Have you recently lost a loved one? Do you believe their death qualifies as wrongful death? Well, you might be eligible for compensation for their wrongful death. If lost a loved one due to someone else’s negligence you need to talk to the best Buckhead wrongful death lawyers at Bethune Law Firm. We have worked on various wrongful death cases over the years and understand everything about wrongful death in Georgia. Call us now at 1-800-INJURED and our personal injury lawyers can help out with the wrongful death case of your loved one.
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How Is Wrongful Death Defined In Georgia?
The wrongful death act in Georgia has been around for at least 100 years. Over the years, there have been several addendums to the act to what we know today. It has five code sections that provide an outline of the various possible scenarios that qualify for a wrongful death claim in Georgia. These include the following.
- Criminal actions such as intentional homicide
- Medical malpractice such as medication errors, surgical errors, medical injury or misdiagnosis.
- Defective products where a wrongful death is caused by defective or dangerous consumer products such as medical devices, drugs, vehicles or electronics. These will prompt product liability claims under the wrongful death clause.
- Faulty construction and engineering malpractice.
- Nursing home neglect or abuse.
- Driving under the influence of alcohol or drugs.
- Contaminated food or any other sanitation issues identified in commercial establishments.
- Pedestrian accident fatalities
- Illegal or improper alcohol service such as a bartender who continues to serve alcohol to a person who is visibly intoxicated.
If you have lost a loved one under the following circumstances, call Bethune Law Firm today and we can help you file a compensation claim today.
Who Is Qualified To File A Wrongful Death Claim In Georgia?
In Buckhead, GA, you can file a wrongful death claim if you fall under the following categories.
- The spouse to the deceased person. If you are the spouse and have minor children with the deceased, you should represent the interests of the children in court. As the spouse, you can only receive a third of the total recovery, regardless of the number of children present.
- Adult children of the deceased
- Surviving parents of the deceased
- The personal representative of the deceased’s estate. If this happens, the damages recovered will be held by the estate for the benefit of the next of kin of the deceased individual.
What Types Of Damages Are Recoverable?
In Buckhead, GA, there are 2 unique types of wrongful death claims. First, the claim will establish the full value of the deceased’s life. It is usually filed by the surviving next of kin of the deceased and usually includes monetary damages related to the financial as well as the intangible value of the deceased’s life. These include:
- Lost wages and benefits, including what the deceased person would have earned if they had lived.
- Loss of companionship, care and other intangible benefits that the deceased offered to their loved ones.
With the second type of claim, the aim is to offer compensation for the financial losses resulting from the death of your loved one. It is usually filed on behalf of the deceased’s estate and aims to recover the losses the estate has suffered as a result of the untimely death of the deceased. Some of the recoverable damages include the following.
- Medical expenses as a result of the illness or injury suffered by the deceased.
- Funeral and burial expenses
- Conscious pain and suffering the deceased suffered right before their death
At Bethune Law Firm, we are dedicated to making sure that you are fully compensated for the loss of your loved one. Call us now and we will make sure that you receive these damages from the loss of your loved one. We are ready to start working on your case immediately.
How To Prove Negligence In A Wrongful Death Case In Georgia?
If you have lost a loved one in Buckhead, GA, we can help prove the case in the following ways.
- Duty – Here, we need to prove that the liable party owed your loved one a duty of care in the circumstance.
- Breach – Next, we will prove that the defendant violated or breached their duty of care. It could have been done through a specific action that another person in a similar situation would have acted appropriately.
- Damage – Here, we will prove that the breach of duty resulted in the death of your loved one directly.
- Causation – Finally, we can prove that the death of your loved one resulted from the actions of the liable party and not any other cause.
With our extensive legal experience, we can prove the above parameters and make sure that you win your case without fail. We have worked on numerous wrongful death cases in Buckhead, GA, and are willing to help with your case today. Call us now and we can start working on your case immediately.
What Are The Time Limits On A Wrongful Death Case In Buckhead, GA?
The statute of limitations refers to how long you have to file a wrongful death case to court. In Georgia, the wrongful death claim must be filed within 2 years after the date of death of your loved one. If you don’t file your claim within 2 years, you will not be eligible for compensation.
Note that, the 2-year time limit might not matter especially if there is a criminal case in court dealing with the same events that caused the wrongful death. Here, the time limit will be suspended until the criminal case is completed. Also, the wrongful death time limit can be increased to 5 years if the deceased person’s estate is not probated.
Schedule A Free Consultation With A Buckhead Wrongful Death Lawyer
If you are not conversant with the legal aspect of a wrongful death case in Georgia, we are here to help. Bethune Law Firm has worked on many wrongful death cases in Georgia over the years we have been in business. We are equipped with the tools and knowledge to make sure that your wrongful death claim is successful. Call us now and talk to one of the top wrongful death attorneys in Buckhead, Georgia.