Wrongful Death Attorney
How a Georgia Wrongful Death Attorney Can Help You
A wrongful death attorney in Georgia is someone you want to talk to if you or a loved one has suffered an accident in the workplace. You may be entitled to claim “the full value of the life of the decedent” under Georgia‘s Wrongful Death Act. It is important to be aware that you must (usually) file your claim within 2 years of death.
Individuals who lose a loved one to wrongful death may be eligible to bring a lawsuit seeking compensation to help pay for expenses such as burial costs, loss of income, pain, and suffering, and other damages.
The highly skilled and compassionate Georgia wrongful death attorneys at Murphy Law are ready to hold all the liable parties accountable and seek compensation to help your family move forward. We understand this is a difficult time for your family, and we will do everything we can to help you through it.
What Does a Wrongful Death Lawsuit Cover?
Wrongful death lawsuits are brought against a person who has caused the death of another person through negligence or intentional harm. The lawsuit is brought by the deceased person‘s family or estate and seeks compensation for the loss of the deceased person.
Why You Need a Lawyer to Handle a Wrongful Death Claim
If you have suffered the loss of a loved one due to the negligence of another, you may be entitled to file a wrongful death claim. While you are not required to have an attorney to file this type of claim, it is highly recommended. An experienced attorney will be able to guide you through the process and ensure that you are taking the necessary steps to build a strong case. Additionally, an attorney can help you navigate the often complex legal system and maximize the compensation you are ultimately awarded.
Causes of Wrongful Death
A wrongful death occurs when a person dies as a result of another person‘s negligence or intentional actions. Some common causes of wrongful death include car accidents, medical malpractice, and homicide. If a loved one has died due to the negligence of another person, you may be able to file a wrongful death lawsuit.
Five Georgia Wrongful Death Points
- Wrongful death is defined as the death of a person caused by a reckless, criminal, negligent, or intentional act of another party.
- Under Georgia law, only certain individuals can bring a wrongful death lawsuit, including the spouse of the deceased, the parents of the deceased, or a designated representative of the deceased‘s estate.
- A wrongful death lawsuit may seek to recover damages including medical bills, funeral and burial expenses, pain and suffering, and punitive damages.
- An experienced Georgia wrongful death lawyer can help with the challenges of a wrongful death lawsuit, including determining who is eligible to bring the lawsuit, collecting and preserving evidence, and proving the case.
- Common causes of wrongful death include car accidents, truck accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, Uber and Lyft accidents, negligent security or premises liability claims, and defective products.
FAQs about Wrongful Death
Who can file a wrongful death claim in Georgia?
In the state of Georgia, a wrongful death claim can be filed by the surviving spouse, children, or parents of the deceased. If there are no surviving immediate family members, then the claim can be filed by any other surviving family members who were financially dependent on the deceased.
How long do I have to file a wrongful death claim in Georgia?
If you wish to file a wrongful death claim in Georgia, you must do so within two years of the death of the victim.
What is the difference between a wrongful death claim and a survival action in Georgia?
A wrongful death claim is a claim filed by the survivors of a person who died due to the negligence of another. A survival action is a claim filed by the estate of a person who died due to the negligence of another.
Who can be held liable for a wrongful death in Georgia?
The person who caused the death of another person through negligence or intentional act can be held liable for wrongful death in Georgia.
What damages can I recover in a wrongful death claim in Georgia?
In Georgia, you may recover damages for the death of a loved one due to the negligence of another person or entity. These damages may include medical and funeral expenses, lost wages and benefits, loss of companionship, and pain and suffering.
How do I prove liability in a wrongful death claim in Georgia?
In a wrongful death claim, Georgia law requires that the plaintiff prove that the defendant is liable for the death of the decedent. To do this, the plaintiff must show that the defendant caused the death of the decedent through negligence or other wrongful act.
What are some common defenses to a wrongful death claim in Georgia?
There are a few common defenses to a wrongful death claim in Georgia. These include contributory negligence, assumption of risk, and last clear chance. Additionally, if the decedent was killed while committing a felony, the perpetrator may not be held liable in a wrongful death claim.
What are some common mistakes made in Georgia wrongful death claims?
There are a few common mistakes made in Georgia wrongful death claims. First, the statute of limitations may have expired by the time the claim is filed. Second, the personal representative may not have been properly appointed. Finally, the damages may not have been properly calculated.
How can I get help with my Georgia wrongful death claim?
If you have suffered the death of a loved one due to the negligence of another, you may be eligible to file a Georgia wrongful death claim. These claims are handled by a specific type of lawyer, and you will likely need to prove that the death was caused by another person or entity‘s negligence in order to recover damages. You can learn more about Georgia wrongful death claims and how to get help with them by speaking to an experienced personal injury attorney.
What is A Survival Action Claim?
A survival action claim in Georgia is a wrongful death claim brought by the deceased’s estate, rather than the family. This legal action seeks compensation for the victim themselves before their untimely death. Instead of seeking compensation for the immediate family, these damages are paid to the estate of the person who died. A “representative of the estate” can bring this action and the claim will include:
- medical expenses related to the accident
- hospital expenses from the fatal accident
- pain and suffering compensation if the deceased lived for some time between the accident and their death
How Much Does It Cost to Hire a Lawyer?
At Murphy Law Firm, we want you to be able to get legal help for a wrongful death claim, regardless of your financial situation. Therefore, we use a contingency fee, which means you pay nothing unless we win your case. If we don’t get you a financial recovery, we don’t get paid.
At Murphy Law Firm our legal team is dedicated to making sure our clients resolve their injury claims with the least amount of stress and frustration. Our best wrongful death attorney makes it a point to provide useful, free information, so you can make an educated decision before you choose to hire us.