Wrongful Death
There is nothing more tragic than losing a loved one. The loss is even more difficult to deal with when the loss is caused by someone else's negligence or intentional acts and could have been avoided. A wrongful death claim is the legal claim to monetary damages for the death of a loved one due to the negligence of another. Many wrongful death claims involve car wrecks, motorcycle wrecks, trucking accidents, and product liability claims. During the difficult time that follows the loss of a loved one, it is hard to even think about pursuing a wrongful death claim. However, it is often critical to hire a good wrongful death lawyer as soon as possible to make sure your rights are protected and the evidence that supports your case is preserved. The wrongful death attorneys at The Griffin Law Firm, P.C. will help you with the complicated legal process of being fully compensated for the wrongful death of a loved one.
Georgia law limits who is legally entitled to a wrongful death claim (a claim for the loss of a loved one due to the negligent or intentional acts of another). Usually when the deceased person is an adult, the spouse and children have the wrongful death claim. Georgia law requires that the surviving spouse share some of the wrongful death settlement or recovery with the children. The surviving spouse, however, is always entitled to at least one-third of any recovery for wrongful death. If the person wrongfully killed is a minor (a child), then the child's parents have the right to the wrongful death recovery. If the person killed does not have a living spouse, child, or parent, then the estate of the deceased has the wrongful death claim.
Georgia law allows wrongful death claims to compensate you for "the full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived." O.C.G.A. S 51-4-1. The full value of a life is not just the lost earning capacity, but also the loss of intangible items such as the value of that life to the deceased family. To prove the value of a life witnesses help capture the interests, talents, and ties to the community that help jurors see a snap shot or summary of the wrongfully taken life. Economists are often used to establish how much money the deceased person would have earned over the course of their life. The value of the life is a matter to be decided by a jury. Other damages which can be sought in a wrongful death claim are the pain and suffering to the wrongfully killed person, as well as the medical bills and funeral expenses.
Punitive damages can also be brought if the death was the result of more than negligence. Punitive damages are damages allowed when the actions showed a reckless disregard for human life such as a death caused by a drunk driver.
The wrongful death attorneys at The Griffin Law Firm, P.C. will guide you through this difficult process of pursuing a wrongful death claim. We will keep you informed through every step of the case. We will also fight hard to make sure the insurance companies are held responsible for the full value of the lost life. We know that no amount of money could ever bring back your lost loved one, but we will fight hard to help you recover the money damages you deserve to help you put your life back together and to help you be able to continue to provide for your family.
There are deadlines called Statute Of Limitations which limit the time you have to settle your case or file a lawsuit. You only get one try at a fair settlement or verdict so it is very important to hire an attorney to guide you through this difficult process. If you or someone you know would like a free consultation or settlement evaluation, please call us at 866-847-6545 or contact us online. You can also submit your case for our fee settlement evaluation by using the Free Settlement Evaluation form available on our website.