Death is part of life’s journey and can befall anyone. However, death hits the hardest when attributed to another person’s or entity’s actions. It is best not to take such instances lightly. Moreover, the law does give the bereaved the right to file a wrongful death lawsuit against those responsible. It would be best to consider working with an experienced and dependable Mableton wrongful death lawyer to help with such a case.
Grieving your departed loved one can be overwhelming. It can be difficult to focus on taking legal actions while going through the pain of losing a loved one. But we advise people to consult an attorney specializing in wrongful death cases as soon as possible. An attorney will take the hassles of handling the legal processes off of you.
At Jamie Ballard Law, we firmly believe that everyone’s rights must be respected and upheld, including the dead. We take wrongful death lawsuits seriously and give every case the personal attention it deserves. Jamie Ballard has experience handling these cases and will provide the best legal counsel to ensure the best outcome for you and your family.
Call our personal injury firm today at 571-331-2381 or visit our offices in Mableton, Georgia, to speak to a lawyer. We offer a free initial case evaluation and we don’t get paid unless you receive compensation.
How Is Wrongful Death Defined in the State of Georgia?
According to Georgia laws, any person or entity that causes another person’s death might face a wrongful death lawsuit if their actions are found to be intentional, negligent, reckless, or malicious. Your lawyer will investigate your claims to ensure they have all the facts (evidence) needed to prove the accused is responsible and must compensate you and your family for the pain and losses associated with your loved one’s untimely demise.
Under Georgia laws, some of the factors that set grounds for filing a wrongful death case include:
- Medical malpractice like misdiagnosis, surgical errors, medical injury, and wrong prescription
- Criminal acts like premeditated murder and others that result in death
- Consuming contaminated foods in commercial establishments
- Faulty products like electronics, drugs, appliances, vehicles, and medical devices
- Engineering malpractice and flawed construction
- Nursing home abuse or neglect
- Pedestrian accident fatalities
- Car accidents caused by drunk driving
- Unlawful or improper alcohol service like a bartender serving alcohol to an evidently intoxicated customer
Who Qualifies to File a Wrongful Death Claim in Georgia?
According to Georgia’s wrongful death law, parties filing a wrongful death lawsuit must be related to the deceased. The spouse holds the primary right to file a wrongful death claim. If there is no surviving spouse, the children of the deceased can file a claim. If there is no surviving spouse or children, the parents of the deceased may file a claim.
The law also allows the designated personal representative of the departed’s estate to file the case if there is no surviving spouse, child, or parent. The decedent’s estate representative will oversee the transfer of the recovered damages while adhering to the departed’s will.
If you are not sure if you can file a wrongful death in Mableton, GA, do not hesitate to contact us at 571-331-2381. We will review your case to confirm if you are eligible to file a wrongful death claim on behalf of your deceased loved one. If you are eligible, we will help you build a strong case.
What Types of Damages Are Recoverable?
The wrongful death lawyer handling your case will refer to Georgia state laws to ensure all beneficiaries are dully awarded their respective share of the recovered damages. That means we shall consider every person’s eligibility when awarding the compensation. Nevertheless, your legal counsel’s objective is to focus on recovering the following damages:
- Lost benefits the deceased’s heirs could have received
- Medical expenses incurred when trying to save your departed’ family member
- Funeral and burial expenses
- Lost financial support associated with the departed’s death
- Lost training and guidance
- Loss of companionship, comfort, and moral support
- Lost protection
- Loss of affection and intimate relations
Can the Surviving Family File for Punitive Damages?
The purpose of punitive damages is to punish the responsible party for their negligent actions. It is not possible for the surviving family members to seek punitive damages in Georgia. However, punitive damages can be awarded if an estate administrator files a claim for the deceased’s pre-death pain and suffering.
Through an estate claim, punitive damages can be awarded in connection with wrongful death. The purpose of punitive damages is to punish the responsible party for malicious or extremely reckless actions.
We are a law firm that strives to represent our client’s best interests. That means we are committed to ensuring that you and your family are compensated for the pain and loss associated with your loved one’s untimely demise. We shall use our experience handling such cases and the resources at our disposal to ensure justice is served and those responsible are held accountable.
How Is Negligence Proved in a Wrongful Death Case?
Proving liability is integral to improving the odds of winning any wrongful death compensation case. As such, our primary focus will be showing the court the accused is responsible for your loved one’s death, which requires in-depth investigation to build a solid case that proves liability.
Your attorney will focus on the following factors:
- Duty of care: Show the court that the accused party owed the decedent a duty of care.
- Breached the duty of care: Your lawyer will demonstrate that the liable party failed to uphold the duty of care through their action or inaction.
- Causation: Demonstrate that the accused’s negligent or intentional actions directly led to your loved one’s death.
- Damage: Showing evidence of the financial and intangible losses associated with the death.
How Do You Start a Wrongful Death Claim in Mableton, Georgia?
In our years of fighting for different clients in Mableton and across Georgia, we have discovered that winning is a tactical approach. It is best to consider working with wrongful death attorneys with the experience, resources, and expertise to ensure that you and your family get the best legal counsel and representation.
The first chief step is to fight for your loved one even though you are grieving and making burial plans. At Jamie Ballard, we are more than happy to be the legal team that will be fighting for your rights and interest. We shall listen and evaluate your claims and advise you accordingly on the best way to proceed with the legal action against the accused.
The wrongful death lawyer handling your case will also be on hand to help you and the family develop an estate plan and appoint a designated representative if your departed did not have one. Doing so is essential because it safeguards our chances of winning the compensation case. After all, we shall cover potential legal hurdles that we might encounter.
We also acknowledge that the situation might be challenging for you and your family, with everyone distraught and wanting justice to be served immediately for their departed family member. That is why we are a law firm that focuses on expediting the processes required regarding wrongful death lawsuits. The earlier we start preparing and fulfilling the legal requirements, the better the prospects of building a solid case with a good shot at winning and safeguarding your interests.
What Is the Difference Between a Wrongful Death Claim and an Estate Claim?
There are differences between wrongful death claims and estate claims, even though they both involve wrongful death.
The difference between a wrongful death claim and an estate claim is that an estate claim allows the estate of the deceased person to recover expenses related to the wrongful death, such as medical and burial expenses. And the objective of a wrongful death claim, on the other hand, is to seek the maximum compensation for the life of the deceased person.
Find a Dependable Mableton Wrongful Death Lawyer at Jamie Ballard Law!
According to Georgia laws, any person or entity that causes another person’s death might face a wrongful death lawsuit if their actions are found to be intentional, negligent, reckless, or malicious. Your lawyer will investigate your claims to ensure they have all the facts needed to prove liability. The earlier we start preparing and fulfilling the legal requirements, the better the prospects of building a solid case with a good shot at winning and safeguarding your interests.
At Jamie Ballard Law, we firmly believe that everyone’s rights must be respected and upheld, including the dead. Hence, we to take wrongful death lawsuits seriously and commit all the necessary resources to ensure we build the strongest possible case. Jamie Ballard has experience handling these cases. She will guide you and your family through the complex legal process and fight to secure the most compensation possible.
We also guarantee that you will get reliable representation. Call us today at 571-331-2381 to speak to a reliable and seasoned Mableton wrongful death lawyer. We can offer a free initial case evaluation and take on your case on a contingency basis, meaning you pay us nothing unless we recover compensation for you!