Wrongful death cases will require a surviving family member and/or estate administrator to understand the importance of fighting for the deceased’s rights. If you are struggling with this type of case and want to ensure it is handled with care, the best approach is to go with a certified Dunwoody wrongful death lawyer at Bethune Law Firm.
At the Bethune Law Firm, our Dunwoody attorneys take pride in our work and will always put in the extra work needed to deliver impressive results. To learn more about what we can do for you in this situation, please give us a quick call at (404) 875-7800.
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How is Wrongful Death Defined in the State of Georgia?
When it comes to wrongful death in Georgia, this is defined as any act of negligence that directly leads to the wrongful death of the deceased. It is important to prove the defendant’s actions were against the law and caused harm to the other party to the extent of death. This includes the defendant having a duty of care in the situation and failing to uphold it as required. To learn more about how to build a strong legal claim, feel free to speak to a trusted Dunwoody wrongful death lawyer at our law firm.
Who is Qualified to File A Wrongful Death Claim in Georgia?
It is allowed for surviving family members to file a wrongful death claim in Georgia. If there are no surviving family members on hand, the estate’s administrator can take care of this task as they will be the sole decision-maker in this process.
As long as the claim is filed by one of these two parties while following the statute of limitations, it is going to be moved to the next step in the legal process. To learn more about your options in Dunwoody, please call our law firm at (404) 875-7800.
What Types of Damages are Recoverable?
When you are going through with a legal claim such as this, it becomes important to understand what type of damages are recoverable. In most cases, you will have the ability to cite economic and non-economic damages. Economic damages can include lost income, medical fees, and prescription costs, while non-economic damages focus more on stress and anxiety. You will want to have a complete legal claim that looks at both types of damages in great detail.
Can Surviving Family Members File For Punitive Damages?
In general, Georgia does not allow surviving family members to file for punitive damages. This means the only way to move forward with punitive damages is if it is authorized by the court. This is going to come down to the nuances of the case at hand.
The judge is going to determine whether or not the defendant’s actions were intentional. If so, they can move forward with the punitive damages.
How is Negligence Proved in a Wrongful Death Case?
One of the most important details that you are going to have to go through will be negligence and how to prove the other party is guilty of wrongdoing. In general, Georgia has strict standards for proving this to be true.
The first is going to be showing the defendant had a duty of care in that particular situation. This can be something as simple as a driver on the road abiding by the rules of the freeway.
It is also important to show there was a breach of duty of care. This means they broke the rules that led to the wrongful death.
You will also have to show there is a direct connection between the accident and the death that took place. It is also important to show it was the defendant’s actions and not something that happened after which led to the wrongful death.
All of these details are going to matter as you go through with the legal claim in Dunwoody.
How Do You Start a Wrongful Death Claim in Georgia?
When you want to move forward with a wrongful death claim in Georgia, it is important to make sure you are going through the appropriate legal steps. This is why having a Dunwoody wrongful death lawyer can be a big help.
We can make sure the evidence is prepared and the legal claim is airtight. This will ensure you can have it submitted to the state within the established time limit. In general, you will have to make sure the wrongful death claim is within two years from the time of the person’s death. If you want to learn more about how we can help, give us a call at (404) 875-7800.
What is the Difference Between a Wrongful Death Claim and an Estate Claim?
When it comes to a wrongful death claim, this can be cited as any claim that is made to seek justice for another party’s negligent act. It is designed to prove the negligent act was the reason for the individual passing away. On the other hand, an estate claim is built on the idea of filing a claim against the estate of the deceased.
This can include potential debts they owed and/or other relevant issues that can be taken from the estate through this type of claim. They are two different segments of the law and both can be handled by certified legal professionals such as the ones found at our law firm.
Contact A Dunwoody Wrongful Death Lawyer for a Free Consultation
Wrongful death lawsuits are essential in preserving the memory of your loved one and making sure justice is served. If you want to make sure the right approach is taken when it comes to your legal strategy then it is time to choose our law firm. At Bethune Law Firm, we are all about working with our clients and putting together a comprehensive solution that will help you see a positive verdict.
With our law firm, you will know we are professional, experienced, and will guide you throughout the journey. To learn more about what we can do for you and what we have to offer, give us a quick call at (404) 875-7800.