Wrongful Death: Understanding and Filing a Claim

Wrongful Death is an unforeseen incident that can inflict significant mental anguish and emotional turmoil, including feelings of anger, shock, and pain for those grieving a loved one.

This challenging period is often compounded by the fact that it typically stems from an individual or entity's negligent actions, breaching their duty of care and holding them accountable.

While the loss of a loved one deeply affects most people, it is crucial, from a legal perspective, to ascertain the cause of death.

This article will explore these details, addressing common causes and negligent behaviors that can establish liability in wrongful death cases.

If you are coping with a wrongful death, reach out to The Cotto Law Group today.

The Georgia Wrongful Death Act: What is it?

The Georgia Wrongful Death Act enables the deceased's immediate family to seek compensation equivalent to the full value of the person's life, addressing financial losses.

Listed within Title 51, Chapter 4 of the Georgia Code, this act aims to alleviate any financial hardship that may arise for families relying on the deceased's income.

While the act primarily concerns medical malpractice, which will be covered later in this article, it applies to various other causes of death as well.

Common Causes of Wrongful Death

Instances of wrongful death frequently stem from car accidents on public roads, workplace mishaps where safety protocols were overlooked, incidents within hospitals where medical care may have fallen short, and occurrences in nursing homes due to negligent care.

Product Defects

Companies that fail to ensure the safety of their products, whether food, machinery, or home appliances, face liability for product defects. When such products cause harm, including death, affected parties can pursue legal action against the manufacturer or distributor responsible for the defective item. This legal recourse aims to compensate for the tragic outcomes caused by unsafe products, holding accountable those who negligently endanger consumers.

Workplace Accidents

Workplace accidents often result from hazardous conditions, human error, insufficient training, or failure to comply with safety regulations. In these cases, the family or representatives of the deceased can seek legal action against the employer for negligence in maintaining a safe work environment. Such legal actions aim to ensure accountability for those responsible for neglecting employee safety, providing compensation to families for their loss, and reinforcing the importance of workplace safety standards.

Auto Accidents

The leading cause of wrongful death claims involves auto accidents caused by negligent drivers, such as those who drive under the influence, recklessly, or while distracted. These behaviors disregard the safety of others on the road and tragically lead to fatal accidents and loss of innocent lives. Such accidents often result from a breach of duty, where the responsible party fails to adhere to traffic laws, creating hazardous conditions and severe consequences. Families affected by these tragedies have the right to seek justice through legal claims.

Learn more about the most common types of car accidents.

Medical Malpractice

Despite years of study and advanced technology, medical professionals, like all humans, can make mistakes or exhibit negligence in patient care. Such actions can lead to medical malpractice claims against hospitals or urgent care facilities.

How to Initiate a Wrongful Death Claim

Initiating a wrongful death lawsuit requires patience and diligence, given the lengthy legal procedures involved in seeking financial compensation. Eligible beneficiaries, including parents, spouses, and children, can initiate this process.

Regardless of who starts the proceedings, several steps are essential to bring the case to court and pursue damages for pain and suffering:

Gathering Essential Evidence

Collecting pertinent evidence to substantiate that the death resulted from negligent actions involves compiling various documents. These may encompass critical items such as accident scene videos, witness testimonies, police reports, the death certificate, and medical records detailing the cause of death. This evidence forms the foundation for your claim, establishing grounds for legal action against the responsible party or entity.

Retaining a Skilled Wrongful Death Lawyer

Engaging an experienced wrongful death attorney is pivotal. Their expertise and legal counsel significantly bolster your chances of securing equitable financial compensation.

A seasoned lawyer comprehends the intricacies of wrongful death cases, guiding you through the legal maze with assurance. They advocate for your rights, meticulously gather evidence, negotiate on your behalf, and ensure thorough preparation of your case. With their support, you can effectively pursue justice and strive to obtain fair compensation for your loss.

Presenting the Claim in Court

Under Georgia law, beneficiaries typically have up to two years from the date of death to file a claim. This statutory period generally provides ample time for legal recourse, though exceptions exist. For example, if the negligent party faces criminal charges related to the death, the filing deadline may extend. Other exceptions apply in cases where the deceased did not leave a will or if the sole beneficiary is a minor, who can file upon reaching adulthood and has until age 20 to do so.

Moreover, you have the option to settle out of court based on offers from insurance companies regarding your claim. During negotiations, having a personal representative present is advisable, especially if you believe the proposed compensation does not adequately address your losses.

Reach Out to Our Experienced Atlanta Wrongful Death Lawyers Today!

Experiencing the loss of a loved one due to negligence is profoundly distressing. Our empathetic team of wrongful death attorneys in Atlanta is committed to assisting you during this challenging period.

With extensive experience and a steadfast commitment to fairness, we will advocate fiercely for your rights and pursue the compensation you are entitled to. Reach out to us today to schedule a complimentary consultation.

Page updated

Google Sites

Report abuse