Losing a loved one is an unimaginable tragedy, and if their death was the result of someone else’s negligence or intentional actions, you may have a valid wrongful death claim. With experience in Georgia wrongful death law, we navigate the complexities of the legal system to hold responsible parties accountable and secure the compensation and closure our clients deserve. We recognize that no amount of money can replace a lost life, but we strive to ease the burdens caused by these tragedies. Trust our firm to handle the legal complexities while you focus on healing and honoring the memory of your loved one.

What is Wrongful Death?

Wrongful death occurs when a person dies due to the negligent, reckless, or intentional actions of another party. These actions can take various forms, such as car accidents, medical malpractice, workplace accidents, defective products, or criminal acts. Wrongful death claims seek to hold the responsible parties accountable for their actions and provide compensation to the surviving family members for the losses they have suffered.

Who Can File a Wrongful Death Claim?

Each state has specific laws regarding who can file a wrongful death claim. Typically, the immediate family members, such as spouses, children, or parents, have the right to file a claim. In some cases, extended family members or dependents may also be eligible to file a claim. It’s essential to consult with an experienced wrongful death attorney to understand the specific laws in your state and determine your eligibility.

Proving Wrongful Death

To establish a successful wrongful death claim, certain elements must be proven:

1. Duty of Care: It must be shown that the defendant owed a duty of care to the deceased. For example, drivers have a duty to operate their vehicles safely,
   doctors have a duty to provide competent medical care, and product manufacturers have a duty to ensure their products are safe for consumers.
2. Breach of Duty: It must be demonstrated that the defendant breached their duty of care through negligence, recklessness, or intentional misconduct. This breach of duty must be directly linked to the death of the individual.
3. Causation: It must be established that the defendant’s breach of duty was the direct cause of the individual’s death. This requires proving that the death would not have occurred without the defendant’s actions or negligence.
4. Damages: Lastly, it must be demonstrated that the surviving family members have suffered quantifiable damages as a result of the wrongful death. These damages can include medical expenses, funeral costs, loss of financial support, loss of companionship, and emotional pain and suffering.

Compensation in Wrongful Death Cases

If a wrongful death claim is successful, the surviving family members may be entitled to various types of compensation, which can vary depending on the circumstances and the applicable laws in your jurisdiction. Some common forms of compensation include:

1. Economic Damages: This includes compensation for medical expenses, funeral and burial costs, loss of future income, loss of benefits, and any other financial losses resulting from the death.
2. Non-Economic Damages: These are intended to compensate for the emotional and intangible losses experienced by the surviving family members, such as loss of companionship, emotional distress, and pain and suffering.
   1. Georgia law allows for a separate claim for the conscious pain and suffering of the individual who passed away due to the negligence of the defendant(s). Therefore, the family or estate has a right to the claim, as well as the late individual.
3. Punitive Damages: In some cases, if the defendant’s actions were particularly egregious or intentional, the court may award punitive damages. These are meant to punish the defendant and deter others from engaging in similar behavior.

It’s important to consult with an experienced wrongful death attorney who can evaluate your case, guide you through the legal process, and help you pursue the maximum compensation available.

Please note that this information is for educational purposes only and should not be considered legal advice. Every wrongful death case is unique, and it’s essential to consult with a qualified attorney to discuss the specifics of your situation.

If you believe you have a wrongful death case, we encourage you to contact our compassionate and skilled legal team for a free consultation at 678-365-3397 or email us at info@hollingsworthinjurylaw.com. We are here to support you during this challenging time and fight for the justice and compensation your family deserves.