The loss of a loved one such as a mother, father, wife or husband is difficult under any circumstance, but when death is the result of another person's negligent or wrongful conduct it can be particularly emotionally devastating.
If you've lost a loved one to the negligent or intentional act of another person or entity, the Macon wrongful death attorneys at The Herro Law Firm can help you obtain the maximum compensation to which you are entitled by law . Give us a callPersonal injury attorneys in Maconnow in(404) 433-6876for a free case evaluation.
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Georgia Wrongful Death Act
Claiming compensation for the wrongful death of a loved one has not always been a legal right in the United States. Before the mid-19th century, law passed in England provided that claims for compensation died with the person concerned. Thus, there was no legal basis for filing a wrongful death claim as the surviving family could not claim damages.
Georgia later changed the law and added laws that set out a clear cause of action. The current Wrongful Death Act in Georgia was passed nearly 100 years ago and has since seen several important additions. Today the Wrongful Death Act in Georgia is covered in the 5 sections of code mentioned below:
- O.C.G.A. § 51-4-1: Covers the settings
- O.C.G.A. § 19-7-1: Compensation for the death of a child; parental power
- O.C.G.A. § 51-4-4: Death of a child
- O.C.G.A. § 51-4-5: Enforcement by the executor or trustee of the testator
- O.C.G.A. § 51-4-2: murder of parents or spouse; survival action
How is wrongful death defined in the state of Georgia?
The loss of a loved one is always tragic, but it doesn't always fit Georgia's definition of homicide. Under Georgian law, wrongful death is defined as death occurring as a result of a felony or some form of felony or other negligence or defectively manufactured property.
There are essentially two categories of manslaughter under the homicide laws of Georgia:
Willful Misconduct
The cases here involved criminal activities such as manslaughter, murder, elder abuse and similar types of criminal acts that result in death. If death by manslaughter is the result of a criminal offense, the person responsible can respond criminally, but the only way for the victim to obtain monetary compensation is through civil proceedings.
negligent conduct
In general, the Law of Wrongful Death of Georgia defines wrongful death in such cases as a death resulting from a person's failure to exercise due care.
Death caused by the wrongful or negligent conduct of another person or party can occur in a variety of ways. Some of the more common types of wrongful death cases are:
- Driving under the influenceof illegal drugs or alcohol
- motorcycle accidents
- construction accidents
- Slips, trips and fallsinvolve older people
- transport companythat do not meet safety standards
- Negligence of Health Care Providers
- Medical errors such as misdiagnosis, medical injury, medication error, or surgical error
- Contaminated food or other hygiene issues in commercial facilities
- Abuse or neglect in nursing home
- pedestrian accidentdeaths
- Construction errors and technical negligence
- Improper or illegal serving of alcohol, e.g. B. Continued serving of alcohol to a visibly intoxicated person
- The usage ofdefective or dangerous consumer productssuch as electronics, medical devices, medicines and household appliances.
If you believe that the death of your loved one was avoidable and that the negligent actions of another person or entity caused or contributed to it, you should call The Herro Law Firm in Macon, GA at(404) 433-6876. We can help you get the compensation that the law gives you and your family.
Who is eligible to file a wrongful death petition in Georgia?
In Georgia, only certain individuals have the legal right to file this type of lawsuit, and there is actually an order of priority when it comes to who can file the lawsuit. If there are no surviving representatives at a higher priority level, responsibility falls to the next lower level.
Here are the parties who are eligible to file a wrongful death claim in Georgia:
surviving spouse
The surviving spouse also represents the best interests of all minor children of the deceased. However, surviving spouses receive at least one third of the compensation claimed, regardless of the number of minor children.
surviving children
If there is no surviving spouse, the deceased's surviving children may proceed with the proceedings. If any compensation is reclaimed, it will be divided equally among the surviving children. However, if less than $15,000 is collected, the amount will be withheld by the child's guardian for their benefit. If the repayment exceeds $15,000, it will be withheld by the guardian of the child's estate.
surviving parents
If the deceased has no children or surviving spouse, their parents have the right to pursue the case.
wealth manager
If there is no surviving spouse, child or parent, the executor of the deceased's estate has the right to pursue a wrongful death case. If the trustee succeeds in collecting the compensation, it will be handed over to the next of kin of the deceased.
To determine if you are eligible to file a wrongful death lawsuit, schedule a free legal consultation with our experienced Macon wrongful death attorneys at The Herro Law Firm. We can also help you determine what forms of compensation you may be entitled to.
What types of damage can be recovered?
Many different expenses usually follow the death of a loved one that can be recovered as wrongful death damages. Damage is the injury and property damage that you can be compensated for following a fatal accident.
Wrongful death attorneys at The Herro Law Firm in Macon, GA can help you determine the amount of your wrongful death claim. However, recoverable damage falls into two broad categories:
economic damage
Financial losses are the financial costs incurred as a result of the death of your loved one. Such losses can easily be quantified in monetary terms. Costs that arose directly as a result of the accident that led to the death of your loved one count as financial losses. Examples are:
- funeral and burial expenses
- medical expenses
- material damage
- Loss of the deceased's current and future income and any inheritance that the surviving family would have received
non-economic damage
Non-economic damage, on the other hand, is much more difficult to quantify in monetary terms. Examples include, but are not limited to, the emotional damage caused to the family by the victim's loss of affection, support, close relationships and advice. This includes pain and suffering caused by the negligent or risky behavior of another person or party.
Determining the types of damage that may be reimbursed and the amount of your claim will depend on the specific facts of your case. However, for more specific information about your situation, you can call The Herro Law Firm in Macon, GA at(404) 433-6876to schedule a free consultation with one of our experienced wrongful death attorneys.
Can the survivor seek punitive damages?
Punitive damages are a special type of damages intended to punish the accused, not to compensate the victim. Georgia does not allow the surviving family to file punitive damages in a wrongful death jury trial.
However, Georgian courts sometimes award punitive damages in a survivor's claim (also known as an inheritance claim). This is a type of case filed in connection with a wrongful death when the victim did not die immediately.
Our Macon wrongful death attorneys at The Herro Law Firm can review your case and determine if you can recover punitive damages in a real estate claim.
How is negligence proven in a wrongful death case?
Proving negligence in a wrongful death case is not always easy, but it can be done with the help of our experienced wrongful death attorneys in Macon at The Herro Law Firm. In order to prove negligence, several criteria must be met:
- duty of care:The plaintiff (surviving family or executor) must demonstrate to the court that the defendant (negligent party) owed the deceased a duty of care, i. H. that he was obliged to protect the person.
- Breach of due diligence:The plaintiff must then demonstrate how the defendant breached or breached that duty of care.
- Causality:The plaintiff must then prove that the death resulted from the defendant's actions and not from some other cause.
- Damage:The defendant's actions resulted in damages such as death, funeral expenses, and loss of business.
Wrongful Death Attorneys have the skills and experience to prove the above 4 elements of negligence, fully assess your claim and make strong arguments for compensation. A lawyer will also negotiate settlement offers and make sure insurers are not pressuring you into accepting an unfair settlement.
Hiring a wrongful death attorney does not guarantee success, but having knowledgeable and experienced wrongful death attorneys to represent you greatly increases your chances of recovering the compensation you are owed.
Call our team today at(404) 433-6876to find out how we can help.
How do you file a wrongful death claim in Georgia?
To better understand how a wrongful death claim works in relation to your specific case, please consider calling our law firm at(404) 433-6876to arrange a free consultation, during which you will have the opportunity to ask our lawyers a variety of questions.
In general, filing a wrongful death claim in Georgia can be done according to this process:
- File a claim with the insurer or the culprit's municipality if the local government could be responsible for the death of your loved one.
- Calculate the damages to determine the amount of compensation to be claimed in the wrongful death case and send a collection letter to the appropriate party.
- In turn, the insurer or municipality will review your claim and make an appropriate offer based on the culprit, the terms of the policy and whether they believe you are entitled to certain damages.
- Consult your attorney as you review the settlement offer and determine if it is fair. If not, your lawyer can reject the offer and start the negotiation process.
- If settlement negotiations fail, your attorney may recommend filing a wrongful death lawsuit to continue your quest for compensation.
The process can take weeks or even months, but your attorney can guide you through the entire process and keep you updated on the progress of your case.
What is the difference between a wrongful death and an inheritance claim?
Wrongful death claims in Georgia fall into two categories: wrongful death claims and property claims.
Involuntary Death Action
A wrongful death claim is filed by the surviving family members of the deceased to seek compensation for the full value of their loved one's life. This includes loss of income as the deceased can no longer financially support the family, lost business, etc.
property claim
Property claims are also referred to as survivors' claims. The probate lawsuit is filed by the estate of the deceased to recover expenses such as funeral and burial expenses and medical expenses related to the event that led to the deceased's death. The estate may also seek compensation for pain and suffering suffered by the testator prior to his or her death. In some cases, courts may award punitive damages in a property claim.
For a successful survivor's claim, it is important to show that the deceased survived the accident, even if only for a short time. Therefore, not all wrongful death cases have grounds for property claims.
Call our Macon wrongful death attorneys today!
If you have lost a loved one due to the negligent actions of another person or party, contact our experienced wrongful death attorneysLaw Firm Herowant to hear from you today. We will fight for you and help you recover the compensation that is due to you.
Our dedicated wrongful death attorneys inMacon, GeorgiaWe offer free no-obligation advice and advice and will never charge you until compensated. To learn more and speak to a member of our team, give us a call today at(404) 433-6876.