How Do I File a Wrongful Death Lawsuit in Georgia?

Losing someone you love is tragic, and when their death is caused by someone else’s negligence the pain and anger can be unbearable.

In legal terms, when someone is killed because of someone else’s careless or negligent actions, it is referred to as Wrongful Death. 

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Understanding Wrongful Death Lawsuits

Wrongful Death can be brought about for a number of reasons, none of which make the passing of a loved one any easier. However, when you lose someone you love because of wrongful death, a lawsuit can be filed for compensation.

The various laws and regulations of the Georgia legal system can make filing a wrongful death claim very challenging for an individual without training in the legal field.

Knowing the time limitations and the appropriate damage amount requires particular knowledge and skill that can only be found in an experienced Wrongful Death Attorney. 

If you lost someone you love due to wrongful death, you may be wondering How do I File a Wrongful Death Lawsuit, and the simple answer is, you find an attorney who will file the lawsuit on your behalf. 

Grounds for Filing a Wrongful Death Lawsuit in Georgia

Civil lawsuits require grounds, which means there needs to be a legally supported reason for the claim.

Under Georgia law, the party bringing the lawsuit must have a substantial connection to the wrongful death victim.

Who has a sanding to sue for a wrongful death claim in Georgia:

  1. The surviving spouse may file a lawsuit to recover losses.
  2. If the deceases is survived by a spouse and children, the spouse is allowed to file the lawsuit on behalf of him or herself, as well as the children.
  3. If there is NO spouse, the surviving children may file the lawsuit.
  4. If the deceased has no spouse or children, then the surviving parents of the victims may file the claim for compensation.
  5. The court may appoint another representative of the deceased to bring the lawsuit on the behalf of the victim’s heirs if none of the above situations apply.

Whoever brings the claim forward needs to have a supportable reason for the claim.

Wrongful death lawsuits are not only for the deceased person but to show that because of the negligence that caused the accident, someone else related to the deceased was directly impacted, emotionally and financially by their death.

The surviving family members of the deceased must establish two things if they wish to have a successful claim:

1. They must be able to prove that their loved one died because of the negligence of another person’s reckless or deliberate acts and that the event was not brought upon by his/her own action or inaction.

2. The surviving family of the deceases must be able to establish that they suffered a substantial loss due to the death of their loved one.

Proving the above may sound easy, but remember, you will more than likely be up against a team of attorneys who will want to minimize your loss during this tragic time.

Having an attorney on your side who understands the legal system and who will fight for you will give you a much better chance at obtaining the benefits that you deserve during this difficult time.
Determining Damages
Determining damages after a wrongful death accident will also be much easier with the help of an experienced attorney.
The deceased’s life will be evaluated, and a calculation of their life is often one of the most contentious aspects of the case. 
In Georgia, the amount of compensated to be recovered is determined from the perspective of the survivors of the deceases.
This means the damages that will be awarded will reflect what the surviving family lost. 
The surviving family members may be able to collect damages for the following: 
  1. Medical Expenses of the deceased that accumulated before their death. 
  2. Damages for the lost wages of the deceased that they would have earned had they not died in the accident.
  3. Damages for pain and suffering that the family endured because of their loved one’s death.
  4. Punitive damages which are intended to punish the at-fault party who caused the accident due to their reckless behavior.

If you want to be able to obtain the maximum amount of compensation that you are owed, having an attorney on your side will make this process much easier.

Wrongful death cases can take years to settle, and you should not be left to handle it alone.

When you are on your own, the insurance company will hope to wear you down by taking their time in hopes that you agree to a much lower settlement than you deserve.

Ready to Talk to a Lawyer Who Has Your Back?

Hire an Experienced Wrongful Death Attorney in Georgia

When you lose someone you love because of the recklessness of another, you deserve to be financially compensated for your loss.

Losing someone you love is tragic, and dealing with an insurance company who will inevitably try to minimize the loss of your loved one is something nobody should have to go through.

You should not be worried about money during this difficult time or how the funeral of the person who was taken too soon is going to be paid.

When you hire an attorney from The Brown Firm, we make sure that you are taken care of every step of the way.

We handle all of the negotiations with the insurance company, and it is our goal to make sure that you receive the best settlement possible for the loss of your loved one.

Our attorneys have been representing the families of the deceased for over 30 years.

We have the training and skills to make sure that you are taken care of and that your settlement is what you deserve.

Our lawyers will speak to you for free so we can find out the details of your case and let you know how we will be able to assist with the recovery of your losses.

Of course, no monetary amount will ever make up for the loss of someone you love, however it is our goal to make the burden of the loss just a bit lighter so you can heal and not worry about finances.

If you would like to schedule an appointment with one of our experienced Wrongful Death Attorneys in GA, please click on the link below now. If you need more information about Wrongful Death Cases, please use this guide.

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