While dealing with the aftermath of a loved one’s passing, it is important to understand what your options are to pursue justice. At the Bethune Law Firm, our Thomaston wrongful death lawyers have helped clients build comprehensive claims against negligent parties that led to the death of a loved one.
In a difficult situation such as this, we will help guide you through the legalities of your case and what should be taken into consideration from day one. To get started with a trusted legal team such as ours, please take the time to reach out to our personal injury lawyers at 1-800-INJURED.
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How is Wrongful Death Defined in the State of Georgia?
Wrongful death refers to any type of death that is caused due to negligent action by another party in Georgia. Some examples of this can include:
- Nursing Home Neglect
- Pedestrian Accidents
- Improper Alcohol Service
- Faulty Construction
- Driving Under the Influence
It is important to go through these details when it is time to file the wrongful death claim.
You will want to make sure the case is ironclad and that is going to happen with the help of our law team. We can make sure the right approach is taken as you build a competent legal strategy.
Who is Qualified to File A Wrongful Death Claim in Georgia?
Two parties can file a wrongful death claim. The first party is going to be the surviving family. This can include anyone from their family such as their parents, children, spouse. If there is no surviving family member to take up the case then it will rest in the hands of the estate administrator.
In a situation such as this, it is important to understand your position as a client when it comes to the estate. We can help at the Bethune Law Firm to make sure you are eligible to file the claim.
What Types of Damages are Recoverable?
Two types of damages are recoverable when it comes to wrongful death claims in Thomaston, Georgia.
You will have the ability to ask for economic damages in the legal claim. These damages are straightforward as you are going to be asking to recoup all expenses that went into the treatments, burial, and anything else associated with the deceased’s passing. It is important to list all of these expenses in the claim to receive maximum compensation.
You will also have the ability to ask for specific non-economic damages, which can include grief, stress, anxiety, and the overall impact this death has had on everyone else. It is possible to receive compensation for both types of damages in Georgia.
Can The Surviving Family File For Punitive Damages?
One of the key details to think about will be what’s going to be cited in the legal claim.
You can list economic and non-economic damages but what about punitive damages? In general, you cannot list punitive damages in the wrongful death claim.
All of these damages are handled separately by the judge and are based on their discretion. If the case requires these damages then they will be included by the judge.
This tends to vary based on what took place on the day of the incident.
How is Negligence Proved in a Wrongful Death Case?
Negligence is an essential component of a wrongful death claim in Georgia. Your goal has to be to go through the four steps associated with demonstrating liability. This is going to be the heart of your wrongful death claim.
In general, you are going to show the other party had a duty of care in the situation (i.e. following the rules) and they breached this duty. Along with this, you will have to demonstrate the other party’s negligent actions directly led to the wrongful death. If you can do all of this, you will have an eligible wrongful death claim on your hands.
How Do You Start a Wrongful Death Claim in Georgia?
If you wish to move forward with a wrongful death claim in Georgia, it is important to file a detailed legal claim to the state. You will want to collect all of the relevant evidence, focus on the case details, and ensure the other party is mentioned in the claim.
If you wish to do this the right way, it is best to speak to our team at the Bethune Law Firm. We are trained to help with these filings and will know how to make sure it goes through immediately. For those wanting to work with us, please give us a call at 1-800-INJURED.
What is the Difference Between a Wrongful Death Claim and an Estate Claim?
It is always important to know the various legal terms that can be thrown around during legal proceedings in Georgia.
In general, you are going to be leaning towards a wrongful death claim. This type of claim looks to focus on the negligent actions of another party that led to the passing of the victim.
On the other hand, an estate claim is geared towards the deceased’s assets in their estate. This means if they owe any debts in the state of Georgia then an estate claim can be filed to recoup that amount through their assets.
It is essential to know about these differences, which is why a competent lawyer can help.
File Your Claim With A Thomaston Wrongful Death Lawyer
The death of a loved one is difficult to fathom and it brings along with it a long list of questions about what occurred. This is why it is important to fight for your loved one when it comes to wrongful death claims. By taking the time to reach out to our law firm, it is possible to put in a legal claim that will help fight for justice.
If that is what you are after as a client, why not work with us at the Bethune Law Firm? We are a passionate team and one that is well-equipped to handle wrongful death claims. To work with one of our reputable lawyers, please take the time to call our Thomaston personal injury firm at 1-800-INJURED.