If you have lost a loved one because of the negligence of another individual, you need to seek compensation. A Roswell wrongful death lawyer at Bethune Law Firm is here to help with any wrongful death lawsuits in Roswell, GA. We have decades of experience advocating for next of kin who have been affected by the wrongful death of their loved one. Our Roswell injury lawyers are dedicated to seeking compensation for your lost loved one to help you with your financial burden during this trying time. Call us now and we can start working on your wrongful death claim in Roswell, GA.
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How Is Wrongful Death Defined In The State Of Georgia?
Wrongful death refers to the loss of the life of someone due to the negligent or deliberate acts of another individual. In wrongful death lawsuits, the plaintiff holds another party liable for the loss of life that could have been prevented. A wrongful death claim can be brought against a party whose negligent or deliberate acts result in the death of another person.
No amount of money can replace the loss of a loved one, the next of kin should be able to regain financial stability after the wrongful death of their loved one. Some of the known causes of wrongful death in Georgia include the following:
- Drunk driving
- Negligent or careless conduct
- Medical malpractice
- Defective products
- Engineering malpractice
- Nursing home neglect or abuse
- Unsafe prescription drugs
- Contaminated food
- Dangerous medical devices
- Faulty construction
- Illegal sale or improper service of alcohol
- Intentional homicide
- Unlawful or criminal acts
If you have lost a loved one because of these or more reasons, you have the right to pursue a wrongful death claim. Call Bethune Law Firm today and get the best Roswell, GA wrongful death attorneys on your case.
Who Is Qualified To File A Wrongful Death Claim In Georgia?
Not everyone related to the deceased can pursue a wrongful death claim. In Georgia, here are the people who can pursue a wrongful death claim for a loved one.
- The spouse
- The children, if there is no spouse
- Living parents, if there is no spouse or children
- The administrator of the deceased’s estate if there is no spouse, children, or living parents.
Parents are allowed to pursue wrongful death claims for the wrongful death of their children if they are minors. Each living biological parent has the right to pursue a biological claim and receive an equal share of the compensation. If both parents are married and living together, they can pursue a joint claim. However, if both parents are alive but divorced or living apart, one parent can pursue the claim on their own and share the proceeds with the other parent.
On the other hand, parents of children who were adopted legally or born out of wedlock can pursue claims for their children. The biological parents of an unborn child can also pursue a wrongful death claim if the fetus was quick at the time of their death or if the fetus sustained injuries that resulted in their death.
What Are The Recoverable Damages In A Wrongful Death Case In Roswell, GA?
All the damages awarded in a wrongful death case in Georgia relate directly to the injury and death of the deceased. Any damages the surviving family members will suffer as a result of the death of their loved one will not be recoverable. The types of damages recoverable include the following.
- The full value of the life of the deceased
- Funeral, medical and other expenses resulting from the injury or death of the deceased
- Medical expenses, pain and suffering of the deceased, and other damages accruing during the period between the deceased’s injury and their death.
Once the next of kin pursue a wrongful death claim after the death of their loved one, he/she must do so to benefit those who are beneficiaries. For instance, if the deceased is survived by a spouse only, he/she will be the sole beneficiary and will receive 100% of the recovered amount. If there is a spouse and two children, the spouse will share the recovered amount between herself and the two children equally. If there is a spouse and three children, the spouse will receive a third of the proceeds and the three children will split the two-thirds equally. According to Georgia law, the spouse’s share can’t be less than a third, regardless of how many children are present.
How Is Negligence Determined In A Wrongful Death Case In Roswell, GA?
Here are the parameters used to determine wrongful death in Georgia.
- Duty Of Care – At Bethune Law Firm, we will work tirelessly to prove to the court that the defendant owed the deceased a duty of care in any situation.
- Breach Of Duty Of Care – Next, we will prove that the defendant breached the said duty of care. It could have been done through a specific action that any other individual would have avoided thereby preventing the loss of life of the deceased.
- Damage – Next, our job is to prove that the breach of the duty of care resulted in the death of the deceased.
- Causation – Finally, we can prove that the death of the deceased was only caused by the breach of duty of care and nothing else.
Call a Roswell Wrongful Death Lawyer for a Free Consultation
Note that, the statute of limitations for filing a wrongful death claim in Georgia is 2 years from the date of death of your loved one. Therefore, you need to act fast if you need to seek compensation for the death of your loved one. Call Bethune Law Firm immediately and we can help you file a wrongful death claim for the death of your loved one in Roswell, GA.
With our dedication and expertise, you can rest assured that we always put your interests first. We work on a contingency basis so you will only worry about the legal fees after you have received compensation for the wrongful death of your loved one. We also have enough resources and knowledge to follow the wrongful death laws in Georgia without fail. Call us now and get in touch with our top attorneys at Bethune Law Firm.