Losing a family member can trigger all kinds of feelings, especially grief. However, if the death resulted from someone’s careless or intentional actions, you may also feel a strong need to get justice from the person responsible for the loss. In Georgia, you have the right to pursue compensation for a family member’s wrongful death, but you must provide compelling proof of their negligence. Here’s what you need to know about proving wrongful death claims in Georgia.
What Qualifies as Wrongful Death in Georgia?
A wrongful death is any death resulting from another party’s negligent or purposeful actions. Wrongful death claims could arise from many different situations, such as a motor vehicle accident, slip and fall, animal attack, medical malpractice, assault, or other incident.
Wrongful death laws in Georgia generally require a claim to be filed within two years of the person’s death. Certain exceptions apply, so check with a wrongful death attorney about the deadline for your case as soon as possible.
Steps in Proving the Wrongful Death of Your Loved One
Proving wrongful death requires solid evidence showing that the at-fault party had a duty to prevent the victim from harm and failed to fulfill their obligation. It starts with an investigation by your lawyer. Your attorney will review photos, surveillance footage, eyewitness accounts, and other evidence to determine what happened and who should be responsible for your family member’s death.
The next step is to document the harm you suffered because of your loss. Examples include funeral and burial costs, your loved one’s medical bills, and your pain and suffering. An experienced Georgia wrongful death lawyer will submit documentation showing the full extent of your losses and why you deserve maximum compensation.
Next, your lawyer will file a claim against the liable party or their insurance company and negotiate a settlement that ideally covers all your losses. Your case will only go to trial if settlement negotiations fail. If this happens, your lawyer will represent you in court and present evidence to a judge or jury. The judge or jury will then issue a verdict.
It’s important to know that a wrongful death suit is a civil case to recover money for the victim’s family. If your loved one died from someone’s criminal actions, the state of Georgia may pursue a separate criminal case against the suspect.
Damages Plaintiffs Can Recover in a Wrongful Death Case
Compensation in a Georgia wrongful death claim can include money for:
- Medical expenses related to your family member’s final injury or illness
- Loss of household income
- Loss of companionship and care
- Funeral and burial costs
Legal Support When You Need It Most – Contact Our Wrongful Death Attorneys in Georgia
You don’t need the stress of a legal battle when you’re grieving. The Georgia wrongful death attorneys at the Law Offices of William F. Underwood, III, P.C. know what evidence to look for in these cases and how to make a persuasive argument. Let us fight for justice during this dark time. Call our law firm today for a free consultation.
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