Marietta Wrongful Death Attorneys

What Constitutes a Wrongful Death in Georgia?

Wrongful death in Georgia pertains to a legal claim that arises from the negligent, criminal, intentional, or reckless actions of another individual or entity resulting in someone's demise. According to Georgia law, a death is deemed wrongful if it occurred due to the actions of another person or entity without legal justification.

To qualify as a wrongful death in Georgia, the deceased person's death must meet specific criteria specified in the state's statutes. This includes situations where the negligence or misconduct of another party directly led to the death. It can involve incidents such as car accidents caused by a drunk driver, medical malpractice resulting in fatal injuries, or accidents on someone else's property due to their negligence.

It is essential to consult with an experienced personal injury attorney specializing in wrongful death cases to understand the specific legal requirements and navigate the complexities of the legal process in Georgia.

Common Causes of Wrongful Death in Georgia

Wrongful death claims can arise from various incidents where negligence or intentional harm caused someone’s death. Some of the most common causes of wrongful death in Georgia include:

• Motor Vehicle Accidents: Car, truck, or motorcycle accidents caused by reckless driving, distracted driving, or driving under the influence can lead to fatal injuries.
• Medical Malpractice: Situations where medical professionals fail to provide appropriate care, leading to the death of a patient.
• Workplace Accidents: Safety violations or improper protocols may cause fatal accidents in hazardous work environments, such as construction sites.
• Defective Products: Deaths caused by dangerous or malfunctioning products that could have been prevented with better design, manufacturing, or safety precautions.
• Premises Liability: Death from hazardous conditions on someone’s property, like slip and fall accidents or inadequate security.

At Morrison & Hughes, we are determined to help families hold those responsible for wrongful death accountable. If you have lost a loved one under any of these circumstances, our attorneys can provide the support and legal expertise needed to seek justice and appropriate compensation for your loss. 

Who can file a wrongful death claim in Marietta?

Georgia law is particular regarding who can file a claim in a wrongful death lawsuit. Usually, if there is a spouse or children, they will be able to file a lawsuit. The administrator or executor of the estate can also bring suit on the decedent’s behalf. The administrator will then hold the settlement amount for the next of kin. If you are not the spouse or child of the deceased person, please call us, and we can discuss your options and whether you have a claim.

Recoverable Damages in a Wrongful Death Claim

Wrongful death claims address unique damages beyond those in standard personal injury cases. These damages are intended to address the financial burdens and emotional impact families face after losing a loved one due to another party's wrongful conduct.

Potential recoveries in a Georgia wrongful death claim may include:

• Funeral and Burial Costs: Coverage for the memorial services and burial process expenses.
• Medical Expenses: Costs incurred for medical treatment provided to the deceased before their passing.
• Pain and Suffering of the Deceased: Payment for the physical and emotional hardships the deceased endured leading up to their death.  
• Loss of Income and Benefits: Wages, future earnings, and benefits the deceased would have provided if they had lived.
• Emotional Pain and Suffering: The mental anguish and grief experienced by surviving family members due to their sudden loss.
• Loss of Companionship and Support: The absence of the deceased's presence, guidance, and love in the lives of their family.
• Punitive Damages: Additional compensation intended to penalize the responsible party for egregious misconduct or gross negligence.
• Additional damages may be recoverable depending on the specific circumstances surrounding the death. Each case is unique, and the value of your claim will depend on the nature of the wrongful death and its impact on your family.

The Legal Process of a Wrongful Death Claim in Georgia

Filing a wrongful death claim in Georgia may feel daunting, but having a clear understanding of the steps involved can make the process more manageable. The first action is to consult with an attorney specializing in wrongful death cases. Your attorney will review the death's circumstances, collect the necessary evidence, and initiate the required legal proceedings. 

In Georgia, there is a statute of limitations that gives families two years from the date of death to file a wrongful death lawsuit. It’s vital to act within this time frame, as failing to do so could result in dismissing the claim. After your attorney files the lawsuit, the defendant or their insurance company might propose a settlement. However, such offers often do not fully reflect the extent of your family’s loss.

The next phase, known as discovery, involves the exchange of evidence and information between both parties to assess the strengths and weaknesses of the case. If a satisfactory settlement cannot be reached, your attorney will proceed with litigation to ensure your family receives the justice and compensation it deserves.

At Morrison & Hughes, we understand the complexities of wrongful death cases and are here to guide you through every step with dedication and expertise.

Contact us today for compassionate legal representation and a free case review. Together, we can pursue the justice your family deserves!