Understanding Wrongful Death Claims: What You Need to Know

Losing a loved one is never easy, but when that loss is the result of someone else’s negligence or intentional act, the pain can be even more devastating. While no amount of compensation can replace a person, the law allows for the families of victims to pursue justice through wrongful death claims. If you’ve lost a loved one due to an accident, medical malpractice, or any other form of negligence, you may have the right to file a wrongful death lawsuit and seek compensation for your loss.

At 770GoodLaw, we understand the emotional and financial toll that the wrongful death of a loved one can have on a family. In this blog, we’ll walk you through the basics of **wrongful death claims**, including what they are, who can file them, and how an experienced wrongful death attorney can help you navigate this challenging time. Our goal is to provide you with the knowledge and support needed to pursue justice for your loved one.

A wrongful death occurs when a person dies as a result of another party’s negligence, recklessness, or intentional actions. These claims can arise from a wide range of situations, including:

– Car accidents: If someone’s reckless driving, distracted driving, or driving under the influence causes a fatal crash, the family of the deceased may be able to file a wrongful death claim.

– Medical malpractice: When a healthcare professional’s failure to adhere to the standard of care results in a fatality, it may be grounds for a wrongful death lawsuit.

– Workplace accidents: In cases of workplace negligence or unsafe working conditions, families of workers who die on the job can pursue wrongful death claims.

– Criminal acts: In some cases, wrongful death claims are filed when a loved one is killed due to a criminal act, such as a murder, assault, or other intentional violence.

While a wrongful death claim is a civil case, separate from any criminal prosecution that may occur, the underlying cause of death often overlaps with criminal behavior. For example, if a driver is charged with vehicular homicide after a fatal DUI accident, the family can still pursue a wrongful death lawsuit for financial compensation, even if the driver faces criminal charges.

For a wrongful death claim to be successful, certain elements must be proven:

Negligence or Fault: The defendant (the person or entity being sued) must have acted negligently, recklessly, or intentionally. For example, if a person runs a red light and causes a fatal accident, that person is considered negligent.

Causation: The defendant’s actions must be directly linked to the victim’s death. The surviving family members must prove that the death was caused by the defendant’s actions (rather than by a pre-existing condition or another factor).

 Damages: The surviving family members must demonstrate that the death caused financial harm or emotional suffering. This can include loss of income, medical bills, funeral costs, loss of companionship, and mental anguish.

Eligibility to File: Not everyone has the right to file a wrongful death lawsuit. In Georgia, wrongful death claims can typically be filed by the **spouse, children, or parents** of the deceased. If the deceased had no surviving spouse, children, or parents, a representative of their estate (such as an executor) may file the lawsuit.

When a loved one passes away due to someone else’s negligence, the surviving family members may be entitled to various types of compensation. The primary goal of a wrongful death lawsuit is to hold the responsible party accountable and to provide financial relief to the deceased’s loved ones.

Economic Damages: These damages are meant to compensate for the tangible, financial losses the surviving family members have suffered. Examples include:

   – Medical bills: The medical expenses incurred before the death of the victim.

   – Funeral and burial costs: Funeral expenses, burial costs, and other related expenses.

   – Loss of financial support: If the deceased was the primary breadwinner in the family, the surviving spouse and children may be entitled to compensation for lost wages and earning potential.

   – Loss of inheritance: If the deceased’s death deprives the surviving family members of inheritance, this loss can also be compensated.

2. Non-Economic Damages: These damages aim to compensate for the emotional and psychological toll the death has taken on the surviving family members. Non-economic damages may include:

   – Pain and suffering: The emotional anguish caused by the loss of a loved one.

   – Loss of companionship and love: The absence of the deceased’s love, affection, and companionship can be compensated.

   – Loss of consortium: If the surviving spouse has lost the intimacy and companionship they shared with their partner, they may be entitled to damages for the loss of consortium.

Punitive Damages: In cases where the defendant’s actions were particularly egregious, reckless, or intentional, the court may award punitive damages. These damages are not meant to compensate the surviving family members, but rather to punish the defendant and deter similar conduct in the future. Examples of behavior that might lead to punitive damages include drunk driving, gross negligence, or intentional harm.

In Georgia, only certain individuals are allowed to file a wrongful death claim. The right to file typically rests with the surviving family members, and the order of priority is as follows:

Spouse: If the deceased was married, the surviving spouse has the first right to file a wrongful death claim. This includes both the loss of financial support and the emotional pain of losing a spouse.

Children: If the deceased had children but no surviving spouse, the children can file the wrongful death lawsuit. Children can also file if both parents are deceased.

Parents: If the deceased was a minor or unmarried adult with no spouse or children, the parents can file the claim.

The estate of the deceased may also be involved in the process, especially in cases where the deceased did not have close family members or the claim is being filed on behalf of the deceased’s estate for financial reasons. The estate may also be entitled to any financial compensation awarded for the deceased’s pain and suffering before their death.

Navigating a wrongful death lawsuit is emotionally draining and legally complex. There are many legal hurdles to overcome, and it’s critical to have an experienced **wrongful death lawyer** on your side to help you pursue justice for your loved one.

– Investigating the cause of death: A wrongful death attorney can gather evidence, speak to witnesses, consult with experts, and reconstruct the events that led to the death.

– Determining liability: They can help determine who is responsible for the wrongful death, whether it’s a negligent driver, a medical professional, or another party.

– Negotiating with insurance companies: Insurance companies often try to minimize the compensation they pay out. Your attorney can negotiate on your behalf to secure a fair settlement.

– Filing legal paperwork: Filing a wrongful death lawsuit requires understanding complex legal procedures, including meeting deadlines and adhering to local court rules. A lawyer can handle this for you.

– Advocating for your family’s best interests: A skilled wrongful death lawyer can guide you through the emotional and financial challenges of the legal process, allowing you to focus on your family’s healing while they work on your case.

In Georgia, the statute of limitations for filing a wrongful death claim is two years from the date of the victim’s death. This means that the family members have a limited amount of time to file a lawsuit after the death occurs. Failing to file within this time frame can result in the loss of the right to pursue a claim.

It’s essential to act quickly and consult with a wrongful death attorney as soon as possible to ensure your case is filed within the required time frame.

Losing a loved one is one of life’s most painful experiences, and when that loss is caused by someone else’s negligence, it can be even harder to bear. While no amount of money can bring your loved one back, a wrongful death lawsuit can provide the financial compensation you need to cope with the unexpected financial burden and emotional pain.

At 770GoodLaw, we are committed to helping families in Georgia seek justice and accountability for the loss of their loved ones. Our compassionate and skilled wrongful death attorneys will guide you through the legal process with care and determination.

If you’ve lost a loved one due to someone else’s actions, don’t wait. Contact 770GoodLaw today for a free consultation. We are here to help you seek justice and obtain the compensation your family deserves.