Imagine you’re a loving spouse who, on a seemingly ordinary day, receives devastating news; remember that you are far from alone. The grief and anger you feel are overwhelming, but amidst it all, you can know that there is legal recourse for holding the responsible parties accountable for the financial and emotional toll they have inflicted.
The legal term for these scenarios is ‘wrongful death,’ and it arises when someone’s demise occurs due to the negligence, recklessness, or wrongful actions of another party. It’s a means for surviving family members or the estate representative to seek compensation for the losses and damages caused by the tragic death of their loved one.
So, if you’re struggling to recover from what you believe to be a situation of wrongful death, a personal injury attorney in Alpharetta can assist you in seeking justice and compensation. Reach out to our team today. We can work with you and your family to handle the claims process and maximize your chances of successful recovery so you can focus on recovering from this tragic accident.
Contact our team at the CEO Lawyer Personal Injury Law Firm because we’re here to help people like you get through some of the toughest times in their lives. New clients can call (470) 323-8779 or contact us online to schedule their first, no-obligation, free case review.
When to Reach Out to an Alpharetta Wrongful Death Attorney
While every wrongful death will differ from the next, in most situations, it will be important to reach out to an attorney as soon as possible. These kinds of claims can be particularly emotionally (and legally) challenging, and you’ll want to have a lawyer by your side to protect your rights and fight for the justice you and your family deserve.
However, if you’re still on the fence, let’s break down some of the most common examples of wrongful death accidents so we can review when, and why, it will be to your advantage to contact an attorney.
Fatal Car Accidents
When: If your loved one’s death was caused by a car accident that was the result of someone else’s negligence, you should reach out to an Alpharetta wrongful death law firm right away.
Why: A wrongful death lawyer can help you work through the complicated insurance claims to come while also gathering key evidence and carefully establishing liability. This client-focused service can make the difference between whether you’re able to receive fair compensation for any medical expenses, funeral costs, or the emotional toll that this accident brought on you and your family.
Medical Malpractice
When: If you suspect that your family member’s death was due to medical negligence, consult an attorney.
Why: Wrongful death cases that involve medical malpractice will demand a thorough investigation. An attorney can help you obtain medical records, consult with qualified professionals, and build a compelling case to hold any healthcare providers accountable for their actions.
Workplace Accidents
When: If your loved one died in a workplace accident, you’ll want to contact a wrongful death attorney.
Why: These kinds of cases involve complicated workers’ compensation laws and can potentially invoke third-party liability claims. Your attorney can help you explore all of the possible avenues you’ll have for compensation to ensure you receive the maximum compensation for your damages.
Defective Products:
When: If a defective product causes a fatal injury or sudden death, don’t hesitate to seek legal counsel.
Why: Product liability cases can be particularly complicated. Your attorney will need to investigate the product’s design, manufacturing, and marketing to determine if negligence played a role. Then, they’ll help you pursue a claim against the responsible parties (which may include manufacturers, distributors, or retailers).
While this list touches on some of the most common causes of wrongful death, it’s far from comprehensive. So, if you don’t see your particular situation described above, but you’d still like to hold the relevant party responsible, be sure to reach out to our team today to discuss your options.
Who Can File a Wrongful Death Claim in Georgia?
In the state of Georgia, the law recognizes that when a person loses their life due to the negligence (or wrongful actions) of another, certain people should have the right to seek justice on their behalf. Below, we’ll work through a list of the family members and designated representatives who are allowed to file a wrongful death claim.
Spouses
If you are the surviving spouse of the deceased, you are allowed to initiate a wrongful death claim in Georgia because the state recognizes the emotional and financial impact such a loss can have on a spouse. These individuals will be able to seek compensation for loss of companionship, financial support, and more.
A surviving spouse takes priority over other wrongful death claimants, but they will be required to provide a portion of their claim to dependent children and others who would have depended upon the decedent for financial (and emotional) support.
Children
Children, both biological and adopted, may also bring forth a wrongful death claim in Alpharetta. This provision acknowledges the significant consequences (both emotional and financial) that losing a parent can have on any individual.
Children of the deceased may be able to secure help covering future educational costs or the support that their parents would have provided. Adult, non-dependent children are only able to file a wrongful death claim if there is no surviving spouse.
Parents
Additionally, parents also have the right to file a wrongful death claim when they lose a child due to someone else’s negligence. The state recognizes the emotional anguish that may result from the loss of a child and protects the parent’s right to secure compensation for any remaining medical bills or funeral expenses.
Parents are only eligible as wrongful death claimants if no surviving children or spouse is available to file the claim instead.
An Estate Representative
If none of the above individuals are available (or willing) to bring a wrongful death claim forward, the estate’s appointed representative may do so on behalf of ‘the estate.’
When someone passes away, their ‘estate’ essentially becomes a separate legal entity. The term refers to the total sum of the deceased person’s assets, including their property, money, possessions, and any outstanding debts they may have had at the time of their death.
So, for example, if someone were to have no remaining immediate family members at the time of their death, the estate may step in to seek compensation for any outstanding medical bills or funeral expenses or in an attempt to settle an outstanding debt.
Georgia Laws and Regulations Pertaining to Wrongful Death Claims
Georgian has specific laws and regulations that govern how wrongful death claims are handled, but the state’s legal foundation for these claims can be found in the Georgia Wrongful Death Act. This act is codified under O.C.G.A. (Official Code of Georgia Annotated) § 51-4-2 and outlines a few key elements that guide these claims:
- The Right to Bring a Claim: This specifies who has the legal standing to initiate a wrongful death claim.
- Statute of Limitations: The law sets a time limit within which a wrongful death claim must be filed. In Georgia, this time limit is typically two years from the date of the person’s death, but the sooner you file, the better, as late filing is usually questioned by insurance companies.
- Recoverable Damages: The Act explains the different types of damages that one may recover in a wrongful death claim, including medical expenses, funeral costs, lost future income, and other intangible losses like pain and suffering.
Additionally, those filing a wrongful death claim should keep in mind that the state follows a modified comparative negligence system. This means that if the deceased person was partially responsible for their own death, the compensation they would have received can be reduced proportionally.
However, if the deceased person is found to be 50% or more at fault for their own death, their surviving family members may not be entitled to any compensation.
Wrongful Death vs. Survival Actions
In Georgia, when another party’s negligence leads to the death of a loved one, two distinct legal actions can arise: wrongful death claims and survival actions.
While wrongful death claims are typically filed by surviving family members seeking compensation for their losses, survival actions are initiated by the deceased’s estate and focus on the damages that the deceased would have been entitled to if they had survived (examples include pain and suffering before death).
If you’re unsure which path you should take, be sure to reach out to our team today. We can help you go over all of your options to ensure you’re on the appropriate path forward.
Reach Out to an Alpharetta Wrongful Death Law Firm Today
At the CEO Lawyer Personal Injury Law Firm, we know filing a wrongful death claim is not just a complicated legal process but a harrowing emotional burden for all involved. There’s no reason why you should feel like you have to face this legal battle alone, especially while you’re still coping with the loss of a loved one.
So reach out to our team today and let us help relieve some of your burdens. Our team is here to advocate on your behalf and help you fight for the justice your loved one is owed.
New clients can call (470) 323-8779 or contact us online to schedule their first, no-obligation free case review.
