Have you lost someone close to you because of the negligence of someone else? Do you believe this qualifies as a wrongful death case?
Well, you may be grieving the loss of your loved one and it’s hard to get into the legal aspects surrounding the loss of your loved one. However, our Sandy Springs wrongful death lawyers can help. If you suspect that your loved ones’ death was caused by negligence, you can call The Hurt Boss team now.
We are an industry leader when it comes to handling wrongful deaths in Sandy Springs, GA. We have been around for many years and our legal experience is unmatched. Let us handle the legal aspects of your case as you mourn the loss of your loved one.
We will make sure that you are fully compensated for the loss of your loved one. Call us now and get in touch with the best Sandy Springs, GA personal injury lawyers at The Hurt Boss.
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How Is Wrongful Death Defined in Georgia?
The Wrongful Death Act in Georgia has been in use for more than a century. Over the years, there have been several addendums added to the Act.
It is categorized into 5 code sections that outline the various possible grounds for a wrongful death claim in Georgia. These include the following:
- Criminal Actions – Here, your loved one’s death is caused by criminal actions perpetrated by another individual. It includes intentional homicide.
- Medical Malpractice – These include any medical decisions that may lead to your loved one’s death such as surgical errors, misdiagnosis, medication errors, or medical injuries.
- Defective Products – Here, the death of your loved one is caused by dangerous or defective consumer products such as drugs, appliances, electronics, medical devices, or vehicles. Note that, these cases fall under wrongful death and product liability claims.
- Faulty Construction – If your loved one succumbs to death due to faulty construction of a building or engineering malpractice, it qualifies as wrongful death.
- Nursing Home Abuse – Have you lost your loved one because of nursing home neglect or abuse? It is wrongful death.
- Driving Under Influence – You can file a wrongful death claim if you have lost your loved one in a car accident where the driver was under the influence of alcohol or illicit drugs.
- Food Contamination – Wrongful death claims can also be filed if there are sanitation issues or food contamination issues in commercial food establishments.
- Pedestrian Accident Fatalities – If someone is hit while walking on the right side of the road, it qualifies as wrongful death.
- Illegal or Improper Alcohol Service – This includes a bartender serving an underage person alcohol or continuing to serve alcohol to a person who is visibly intoxicated.
If you have lost your loved one in Georgia under any of the following causes of wrongful death, call us now. We are ready to make sure that those who caused the death of your loved one are held to the law. Also, we will make sure that you are fully compensated for the wrongful death of your loved one.
Who Is Qualified to File a Wrongful Death Claim in Georgia?
A wrongful death claim allows a living family member to file the case on behalf of the deceased loved one. In Georgia, you can only file a wrongful death claim if you were related to the deceased loved one in the following ways:
The Spouse
If you were married to the deceased and are recognized by law as the legal spouse, you can file a wrongful death claim. Also, if the deceased had children under the age of 18 years and you are the legal spouse, you can file a wrongful death claim on their behalf. As the spouse, you are entitled to at least a third of the full financial recovery from the claim.
Children and Parents of the Deceased
If the deceased was not married and doesn’t have a surviving spouse, surviving children may recover compensation. If the deceased has no surviving spouse or children, the parents may file the claim.
Estate Representative
A wrongful death claim can also be filed by a representative of the deceased’s estate if any of the people above are not surviving to file the claim themselves. Any damages resulting from the wrongful death claim will be distributed to the next of kin.
Call us now at The Hurt Boss in Sandy Springs, GA and we will help you file a wrongful death claim on behalf of your deceased loved one.
What Types of Damages Are Recoverable in a Wrongful Death Claim in Georgia?
In any wrongful death suit in Georgia, the court orders the defendant to pay damages to the deceased’s surviving family or estate. Once we file a wrongful death claim on behalf of your loved one, you can recover damages such as the following:
Compensation for the Surviving Family
Here, you will be compensated for the full value of the deceased’s life. It can both be economic and intangible losses such as lost salary and wages, benefits, and services. These include what your loved one may have earned if they had lived. Also, you will receive compensation for lost advice, counsel, companionship, and care from your loved one upon their death.
Compensation to the Deceased’s Estate
The deceased’s estate can seek compensation for losses associated with the death. For these damages to be paid, the estate’s representative must make an estate claim. Some of the damages to be paid out include medical expenses accrued by the decedent before their death, funeral and burial expenses, and any other relevant expenses.
Note that, wrongful death claims may be tricky to prove if you don’t have the legal precedence to do so. However, we have worked on many wrongful death cases in Georgia and we are ready to start working on yours today. Call us now and get in touch with the best Sandy Springs wrongful death lawyers at The Hurt Boss.
How to Prove Negligence in a Wrongful Death Case in Georgia?
To successfully prove a wrongful death case in Georgia, we will prove the following as your attorneys:
- Your loved one was owed a duty of care by the defendant.
- That there was a breach of the said duty of care. It may have happened because of a specific action or negligence where another person in the same situation would have acted differently.
- That the death of your loved one was caused directly by the breach of the duty of care.
- That the family suffered losses. This can include the loss of your loved one, funeral costs, etc.
We are here to help look for the evidence required to prove a wrongful death case for your loved one. At the Hurt Boss, our experience in handling wrongful death lawsuits in Georgia is unmatched. Call us now and let us start working on your case immediately.
How Do You Start a Wrongful Death Claim in Georgia?
You need to file a wrongful death claim in Georgia within 2 years from the date of the death of your loved one. This is known as the statute of limitations. If you don’t file the wrongful death claim within this period, you will lose the right to file any lawsuit.
Of course, there are some situations where you may be allowed to file a wrongful death claim even after the period has lapsed. These include the following:
- If the death of your loved one was caused by criminal action. Here, the time period will be suspended until the criminal case is duly completed. However, it can only be suspended for a period of 6 six years. The 2-year period will start running once the case is solved.
- If the estate of your deceased loved one has not been probated, the 2-year statute of limitation will be tolled for 5 years.
It’s prudent to call us immediately if you want to get justice for the death of your loved one. Let us help you as you grieve and make sure you are fully compensated for the negligent actions that caused the death of your loved one.
Call Our Sandy Springs Wrongful Death Lawyers Today!
Losing a loved one is a tragic event. You may feel overwhelmed and unable to move on with life. However, if you involve our wrongful death attorneys at The Hurt Boss, we should be able to help you get justice for the death of your loved one.
Once you contact us, we will investigate the cause of death and make sure the defendants pay the damages owed to you. With our unrivaled experience in handling wrongful death suits in Georgia, we are the best choice of attorneys for your legal case.
We will dedicate our time to your case and make sure that you are fully compensated as the legal next of kin. Call us now at 678-806-7715 and let us start working on your wrongful death claim before your statute of limitations expires. We are here to help.
