What is the wrongful death statute in the state of Georgia?
Every state is different with how they handle wrongful death lawsuits. In our state, we can seek damages up to the “full value of life” of the deceased. So, a jury can determine how much your deceased’s life is worth. This can be difficult to handle on your own emotions. Which is why we recommend that you speak to an experienced wrongful death attorney as soon as possible.
The amount a jury decides is based on the amount of income the family will miss out on for the rest of their lives. The value can also be determined by events that the deceased will miss, like attending their child’s wedding. Each case is different, so we can give you our advice when we discuss your wrongful death claim in our office.
Why do you need compensation?
Emotionally, you are grieving the loss of your loved one. However, their absence can leave behind a substantial amount of financial debt. We understand money will never bring back your loved one, but you shouldn’t live in a worse financial position because you don’t want to file a claim. It would help if you watched out for the future of your remaining family members. You might feel like you’re insensitive, but this couldn’t be further from the truth.
We wish that you could have time to process the passing of the deceased, but time isn’t on your side. You only have a short window to be able to file a wrongful death claim. If someone you love has died because of the negligence of another, you need to contact an attorney immediately. We only have two years to file your claim, and in some cases, it can be even shorter. We do try to sympathize with you through this process and support you through this difficult time.
Money doesn’t fix everything.
This couldn’t be truer, especially when it comes to the death of your loved one. However, money can help in many situations. If you have to support a family on one income for the rest of your life, a settlement can help ease your stress. It would be best if you didn’t struggle under the weight of funeral costs, medical bills, and lost income. We can help alleviate some of these problems through a proper settlement.
What types of compensation can I receive?
Every case is different, but we can help you receive several different types of compensation. Some of which could include:
Medical bills coverage: which covers, ambulance rides, hospital stays, surgeries, and extended medical care.
Funeral costs: the expenses of the procession and burial costs.
Loss of earnings: this can include the money you would have received in the future, as well as benefits.
Loss of companionship: You can also receive compensation to cover the emotional loss of your loved one. It can be damaging to your physical and emotional health, losing this important person in your life.
Who can file a wrongful death claim?
In Georgia, the spouse is the first person eligible to file a wrongful death lawsuit. However, the parents, children, and sometimes siblings can even file a claim. You are not allowed to file a wrongful death lawsuit if the deceased was simply a friend. A representative of the estate can also file a claim, but they must give the awarded damages to the next of kin.
Can a claim for wrongful death be delayed?
Yes. If there are criminal charges associated with the death of your loved one, your civil suit will be put on hold. It takes less evidence to prove negligence in a wrongful death claim versus a criminal trial. So, courts want to keep these two cases as separate as possible. You will have to wait until there is a verdict in the criminal case before you can seek a judgment in your wrongful death claim.
Can I be awarded punitive damages?
When someone’s behavior is grossly negligent, punitive damages can be awarded. However, this is on a case by case basis, since Georgia does not define punitive damages in Georgia’s Wrongful Death Act. It will be up to the judge and jury to award these damages when they see fit.
Call Bader Scott Injury Lawyers Today
You’ve already lost so much in your life, and you don’t have to deal with this wrongful death claim on your own. We want to hold support you every step of the way, while we handle your wrongful death claim. Contact Bader Scott Injury Lawyers today so that we can discuss your legal options.