Wrongful Death Claims: A Complete Legal Guide by 770GoodLaw

The tragic loss of a loved one due to negligence or wrongful conduct can be devastating, leaving families grappling with grief and financial uncertainty. A wrongful death claim allows surviving family members to seek justice and financial compensation for their losses. At 770GoodLaw, we are dedicated to fighting for the voiceless, ensuring that negligent parties are held accountable.

Understanding wrongful death lawsuits and their legal implications is crucial for those who have lost a loved one due to someone else’s reckless or intentional actions. This guide explores the essential elements of wrongful death claims, who can file, the types of damages available, and how 770GoodLaw can help you navigate the legal process.


What Is a Wrongful Death Claim?

A wrongful death claim arises when an individual’s death is caused by another party’s negligence, recklessness, or intentional misconduct. These claims allow surviving family members to seek financial compensation for their loss, covering medical bills, lost income, funeral costs, and emotional suffering.

Unlike criminal cases, where the state prosecutes offenders and seeks penalties like jail time, wrongful death lawsuits are civil actions seeking monetary damages. In many cases, wrongful death cases run parallel to criminal investigations, especially when a fatal accident involves drunk driving, reckless behavior, or medical malpractice.


Common Causes of Wrongful Death Claims

Wrongful death cases stem from a variety of accidents and incidents. Some of the most common causes include:

Car Accidents and Truck Crashes

Motor vehicle accidents, including car crashes, truck accidents, and motorcycle collisions, are leading causes of wrongful death lawsuits. When a reckless driver, drunk driver, or distracted driver causes a fatal accident, the victim’s family has the legal right to pursue compensation.

Medical Malpractice

When doctors, nurses, or hospitals fail to meet the standard of care, their mistakes can result in fatal consequences. Wrongful death due to medical malpractice includes misdiagnosis, surgical errors, anesthesia mistakes, or failure to provide proper treatment.

Workplace Accidents

Certain industries, such as construction, manufacturing, and trucking, pose a higher risk of fatal workplace injuries. Employers who fail to follow safety regulations may be liable in a wrongful death lawsuit.

Defective Products

Manufacturers and companies have a duty to ensure their products are safe. When dangerous drugs, defective auto parts, or hazardous consumer products lead to death, the company may be held responsible under product liability laws.

Nursing Home Abuse and Neglect

Elderly individuals in nursing homes are vulnerable to abuse and neglect, which can lead to wrongful death due to malnutrition, dehydration, medication errors, or physical abuse.

Premises Liability Cases

Property owners are responsible for ensuring a safe environment. Fatal accidents from slip and falls, negligent security, or dangerous conditions can lead to a wrongful death claim.

Criminal Acts

Homicides, assaults, and other intentional violent acts can result in wrongful death lawsuits in addition to criminal charges.


Who Can File a Wrongful Death Lawsuit in Georgia?

Georgia law specifies that only certain family members can bring a wrongful death claim. The order of priority includes:

  1. Surviving Spouse – The spouse has the first right to file and must share any damages with minor children.
  2. Children of the Deceased – If there is no surviving spouse, the children can file a claim.
  3. Parents of the Deceased – If the deceased was unmarried and had no children, the parents may bring a claim.
  4. Personal Representative of the Estate – If no family members exist, the estate’s representative can file a wrongful death lawsuit.

The damages awarded in a wrongful death lawsuit belong to the deceased’s next of kin, even if the estate representative files the claim.


What Compensation Can Be Recovered in a Wrongful Death Claim?

Survivors can recover two categories of damages:

Economic Damages

  • Lost Wages and BenefitsCompensation for the income the deceased would have earned.
  • Medical Expenses – Costs related to treatment before the person’s passing.
  • Funeral and Burial Expenses – The costs associated with laying a loved one to rest.

Non-Economic Damages

  • Pain and Suffering of the Deceased – If the victim endured pain before passing.
  • Loss of Companionship and SupportCompensation for the emotional impact on surviving family members.

Punitive Damages

In cases involving gross negligence, reckless disregard, or intentional wrongdoing, punitive damages may be awarded to punish the at-fault party and deter future misconduct.


The Statute of Limitations for Wrongful Death Claims in Georgia

The Statute of Limitations for wrongful death lawsuits in Georgia is two years from the date of death. However, certain circumstances, such as ongoing criminal cases or estate proceedings, can extend or pause this deadline.

Failing to file within the statute of limitations results in loss of the right to compensation, which is why it’s crucial to contact a wrongful death attorney as soon as possible.


How 770GoodLaw Can Help You With a Wrongful Death Lawsuit

At 770GoodLaw, we understand the overwhelming challenges that come with losing a loved one due to someone else’s negligence. Our legal team provides compassionate and aggressive representation to ensure your family receives the justice and compensation you deserve.

Our approach includes:

  • Thorough Investigation – Gathering evidence, medical records, accident reports, and expert testimony.
  • Negotiation with Insurance Companies – We fight against insurers who try to minimize payouts.
  • Litigation When Necessary – If the insurance company refuses a fair settlement, we take your case to court.
  • No Fees Unless We Win – We work on a contingency basis, meaning you pay nothing unless we recover compensation.

Our firm is dedicated to fighting for the voiceless and holding negligent parties accountable. If you believe your loved one’s death was caused by negligence, call 770GoodLaw today for a free consultation.

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