation for the full value of the decedent’s life.
On the other hand, an estate claim is usually brought by the representative of the estate to recover compensation for financial losses suffered by the estate as a result of the decedent’s death. Unlike wrongful death claims, estate claims can include punitive damages.
Call Our Experienced Buckhead Wrongful Death Lawyers!
We know this is a time that is going to be difficult for you. It is a time when you are going to want to grieve and that is why consulting with a trusted law firm is your best option. We are qualified to handle wrongful death cases and will do it professionally.
To learn more about what we can do for you and why we are the best option in Buckhead, please take the time to reach out to our team at 678-806-7715.
At The Hurt Boss, we want to make sure your needs are met every step of the way as that is what matters most. Your initial consultation is free, and you pay nothing unless we win you compensation.