Death happens. Sometimes, we narrowly avoid it, and sometimes, we can’t.
But what if a death could have been avoided? What if you lost a loved one knowing that you didn’t have to, but through some twist of fate – a faulty product, a random fall in a restaurant, a careless act, or even perhaps a criminal one – you did?
Wrongful death happens when a loved one dies through the fault of another person or party. When it does, the surviving family and estate of the deceased have the option of filing a wrongful death case against the at-fault party.
Unfortunately, as with most lawsuits, this is a lengthy, resource-intensive process that costs both time and money. It also drains a person’s emotional energy with strict meetings, deadlines, and procedures, making it difficult to pursue alone.
If you’re in this kind of situation in Fulton County, maybe it’s time to turn to the wrongful death attorneys of the CEO Lawyer Personal Injury Law Firm.
Why Do I Need a Fulton County Wrongful Death Attorney?
The aftermath of a death in the family is a stressful time. It’s difficult enough to keep one’s self together when dealing with the fact a loved one is gone and will never come back, but having the pressure of the legal process on top of that is another problem entirely.
Unfortunately, dying is expensive, with funeral costs and end-of-life expenses easily reaching nearly $20,000 – not to mention the personal toll on people. And yet, as exhausting as the paperwork, procedures, and negotiations are, they are still quite often necessary.
Grief can cloud judgment and make it difficult to think clearly. It can make people feel overwhelmed or stressed, which, in turn, also affects a person’s ability to make good decisions, often turning people impulsive when they are normally rational.
It is easy for people to be taken advantage of in such a state. So, when you find yourself in court facing off against a defendant who has something to gain by winning a legal battle against you, your odds of getting justice drop significantly.
Personal injury attorneys offer an advantage to claimants on the best of days. However, their services become exceedingly relevant in wrongful death cases, especially because of the unique and tragic conditions surrounding them.
A good wrongful death lawyer will ensure that no matter the circumstances, you have equal ground in the courtroom against the at-fault party. And, if nothing else, a wrongful death attorney, as a legal representative of a deceased person’s family, can take the helm and handle the case, allowing the family time to mourn their loss.
If a lawyer has any semblance of compassion for a client – as they should – that ease of mind they might provide is enough to finish the case.
What Is Wrongful Death?
Georgia law defines wrongful death as “all cases in which the death of a human being results from a crime, from criminal or other negligence, or from property which has been defectively manufactured, whether or not as the result of negligence.”
The term, therefore, encompasses all deaths caused by negligence, criminal acts, and defective products and/or services.
- Negligence-based accidents: These include the vast majority of accident cases, including car accidents (especially if drunk driving, distracted driving, or speeding is involved), slip-and-fall accidents, and most workplace accidents. If the majority of fault can be established in an accident against anyone but the victim, an argument can be made for wrongful death.
- Criminal acts: If a person is the victim of a crime such as homicide or assault and dies because of the criminal’s actions, then a wrongful death lawsuit may be pursued. In addition, criminal activity can lead to a negligence-based accident (for example, if an escaping thief ran into a person, causing them to fall and suffer a fatal injury), allowing the surviving family to file a lawsuit against the thief.
- Wrongful death is a civil case and, therefore, is filed against the criminal separately from any charge the state brings against them.
- Defective products and/or services: Anyone engaging in businesses or practices as a livelihood owes a certain degree of care to customers. Companies can be held liable if quality assurance fails and a person dies from a defective product.
- This is also the logic behind pursuing a wrongful death case after a person dies as a result of medical malpractice.
Deaths that do not fall under Georgia’s wrongful death law include suicide, natural causes, and non-negligence-related accidents.
The purpose of wrongful death is to grant the surviving family or estate compensation for financial and personal losses suffered from the deceased’s passing. Georgia has two categories of losses that a deceased’s survivors may pursue:
- Compensation for the full value of the life of the decedent: This includes a person’s estimated lost wages and projected income they could have received had they lived, as well as an estimate of the personal value to the survivors or estate. The calculated economic value under this category excludes any deductions from expenses the deceased would have incurred if they were alive.
- Compensation for expenses the survivors incur as a result of the death: This category includes funeral and burial expenses, as well as any other costs related to the death of the deceased.
Who May File a Wrongful Death Lawsuit?
In Georgia, eligibility for a wrongful death lawsuit is determined by a specified order. The right to the lawsuit belongs first to the surviving spouse, then children, then parents, and finally, to the executor of the deceased person’s will.
Of note, if one of these categories is represented by a living individual, those lower in the order – say, for example, children while a spouse is still alive – do not have the right to file the lawsuit. In addition, Georgia also does not grant eligibility to file a claim to any other family member.
Wrongful Death vs Survival Action
Unlike many other lawsuits that personal injury lawyers handle, wrongful death cases do not include compensation for several kinds of damages. For instance, where most personal injury cases cover pain and suffering, wrongful death typically does not.
In addition, wrongful death lawsuits typically do not typically award punitive damages, nor do they cover the cost of medical bills incurred before the death. If a deceased person’s surviving family wishes compensation for these, they must file a separate lawsuit called a survival action.
A survival action lawsuit is, in all but name, a personal injury lawsuit filed against an at-fault party on behalf of the deceased. Survival action is possible because Georgia law specifically states that the death of any involved party does not stop legal action.
What this entails is that a person’s representative may file a lawsuit for the same losses they would have incurred had they survived the accident IF a personal injury lawsuit has not yet been filed. Otherwise, the existing personal injury lawsuit will continue.
One interesting fact to consider: even if the at-fault party passes away, a survival action lawsuit may still be filed. The lawsuit can still go ahead against the defendant’s representatives; however, in this case, punitive damages cannot be pursued.
In either case, a professional wrongful death lawyer’s services fit right in.
Wrongful Death Statute of Limitations in Georgia
Most wrongful death claims have to be filed within two years of the deceased’s passing. However, the statute of limitations can be tolled or put on hold, usually for one of two reasons.
- The deceased’s estate has not been administered: Because the value of an estate partially determines the amount of damages that can be recovered and also because any damages are useless if beneficiaries have to be identified, it is usually preferable to wait until the deceased’s estate has been probated before pursuing a wrongful death lawsuit. As such, Georgia law allows the statute of limitations to be tolled for up to five years or until such time that the estate is administered.
- The death was the result of criminal activity: If the defendant in a wrongful death case also has a criminal case against them resulting from the same event, then the statute of limitations will only begin on the date that the criminal case is concluded. There are multiple reasons for this, but it is primarily because the verdict of a criminal case may affect liability.
Fulton County Wrongful Death Law Firm
We know all too well the struggles clients face when fighting a legal battle for a deceased loved one. Our attorneys themselves are no strangers to personal loss and know what it’s like to want to see justice done for the wrong our loved ones suffered.
At The CEO Lawyer Personal Injury Law Firm, we aim to provide the community with a path to recovery after a tragedy, especially when that tragedy ends in death. Under the leadership of Attorney Ali Awad, we serve Fulton County, bringing fair compensation within reach.
We offer our services in both English and Spanish. And because we understand the financial strain that death places on families, we work on a contingency basis, charging you only if we win your wrongful death lawsuit for you.
Whether you are looking for a reprieve from the financial struggle brought on by a loved one’s passing or simply a sense of justice in their name, our wrongful death attorneys are ready to stand by you through your case. Schedule your free consultation today at (470) 323-8779.
