The untimely death of a loved one can have a deeply negative impact on the wellbeing of those who depend on the individual especially if the deceased person was the sole/main provider for the family. If a loved one dies because of the negligence of another party or under avoidable circumstances, as a dependent of the deceased, you can seek financial compensation to help cater for your pain and suffering as well as any loss of support.
To get financial compensation after filing a wrongful death claim, you should work with the experienced Warner Robins wrongful death lawyers at Bethune Law Firm. For decades, we have been helping aggrieved loved ones like you and in the process, we have collected millions of dollars for grieving clients. We know how much a wrongful death hurts. Further, we know that with the death of your loved one, you have been robbed of financial support that you relied on.
We specialize in getting justice for people in your situation. If you want justice and compensation for the wrong done to you and your family, we are the professionals to call. Contact our personal injury attorneys today for a free consultation.
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What Is The Definition Of Wrongful Death In Georgia?
Under Georgia law, wrongful death is defined as the accidental death of an individual that arises as a result of the negligence, criminal actions, or reckless actions of another party.
Who Can File a Wrongful Death Claim In Georgia?
Georgia laws stipulate that only immediate family members of the deceased can file a wrongful death claim in case of accidental death. If there are no surviving close family members, the executor of the deceased’s estate or the individual who holds the power of attorney for the deceased can file a wrongful death claim.
It is however worth noting that even among immediate family members, there is a procedural line that is followed when filing a wrongful death claim. In Georgia, the procedural line is as follows:
- If the deceased has a surviving legally recognized spouse, they are usually first in line when it comes to filing a claim.
- If the deceased did not have a spouse but they have children, they have the right to file a claim.
- If the deceased did not have a spouse or children but they are survived by a parent or a legal guardian, they can file a claim.
- If the deceased does not have a spouse, children and the parents are deceased, the executor of their estate or the individual who holds power of attorney can file a wrongful death claim on behalf of the deceased’s estate. Should any compensation be awarded when a claim is filed, the executor should then hold the compensation in trust for the next of kin to the deceased’s estate.
What Types Of Damages Can I Recover With a Wrongful Death Claim In Georgia?
There are three main types of damages that can be awarded for a wrongful death claim. They include:
These damages are typically awarded against an at-fault party if they acted negligently with prejudice and caused the death of the deceased. These damages are usually a deterrent to the at-fault party and other people from carrying out similar negligent actions in the future.
These damages usually cover the monetary loss accrued by the person who files a wrongful death claim as a result of the death of a loved one. They typically tend to include things such as medical bills accrued before the deceased died, funeral expenses as well as any potential future earnings by the deceased.
These damages are usually designed to cater for intangible losses that you suffer as a result of the death of a loved one. These damages can incorporate things such as the pain brought by the death of your loved one and loss of companionship.
As a Surviving Family Member, Can I Seek Punitive Damages In a Wrongful Death Claim Case?
Yes. On filing a wrongful death claim, you can choose to pursue punitive damages from the party whose negligent actions led to the death of your loved one.
It is however worth noting that in Georgia, punitive damages are rarely awarded unless you can prove that the party you are suing acted with extreme negligence and in the process caused the death of your loved one. You should also remember that it is the court that usually determines the amount to levy as punitive damages against the at-fault party.
How Is Negligence Determined In Georgia Wrongful Death Claim Cases?
To get compensated after filing a Warner Robins wrongful death claim, you must prove liability (negligence) on the part of the party you feel is responsible for causing the death of your loved one.
To prove negligence in the State of Georgia, you must prove the following aspects:
For your wrongful death claim to sail through, you must first be able to show the court that the party you are suing had a duty to maintain an environment that would have ensured that the deceased was in a safe environment at the time they met their death.
Breach of Duty
Next, you should be able to prove that the party you are suing acted in such a way that the deceased individual was not in the kind of environment they were supposed to be in when they died. You should be able to show that the person you are showing failed to meet their minimum duty of care towards the deceased.
You should then be able to prove to the court that your deceased loved one met their end as a direct result of the breach of duty of care by the person you are suing.
Finally, you should be able to show the court that your loved one died as a direct result of the negligence (breach of expected duty of care) by the party you are suing for compensation and not because of any other thing.
When it comes to winning a wrongful death claim, the main hurdle is usually proving the aspects of negligence discussed above. Without legal knowledge, proving liability can be an uphill task. However, at Bethune Law Firm, our Warner Robins wrongful death lawyers have extensive experience proving liability. If you are looking to build a formidable case that will sail through the courts, all you need to do is get in touch now.
Why Choose Bethune Law’s Warner Robins Wrongful Death Lawyers?
The death of a loved one brings with it unimaginable sorrow and uncountable losses. At Bethune Law, we believe you have suffered enough! You do not have to fight all your battles alone. We are here for you.
With decades of experience handling wrongful death claim cases in Warner Robins, Georgia, we are the perfect legal professionals to get you justice for your loss and compensation for all your suffering.
To speak to our renowned team of wrongful death attorneys in Warner Robins, Georgia contact us at 1-800-INJURED.