Losing a loved one due to someone else’s negligence is an unimaginable tragedy. In these difficult times, it can be challenging to know where to turn for support and justice. A wrongful death claim may help hold those responsible accountable while securing the financial compensation needed for funeral costs, lost income, and emotional suffering.
While we understand that no amount of money can bring your loved one back; we also know that the financial compensation for your loss can ease your burden, hold the responsible party accountable, and help you get closure. To schedule a no-cost initial consultation with one of our experienced wrongful death attorneys, call Marks Law Group today at (678) 251-9309 for a no-cost initial consultation.
How Does Georgia Law Define Wrongful Death?
Under Georgia law, wrongful death occurs when a person’s death is caused by the negligence, recklessness, or intentional misconduct of another party. It is a legal claim that seeks to provide financial compensation for the surviving family members or beneficiaries of the deceased. This claim is separate from any criminal charges the responsible party might face, as it is a civil lawsuit aimed at holding the at-fault party accountable.
Wrongful death claims are governed by Georgia Code Section 51-4-2. These claims can be filed when the decedent’s death results from another person’s negligence, such as in accidents or medical malpractice. The deceased’s family members may be entitled to compensation for loss of companionship, loss of financial support, funeral expenses, and other damages related to their loved one's untimely death.
Common Causes of Wrongful Death in Decatur
In Decatur, wrongful death claims can arise from a variety of incidents, each involving different factors of negligence, recklessness, or intentional harm. Below are some of the common causes of wrongful death in Decatur:
Car Accidents and Truck Accidents
Motor vehicle accidents are a leading cause of wrongful death claims in Decatur. Whether caused by distracted driving, speeding, or driving under the influence, car accidents can result in fatal injuries. Truck accidents, particularly involving large commercial vehicles, often involve more severe consequences due to the size and weight of the trucks. In these cases, both the driver and potentially the trucking company may be held responsible for the fatality.
Medical Malpractice and Hospital Negligence
Medical malpractice occurs when healthcare providers fail to meet the standard of care, resulting in the death of a patient. Examples include misdiagnoses, surgical errors, medication mistakes, or failure to monitor a patient adequately. Hospital negligence, such as poor sanitation or inadequate staffing, can also contribute to fatal accidents or infections that lead to wrongful death claims.
Workplace Accidents
Fatal injuries on the job are another common cause of wrongful death. Workplace accidents can occur due to unsafe working conditions, lack of proper safety training, or malfunctioning equipment. Industries like construction, manufacturing, and agriculture often see more serious or fatal accidents, leading to wrongful death claims against employers, contractors, or other responsible parties.
Defective Products or Dangerous Property Conditions
Defective products can cause fatal injuries through malfunction or failure during use. For example, defective vehicles, faulty electrical appliances, or dangerous toys can result in deadly accidents. Additionally, dangerous property conditions, such as unaddressed slip and fall hazards or poorly maintained buildings, can lead to fatal accidents, making property owners liable for wrongful death claims.
Criminal Actions Leading to Fatal Injuries
Criminal actions such as assaults, murders, or other intentional acts of violence can lead to wrongful death claims. While criminal cases involve prosecution by the state, the family of the deceased can also file a civil wrongful death lawsuit against the person responsible for the crime. These claims seek compensation for the family's loss in addition to any criminal penalties the offender may face.
Each of these causes presents different legal challenges and requires thorough investigation to determine liability. If you believe your loved one’s death was caused by negligence or an intentional act, consulting with a wrongful death attorney in Decatur can help you understand your legal options and pursue the compensation you deserve.
Who Can File a Wrongful Death Claim in Decatur, Georgia?
The following individuals can file a wrongful death claim in Georgia:
- Surviving Spouse: If the deceased was married, the surviving spouse is typically the first person who can file the claim.
- Children of the Deceased: If there is no surviving spouse, the children of the decedent can file the claim. If there are multiple children, they may need to file the claim collectively or appoint a representative.
- Parents of a Deceased Minor: If the deceased was a minor and had no spouse or children, the parents may file the claim.
- Estate Representative: In some cases, the representative of the deceased’s estate can file the claim on behalf of the beneficiaries.
Understanding the causes and implications of wrongful death claims under Georgia law is important for families seeking justice and compensation for their loss. If you believe your loved one’s death was caused by someone else’s actions, consulting a wrongful death attorney can help determine the best path forward.
Who Can Be Held Liable for a Wrongful Death?
When a wrongful death occurs, various parties may be held liable, depending on the circumstances that led to the fatality. Here are some common parties that may be held responsible for a wrongful death:
- Negligent Drivers and Vehicle Operators: In cases of fatal car or truck accidents, negligent drivers are often the primary parties held responsible. Negligence can include actions such as speeding, distracted driving, driving under the influence, or failing to follow traffic laws. If a driver’s recklessness or disregard for safety leads to someone's death, they may be liable for wrongful death.
- Medical Professionals or Healthcare Facilities: Medical professionals and healthcare facilities can be held liable if their negligence leads to a patient’s death. This can involve mistakes such as misdiagnosis, surgical errors, medication mistakes, or failure to provide proper care. Medical malpractice claims often fall under wrongful death when an error directly contributes to fatal injuries.
- Manufacturers of Defective Products: When a product is defective or fails to meet safety standards, and it results in a fatal accident, the manufacturer or company responsible for the product can be held liable. This includes everything from faulty machinery to dangerous drugs and defective vehicles. Manufacturers have a duty to ensure their products are safe for consumers, and failure to do so can lead to wrongful death claims.
- Employers or Property Owners with Unsafe Work Environments: If an employer’s negligence leads to a fatal workplace accident, such as failing to maintain safety protocols, provide proper training, or address hazardous conditions, they may be held liable for wrongful death. Similarly, property owners who fail to maintain safe conditions, such as fixing broken stairs or addressing slippery floors, may be responsible if an unsafe environment leads to a fatal injury.
- Individuals Responsible for Criminal Acts Leading to Death: If a death is caused by criminal acts such as assault, robbery, or even homicide, the person responsible for committing the crime can be held liable in a wrongful death lawsuit. While criminal prosecution is handled by the state, surviving family members can pursue a civil case to seek compensation for their loss in addition to any criminal penalties the offender faces.
Each situation requires an in-depth investigation to identify who is at fault and what evidence exists to support the claim. If you suspect that your loved one’s death was caused by someone else’s negligence or intentional act, consulting with a wrongful death attorney can help you understand who may be held liable and what your options are for seeking justice.
What Damages Can You Recover From a Wrongful Death Lawsuit?
When filing a wrongful death claim, surviving family members may be entitled to various types of compensation. These damages are designed to help the family cope with financial hardships and emotional suffering caused by the untimely loss of a loved one. Below are the common types of compensation available in wrongful death cases:
- Funeral and Burial Expenses: Funeral and burial costs can be significant, and these expenses are often a key part of a wrongful death claim. Compensation can cover the costs of the funeral service, burial plot, casket, cremation, and other related expenses that arise following the death of a loved one.
- Medical Expenses Incurred Prior to Death: If the deceased received medical treatment before their passing, their surviving family members can seek compensation for the medical bills incurred. This includes emergency room visits, surgeries, hospital stays, medication, and other costs directly related to the care provided to the deceased prior to their death.
- Lost Wages and Future Earning Potential: If the deceased was the primary wage earner or contributed to the household financially, their family can recover compensation for the lost wages. This includes both the income already lost as well as the future earnings that the deceased would have made had they survived. A calculation is made to estimate the future earning potential, considering factors like career trajectory, age, and health.
- Pain and Suffering of the Deceased and Surviving Family Members: While pain and suffering are typically awarded for the personal injury of the deceased prior to death, surviving family members can also seek compensation for their emotional distress. This includes the grief, sorrow, and emotional pain caused by the loss of their loved one. Pain and suffering damages vary widely based on the circumstances and impact on the family.
- Loss of Companionship or Consortium: Loss of companionship refers to the emotional support, affection, and companionship that the deceased provided to their family. For surviving spouses or children, loss of consortium addresses the loss of the relationship, such as the loss of intimacy or parental guidance. These damages aim to compensate for the emotional and relational harm caused by the wrongful death.
Each wrongful death case is unique, and the types of compensation available will depend on the circumstances surrounding the death and the relationship between the deceased and the surviving family members. An experienced wrongful death attorney can help guide families through the process and ensure they seek the full compensation they are entitled to.
How Do You Prove a Wrongful Death Case?
You must prove liability in a wrongful death claim before any damages can be awarded. This means you must prove to the court that the defendant was negligent, and their negligent actions caused the death of your loved one before the court orders the defendant to pay any damages.
Typically, the plaintiff must prove the following in a wrongful death claim:
- Duty of Care: You must prove to the judge that the responsible party owed a duty of care to your loved one. For example, in motor vehicle accidents, you must prove the defendant had an obligation to obey traffic rules and regulations and drive carefully when operating any car.
- Breach of Duty of Care: Also, you must prove that the defendant breached the duty of care to your loved one. Again, if the situation involves a motor vehicle crash, you must prove that the defendant failed to obey the applicable traffic rules and regulations, such as by running a red light, or by speeding.
- Causation: It’s not enough to just show that the defendant broke the law in some way, or breached the duty of care in some manner. Also, you must show that the defendant’s specific actions directly caused the death of your loved one. Thus, even though the defendant ran a red light while driving, they’re not responsible for the tragic death of your loved one if the death was caused by something else, such as a mechanical failure on your loved one’s car.
- Damages: Apart from proving the breach of duty and causation, you must also prove that your loved one actually suffered damages. In most cases, in a wrongful death claim, if the breach of duty and causation exist, damages will be presumed for obvious reasons, such as the injured person died.
How a Decatur Wrongful Death Lawyer Can Help
Losing a loved one due to someone else's negligence or wrongful actions is a devastating experience. In these difficult times, a Decatur wrongful death lawyer can help guide you through the legal process and ensure that you receive the justice and compensation you deserve. Here’s how an experienced attorney can assist you during this challenging time:
- Investigating the Circumstances of the Death
A wrongful death lawyer will thoroughly investigate the events leading to the death, including gathering witness statements, reviewing accident reports, and examining any other relevant factors that could have contributed to the incident. - Gathering Evidence and Expert Testimony to Build a Strong Case
Your attorney will work to collect critical evidence, including medical records, accident scene photos, and expert testimony. This could include expert witnesses such as medical professionals or accident reconstruction specialists to support the claim of negligence or liability. - Negotiating with Insurance Companies for a Fair Settlement
Insurance companies often try to offer lower settlements to minimize their payout. A wrongful death lawyer will negotiate on your behalf to ensure you receive fair compensation for funeral expenses, lost wages, pain and suffering, and other damages. - Representing You in Court if Necessary
If a fair settlement cannot be reached through negotiation, your attorney will represent you in court. They will advocate for your family’s interests and fight for the compensation you deserve in front of a judge and jury.
How Long Do I Have to File a Wrongful Death Lawsuit in Decatur?
In Decatur, Georgia, you generally have two years from the date of the deceased person’s death to file a wrongful death lawsuit. This is in accordance with Georgia's statute of limitations for wrongful death claims.
It's important to note that the two-year deadline can be extended in certain circumstances, but waiting too long could result in your case being dismissed. If you're considering filing a wrongful death claim, it's best to consult with an attorney as soon as possible to ensure that all necessary steps are taken within the required time frame.
How Much is a Typical Wrongful Death Settlement in Georgia?
The typical wrongful death settlement ranges from $500,000 to over $1 million. Typically, a wrongful death settlement depends on the circumstances of the lawsuit. Your wrongful death settlement might be more or less than the average because each wrongful death lawsuit is unique, and the settlement depends on what happened, and the law applying to your case.
Wrongful death settlements depend on facts and the personal characteristics of the decedent. To determine a wrongful death settlement amount, you must consider the following factors:
- Last medical costs and cost of hospitalization of the decedent
- Funeral and burial costs
- Future monetary support the decedent would have provided
- Future household expenses the decedent would have provided.
- The age and health of the decedent
- Financial needs of surviving dependents
- Whether fault is clear in the lawsuit
- If exemplary damages are appropriate in the lawsuit.
While settlement amounts vary, every life is important and deserves a large amount of compensation. Every wrongful death lawsuit is a serious matter. When your loved one is a victim of wrongful death, expect the settlement award to reflect the importance of their life and the loss and trauma your family is going through.
The experienced Decatur personal injury attorneys at Marks Law Group have decades of experience helping clients across Decatur and Atlanta recover a fair settlement, and we can help you as well.
Contact Our Decatur Wrongful Death Lawyers Today for Legal Consultation!
If you’re grieving your loved one’s untimely death, the experienced personal injury attorneys at Marks Law Group can help you through this devastating time. We can take care of the legal process and help you and your family get justice for the loss of your loved one.
Our experienced and dedicated Atlanta wrongful death attorneys offer legal representation that has secured millions of dollars in compensation for our clients with wrongful death and personal injury claims in Decatur and throughout Georgia.
To schedule a no-cost initial consultation, call our injury law firm today at (678) 251-9309, or chat with us online to learn how we can help.