It is difficult to cope with the loss of a loved one. It is more difficult to cope with the loss if their death was due to the negligent actions of someone else. It is impossible to place a price on the death of your loved one. However, the death of your loved one can leave your family with financial problems. It is, therefore, essential to seek justice and compensation.
It is best to hire the best Marietta wrongful death lawyer to help you sue the responsible party and seek compensation for the death of your loved one. A wrongful death lawyer understands the law, so they can prepare a strong case. Hiring the right lawyer increases your chances of getting the full compensation.
At Jamia Ballard Law, we will never let you go through difficult days alone. We will help you seek justice and deal with your wrongful death case. We will protect your rights. Call a Marietta personal injury lawyer at 571-331-2381 to schedule a FREE consultation.
How Is Wrongful Death Defined in the State of Georgia?
According to the State of Georgia, wrongful death is when someone dies due to the negligence of someone else, defective property, or criminal behavior. If another party is responsible for the death of a person, then the death is defined as wrongful death in the State of Georgia.
The following are some of the cases that qualify as wrongful death in the State of Georgia:
- Medical malpractice, such as medical injury, misdiagnosis, medication errors, or surgical errors.
- Criminal actions, such as intentional homicide
- Defective products
- Illegal alcohol service
- Pedestrian accidents
- Driving under the influence
- Nursing home neglect or abuse
- Engineering malpractice and faulty construction
Who Is Qualified to File a Wrongful Death Claim in Georgia?
The injured person usually files civil suits. However, the injured person is dead in a wrongful death claim. A dead person cannot file a wrongful death claim. That is why another party must file a wrongful death claim on the behalf of the dead person.
The parties, who are qualified to file a wrongful death claim in Georgia, are:
- The surviving spouse of the dead person
- If there is no surviving spouse, the surviving children of the deceased person
- If there is no surviving children or spouse, the parents of the deceased person
- If there is no surviving children, spouse, or parents, the administrator of the estate of the deceased person
If you are not sure if you can file a wrongful death in Marietta, 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?
There are two main types of damages that you can recover in a wrongful death claim. However, these damages are calculated based on what the deceased person lost. You cannot calculate the damages from the perspective of the surviving family members.
Here are recoverable damages in a wrongful death claim:
It is easy to calculate these damages. It consists of the income that the deceased person might have earned if they had lived an average lifespan. Economic damages include wages, investment income, benefits, and many more. Vocation experts and lawyers will determine the value of future lost income.
It is difficult to quantify non-economic damages since they are more subjective. The surviving family members lost one of their loved ones. They, therefore, suffered a loss of care, companionship, and many more. Surviving family members must, however, demonstrate the full impact of the wrongful death of their loved one.
Can the Surviving Family File for Punitive Damages?
The purpose of punitive damages is to punish the responsible party for their extremely 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. It is, therefore, crucial to hire a Marietta wrongful death lawyer. Your will lawyer will determine if punitive damages can be awarded in your case. That is why we highly recommend you hire a wrongful death attorney to handle your case.
How Do You Prove Negligence in a Wrongful Death Case?
You must prove liability to win your wrongful death compensation. You, therefore, need to prove that the actions of the responsible party constituted acts of negligence. It is difficult to prove liability on your own. It is better to hire an experienced and skilled wrongful death lawyer to prove negligence in your case.
Here is how to prove negligence in a wrongful death case:
Duty of Care
You will need to prove to the court that the responsible party owed the deceased person duty of care. The responsible party had a duty not to harm the deceased person.
Breach of Duty
Once you proved that the at-fault party owed the deceased person duty of care, you can now prove that the responsible party breached the duty of care that they owed the deceased person.
You will need to prove the negligence of the responsible party is the main cause of the death of the deceased person. You must prove that the responsible party was responsible for the death.
You will need to prove that the deceased person suffered damages. These damages must, however, be directly related to the injury and death of the deceased person. It is, therefore, necessary to provide tangible evidence of the damages.
If you want to win your wrongful death case, you will need to prove these four elements. If you do not know how to prove them, do not worry. We can help you! Jamie Ballard is a Marietta wrongful death attorney. She will help you prove these four elements to the court.
How Do You Start a Wrongful Death Claim in Georgia?
It is a little bit complex to file a wrongful claim since there are so many things you must do. It is, therefore, beneficial to contact a wrongful death attorney. A wrongful death attorney can help you file your wrongful death claim.
Firstly, you will need to prove that you have a strong case. If you do not understand the laws regarding wrongful deaths, you might not have enough time to do proper research. You will need to work with a lawyer. Your lawyer will investigate the circumstances to ensure you have a strong case.
Secondly, you will need to identify the at-fault party. If your loved one died in a car accident, your lawyer will interview the other driver and witnesses and collect enough evidence. They use the evidence to identify the at-fault party. Your lawyer will also talk with the insurance company of the responsible party.
Thirdly, if you decide to proceed with your wrongful death claim, your lawyer will prepare your case and file the necessary documents. If the insurance company denies your claim, you can take your case to court. Your lawyer will represent you in a court of law.
Once you decide to file a wrongful death claim in Marietta, GA, we highly encourage you to contact Jamie Ballard Law in Marietta, GA. We have been filing wrongful death claims for our clients. Therefore, we understand the whole process. If we find you have a strong case, we will fight for you to ensure you get what you are owed.
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.
Contact a Marietta Wrongful Death Lawyer Today!
It is impossible to bring back a dead loved one. It is also difficult to deal with the death of a loved one. If your loved one died due to the negligent behavior of someone else, the law allows you to seek compensation for the wrongful death.
You will, however, need to work with an experienced and skilled wrongful death lawyer. A lawyer will guide you throughout the whole process. Talking to a lawyer can even help you understand your legal options. Do not go through difficult days alone. It is, however, difficult to choose the right lawyer.
At Jamie Ballard Law in Marietta, GA, we have the experience and expertise to deal with your wrongful death case. We are dedicated to helping our clients get the compensation they rightfully deserve. We will make sure justice is served. We are ready to help you build a strong case. Contact us today at 571-331-2381 to schedule a FREE consultation with a Marietta wrongful death lawyer.