Have you lost your loved one because of someone else’s negligence? Well, you deserve compensation, especially if your loved one was the breadwinner. Well, at Bethune Law Firm, we are ready to help you file a wrongful death claim. Call us now and get a skilled Alpharetta Wrongful Death Lawyer for your case.
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How Is Wrongful Death Defined In The State Of Georgia?
In Alpharetta, Georgia, wrongful death refers to the death of a person caused by the reckless, negligent, criminal or intentional acts of another person or entity. Negligence refers to failing to use reasonable care when you have the duty to do so thereby resulting in harm to another person.
If your loved one has passed because of wrongful death, you can hire our personal injury attorneys to handle the claim. We can make sure that you receive the compensation you deserve from the case. We will make sure the other party doesn’t go without feeling the harm it caused you.
Who Is Qualified To File A Wrongful Death Claim In Georgia?
According to the state law in Georgia, there is a specification on the people who can file a wrongful death claim. You should be:
- A spouse of the deceased person. If you have minor children with the deceased, you should represent the children’s interests in court. You can only receive a maximum of a third of the total recovery, regardless of the number of children you have.
- Children of the deceased who are not minors.
- A surviving parent of the deceased if there is no spouse or children.
- A personal representative of the estate belonging to the deceased person. Here, the damages recovered from the wrongful death claim will be held by the estate. They will benefit the next of kin of the deceased.
If you fall in any of these categories, call us today and we can represent you. Bethune Law Firm is ready to handle wrongful death claims to ensure you get fair compensation for the wrongful death of a loved one.
What Types Of Damages Are Recoverable Through a Wrongful Death Claim?
With a wrongful death claim in Alpharetta, GA, first the full value of the life of the deceased needs to be established. You can make this claim if you are a surviving family member of the deceased. It includes monetary damages with both financial and intangible items such as lost wages and benefits (especially what your loved one would have earned if they lived) and loss of companionship and care.
The second claim is done to remedy any financial losses related to the death of your loved one. It is filed on behalf of the estate of the deceased individual. It aims to recover the losses suffered by the estate after the death of the deceased. Some of the damages recovered here include:
- Funeral and burial expenses
- Medical expenses
- Pain and suffering
Note that, you need to file a wrongful death claim within 2 years of the date of death. Otherwise, the statute of limitations expires and you have no right to compensation. That’s why you need to hire us at Bethune Law Firm so we can make sure you receive the right amount of compensation for your wrongful death lawsuit.
Can The Surviving Family File For Punitive Damages?
Depending on what caused the death of the deceased, the court can also award punitive damages to the next of kin. These are awarded if the other party was involved in a reckless type of conduct resulting in the death of your loved one. Punitive damages are awarded to the next of kin to punish the other party and prevent any reckless behavior in the future.
How Is Negligence Proven In A Georgia Wrongful Death Case?
If you are filing a wrongful death case on behalf of your loved one, we can help you get the compensation you deserve. We need to prove the following aspects for your case to be successful.
Duty Of Care
We are ready to prove that the defendant owed a duty of care to your loved one such as obeying the rules of the road or driving carefully in the case of a car accident.
Breach Of Duty Of Care
Next, we will prove that the defendant breached the above-mentioned duty of care owed to your deceased loved one. If your loved one died because of a car accident, we need to prove that the defendant failed to obey traffic rules or was over speeding.
Here, we need to prove that because of the breach in the duty of care, the defendant’s actions resulted in the death of your loved one. For instance, if they skipped a red light, we need to prove that it caused the death of your deceased loved one thereby becoming a wrongful death.
Also, we need to prove that the death of your deceased loved one was not caused by anything else other than the defendant’s actions.
When you contact us for a wrongful death claim, we are ready to help! Bethune Law Firm should be your first choice for all wrongful death claims in Alpharetta, Georgia.
How Do You File A Wrongful Death Claim In Georgia?
As mentioned, a wrongful death claim should be filed within two years after the date of the death of your deceased loved one. Next, you must be qualified to file the claim in the categories mentioned above.
If you are ready to start the process, call us today. We understand that you are going through a lot of mental anguish after the death of your loved one. We will not let you suffer alone. Call us now at Bethune Law Firm and we can help.
Review Your Claim With an Alpharetta Wrongful Death Lawyer
There’s a lot of emotional turmoil when you lose a loved one. We are here to make sure that you get the compensation you deserve as the next of kin. Don’t let the defendant walk away without feeling the pinch of what has happened to you. Call us now and we will make sure you receive compensation for the wrongful death of your loved one. We are here to help.