In Carrollton, Georgia, wrongful death refers to the death of someone resulting from the reckless, criminal, negligent, or intentional actions of another person or business. If you have lost someone because of such actions, you need to call the Carrollton wrongful death lawyers at Bethune Law Firm. Having worked on numerous wrongful death cases in Georgia, we are ready to help. Our personal injury lawyers can file a claim and make sure you receive the rightful compensation for the death of your loved one.
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What Are The Common Causes For Wrongful Death?
If you have lost a loved one in any of the following cases, they might qualify as wrongful death. These include:
- Car accidents
- Motorcycle accidents
- Plane crash
- Medical malpractice
- Product liability
- Work accidents
- Truck accidents
- Train accidents
- Animal attacks
If the death of your loved one was caused by the criminal, negligent, intentional, or reckless acts in any of the incidents mentioned above, you have a right to get compensation. Call us now at Bethune Law Firm and we will help you get the compensation you deserve for the wrongful death of your loved one.
Who Is Qualified To File A Wrongful Death Claim In Carrollton, Georgia?
After the wrongful death of someone, there are a lot of people who are affected. In Georgia, here is a list of people who can file a wrongful death claim.
- The Spouse – There should be a legal marriage certificate showing that you are the spouse of the deceased so you can qualify to file the claim.
- Children – If there is no legal spouse, the children can file the claim.
- Deceased’s Parents – If there is no spouse or children, the deceased’s parents can file the claim.
- Executor Of The estate – If there is no spouse, children or parents, the executor of the deceased’s estate can file the claim.
Note that, if the deceased had a spouse and children, the spouse will file the claim on behalf of the children and they will share the damages. The spouse should only receive a third of the compensation. If there is a will where the victim failed to award anything to the children, the spouse will receive the entire compensation.
Note that, if a child (under the age of 18) is lost, the parents, adoptive parents or guardians will file the wrongful death claim. Any parent with an appropriate relation to the deceased child will receive a portion of the damages resulting from the wrongful death suit. If the parents are separated or divorced, one parent might file the claim but should share the damages with the other parent.
If you qualify in any of these categories, call Bethune Law Firm to handle your wrongful death claim. We are ready to make sure that you receive the full compensation amount.
Types Of Damages In A Wrongful Death Claim In Carrollton Georgia
In any wrongful death case in Carrollton, Georgia, the damages are divided into 3 categories. These include the following.
Full Value Of Life
Here, a monetary value will be determined for the life of the deceased. Note that the amount is very subjective and the jury will assign the amount they think is fair. The damages in this category are further broken down into economic value and non-economic value.
The economic damages refer to those resulting in the earning capacity of the deceased, especially if he/she was a working adult. These include salary, pension, and benefits. If the deceased is a child, a stay-at-home-parent or an unemployed victim, the economic damages will still be assigned.
On the other hand, the non-economic damages take into account that the deceased’s life was cut short and they could have enjoyed a longer and happier life if the incident had not happened. The damages are not limited in Georgia, except for medical malpractice claims. The jury will award a fair amount to the next of kin.
Medical And Burial Expenses
These damages are awarded to the next of kin to handle medical and burial expenses. It’s prudent to keep a list of expenses to ensure that you get a fair amount when recovering the compensation.
These are rare damages that might be awarded by the court in a wrongful death suit. Punitive damages are awarded by the court to punish the defendant for their actions resulting in the death of someone. They are mostly awarded if the defendant’s intentional actions harmed the deceased.
Call Bethune Law Firm today and get in touch with the best Carrollton Georgia wrongful death lawyers so you can receive the best compensation for the death of your loved one.
How Can A Carrollton Wrongful Death Lawyer Prove Negligence?
You have two years to file a wrongful death claim after the death of the deceased. After two years, your claim is voided. You should contact us immediately if you suspect the wrongful death of your loved one. We can prove negligence in the following ways.
Duty Of Care
First, we will prove that the defendant owed the deceased a duty of care. For instance, if it was a vehicular accident, the defendant should have followed proper traffic laws and regulations or avoid driving while intoxicated.
Breach Of Duty Of Care
Next, we need to prove that the defendant actually breached that duty of care. Basically, it means that if it was a car accident, they failed to follow traffic laws or were driving while intoxicated.
Next, we will prove that the breach of duty of care resulted in the death of the deceased directly. If it was a car accident, we will prove that because the defendant was at fault for the accident that resulted in their death.
Here, we need to prove that the deceased didn’t die of anything else besides the breach of duty of care. For instance, if the deceased died because of poor medical services after the accident, the defendant might not be held liable.
At Bethune Law Firm, we are ready to investigate the wrongful death and get the evidence needed to prove the case. Call us now!
File Your Claim With Our Attorneys
Having lost someone might result in a lot of grief. You might not be in the best frame of mind to handle any legal processes. Let us help you get the compensation you deserve for the wrongful death of your spouse or child. Call us now at Bethune Law Firm and work with the best wrongful death lawyers in Carrollton Georgia!