No one is ever ready to cope with the loss of a loved one. Regretfully, sometimes we lose loved ones due to the negligence of others. A loved one’s wrongful death may be due to many reasons, including a car crash, medical malpractice, or defective products. The days that follow a wrongful death can be very challenging for the victim’s family.
If you’ve lost a loved one due to another party’s negligence, you require the services of an experienced Griffin wrongful death lawyer. You may be entitled to compensation for the loss of your family member. Georgia’s wrongful death laws can help you recoup damages for the wrongful death of your loved one.
Our personal injury attorneys at Bethune Law Firm are extremely experienced in Georgia’s wrongful death claims. We can help you get the justice and compensation you deserve. Call us now at 4048757800 to get started!
How is Wrongful Death Defined in the State of Georgia
The state of Georgia defines wrongful death as the loss of a loved one due to the reckless, negligent, criminal, or intentional actions of an individual or an entity like an institution. Negligence in a wrongful death claim is considered a failure to provide reasonable care when there is a duty to provide such care, resulting in harm.
Wrongful death claims share similarities to personal injury cases. Both claims require lawyers to prove that the negligent actions or inactions of an individual resulted in harm. However, in a wrongful death claim, the harmed party isn’t available to file a claim on their own. A Griffin wrongful death claim has to be brought to court by representatives of the deceased person.
No amount of money can replace the loss of your loved one. Nonetheless, Georgia’s wrongful death laws can help you get the justice you deserve for your loved one’s death. Talk to an experienced Griffin wrongful death lawyer at Bethune Law Firm today to find out if you have a wrongful death case.
Who is Qualified to File A Wrongful Death Claim in Georgia?
Not everyone is allowed to file wrongful death claims in Georgia. Only specific parties are allowed to file these claims. The first individual allowed to file a Griffin wrongful death case in court is the deceased person’s spouse.
Georgia’s wrongful death laws also permit the surviving children’s interests to be presented in court. The decedent’s spouse is entitled to receive no less than a third of the total settlement, regardless of the number of surviving children.
The deceased’s parents may file a wrongful death claim in Griffin, Georgia if there isn’t any spouse or surviving children. The claim may also be brought to court by the personal representative of the victim’s estate. If this representative receives settlement money, the victim’s estate will hold the compensation for use by the next of kin.
What Types of Damages are Recoverable?
The surviving family of a Griffin wrongful death victim may be entitled to recover certain damages. Damages for wrongful death claims vary from state to state. In Georgia, you will receive compensation for damages directly associated with the injuries and loss of your loved one.
In Georgia, there are two distinct types of wrongful death claims. One type of claim seeks to unearth the full value of the life of the decedent. This kind of claim can be brought by the victim’s surviving family. It covers monetary damages relating to financial and intangible damages. They include:
- Lost income and benefits. This compensation includes what the wrongful death victim may have earned if they had lived.
- Loss of companionship
You can also file a wrongful death claim in Georgia to recover financial losses associated with the victim’s death. The decedent’s estate can file this claim. It seeks to recover damages to the estate incurred due to the untimely death of your loved one. You can recover the following claims when you file this type of claim:
- Funeral and burial costs
- Medical expenses
- Pain and suffering endured by the victim before passing on
You should contact an experienced Griffin wrongful death lawyer to help you determine the value of your Georgia wrongful death claim. At Bethune Law Firm, our seasoned Griffin wrongful death attorneys can help determine your damages and present the best case.
Can A Surviving Family File For Punitive Damages?
Judges typically award punitive damages to punish defendants for their negligent actions. In Georgia, punitive damages aren’t available for wrongful death claims following an individual’s death.
In multiple instances, Georgia courts have held that punitive damages aren’t recoverable in wrongful death claims. They consider wrongful death claims punitive measures as is. Nonetheless, the jury may award punitive damages on behalf of estate claims in a wrongful death lawsuit.
Punitive damages may be awarded if an experienced Griffin wrongful death lawyer proves willful misconduct, fraud, oppression, malice, or wantonness caused the death of your loved one.
How is Negligence Proved in a Wrongful Death Case?
In Griffin, Georgia, you have to prove the following elements when filing a wrongful death claim:
Duty
At Bethune Law Firm, our experienced Griffin wrongful death lawyers will first prove that the defendant had a duty to provide care to your loved one. We will prove that it was the defendant’s obligation to keep the victim safe and secure. We will also point out what a “reasonable person” would have done under similar circumstances.
Breach
Our competent Griffin wrongful death lawyers will then demonstrate how the at-fault party violated their duty of care.
Damage
Our legal team at Bethune Law Firm will prove that the victim suffered damages due to the defendant’s negligence. They will include both economic and non-economic damages as well as the loss of life.
Causation
The actions or inactions of the at-fault party are the reasons for the injury and death of your loved one. Bethune Law Firm will prove the defendant’s negligence or recklessness caused the death of your family member. We will gather relevant evidence to rule out any other reasons for the wrongful death of your loved one.
How Do You Start a Wrongful Death Claim in Georgia?
You should contact Bethune Law Firm today to get started with your Griffin wrongful death claim. Our seasoned wrongful death attorneys will determine whether your claim is viable. We will assist you in filing your lawsuit against the party responsible for your loved one’s death. Bethune Law Firm will also determine the extent of your damages. Remember, you only have two years from the date of your loved one’s death to file a claim.
Contact Our Griffin Wrongful Death Lawyers Today
You should contact a wrongful death lawyer if you have lost a loved one due to another party’s negligence. Bethune Law Firm helps families in Griffin, Georgia, get justice for their loved ones’ wrongful deaths. Let us help you hold the at-fault party accountable.
At Bethune Law Firm, we will carry out in-depth investigations to unearth all negligent parties. We will handle settlement negotiations with the defendant’s insurance company to ensure you get fair compensation. We will also make sure you understand all your legal options.
Call us today to get started with your Griffin wrongful death claim. Our lawyers are ready to answer any questions you may have. Contact us now at 4048757800 to schedule a free case review.
