What Constitutes a Wrongful Death?
A wrongful death is a type of personal injury that occurs when a person dies due to the negligence or intentional actions of another party. Wrongful death can be caused by a variety of situations like a car accident, medical malpractice, toxic torts, or unsafe working conditions. According to the CDC, unintentional injury deaths are the 3rd highest cause of death. Wrongful death personal injury lawsuits are a course of civil action and fall under tort law, which governs the remedies for civil wrongs. A person is liable for the wrongful act, whether done accidentally or intentionally. The injured or the aggrieved party is compensated for the loss of the deceased person through a wrongful death action with a financial settlement for damages. A wrongful death case is handled separate from any criminal prosecution.
While filing a wrongful death lawsuit can never replace the loss of a loved one, it can provide financial compensation to the deceased person's loved ones. When pursuing a wrongful death lawsuit, the standard of proof required is a preponderance of the evidence, meaning that the evidence must show that the defendant's actions more likely than not caused the death. It is not necessary to prove beyond a reasonable doubt that the actions or lack thereof caused a person's death.
Talk to one of JH Law Group's experienced wrongful death personal injury attorneys. Our team will thoroughly review your situation, advise you on whether or not you have a potential case,the potential dollar value of the amount of damages you are likely to recover, explain your legal options, and guide you step-by-step through the legal process of pursuing a wrongful death lawsuit. Our team of experienced personal injury lawyers understands that state law varies and the deadlines to file are different in any given state. It is important to seek guidance from a personal injury lawyer as soon as possible to ensure you don't miss the deadline to file a wrongful death lawsuit.
Who is Eligible to Bring a Wrongful Death Lawsuit on Behalf of the Deceased Person?
Wrongful death personal injury lawsuits and their settlements are the exclusive benefit of the individual's beneficiaries or personal representatives, which are typically close relatives. Specific people that are legally allowed to file a wrongful death claim include:
- A surviving spouse
- Children of the descendant
- Parents of unmarried children
- A personal representative of the descendants estate
What if you are none of these but believe yourself to be a personal representative of the deceased person? For instance, if you are a sibling, do you have a wrongful death claim? According to Georgia law, a wrongful death lawsuit can only be filed by a personal representative of the deceased person “for the exclusive benefit of the decedent’s next of kin.”
What are the Key Elements of a Wrongful Death Lawsuit?
In a wrongful death action, the key elements include establishing the existence of surviving family members of a deceased person who have suffered financial losses due to the death of the person and proving that a personal representative is appointed to pursue the wrongful death case. Additionally, showing that the wrongful death action has led to a pecuniary loss is crucial in building a strong case.
What Do You Need to Prove in Order to Win a Wrongful Death Lawsuit?
To win a wrongful death lawsuit, it is important to understand the cause of action, which is a predefined set of factual elements that allow for a legal remedy. In a wrongful death cause of action, you typically need to prove that someone's negligence (like medical malpractice) or intentional actions led to the death of the person. Negligence refers to a failure to exercise reasonable care, leading to harm or death. Intent involves the deliberate causing of harm resulting in death. The key elements that need to be established include showing a duty of care, the breach of said duty, causation, and damages suffered as a result of the wrongful death by a person's survivors. Damages can consider everything from the costs of funeral expenses, punitive damages, to whether or not the person suffered conscious pain prior to passing away.
What is Contributory Negligence Versus Comparative Negligence?
Contributory negligence is a legal defense that comes into play in some personal injury cases. Under this defense, if the person who was hurt did anything themselves that contributed to the accident or injury, the defendant is not responsible for the injury and the plaintiff cannot recover any damages. This defense makes it challenging for plaintiffs to receive compensation for injuries. Today, most states no longer apply contributory negligence and instead use comparative negligence rules. Georgia is a modified comparative negligence state, meaning damages can be recovered in a personal injury lawsuit even if the deceased person was partially at fault, as long as the percentage of fault does not equal or exceed that of the other party, or it does not exceed the proportion of fault of all other parties combined. The damages resulting from a wrongful death settlement would be reduced by the deceased person's percentage of responsibility. For example, a pedestrian who didn’t use a crosswalk may have been 10% responsible for a car accident because they did not use a crosswalk, while the drunk driver who hit them may have been 90% at fault. If the settlement was $1,000,000, it would be reduced by 10% because the driver is responsible only for their proportionate amount of the damage based on their amount of fault. This scenario would not, for example, come into play in a medical malpractice wrongful death case.
Is There an Average Wrongful Death Settlement?
A variety of factors influence wrongful death settlement amounts.The value of the wrongful death claim depends on the total damages suffered due to the negligent actions of the at-fault party. Each wrongful death case is unique and wrongful death personal injury settlements are determined based on factors such as liability, the extent of damages incurred by surviving family members as well as the total damages incurred, and how much insurance coverage is available. Seeking guidance from an experienced personal injury lawyer who specializes in these types of cases is crucial to assess any potential settlement accurately. Moreover, settlements may also consider non-monetary damages such as pain and suffering, loss of companionship, and punitive damages if the defendant's actions were particularly egregious. Punitive damages are designed to punish wrongdoers and deter similar behavior in the future. As such, they can play an important role in wrongful death cases by providing compensation and justice for the deceased and their family. Punitive damages are awarded under civil law when someone has committed a tort (wrongful act) against another person. In certain cases, such as those involving wrongful death, the court may award punitive damages to punish the defendant for their malicious or intentional misconduct and deter them from engaging in similar behavior.
How are Pecuniary Loss and Economic Damages Determined in a Wrongful Death Lawsuit?
The amount awarded seeks to provide financial redress for the losses suffered due to the death of a loved one, despite whether or not they had financial dependents. Determining pecuniary loss is crucial. Pecuniary loss refers to the financial damages suffered as a result of the death, such as the loss of financial support, inheritance, or services the deceased would have provided. This calculation often includes factors like the deceased's age, health, earning capacity, life expectancy, and the monetary value of lost benefits at a person's time of death. The goal is to quantify the economic impact the death has on the surviving family members and dependents. Courts consider various aspects to arrive at a fair compensation amount in any wrongful death lawsuit to adequately address the financial hardships caused by the wrongful death action.Factors such as conscious pain and suffering, the deceased person's income, potential future earnings, medical expenses, funeral costs, and the impact of the person's death on the family's financial stability are assessed. In addition to monetary damages, other damages like the mental suffering of the deceased person's family as well as the loss of companionship may be considered. Understanding the intricacies of damages in wrongful death cases requires the expertise of a personal injury lawyer specialized in calculating pecuniary loss in wrongful death lawsuits.
How do Common Law Jurisdictions Apply in a Wrongful Death Lawsuit?
In common law jurisdictions, legal systems rely on judicial precedent and custom rather than explicit laws. Past decisions influence present results in these types of cases. Understanding common law's application to wrongful death lawsuits is essential. It forms the basis for courts to assess responsibility, compensation, and resolutions. Working with a skilled legal expert in common law can significantly impact the outcome of your wrongful death lawsuit.
Are Wrongful Death Actions Handled in State Court or Federal Court?
While certain civil cases, such as those involving federal law, take place in federal court, states have jurisdiction over wrongful death claims. For this reason, the procedure for wrongful death lawsuits varies based on state requirements. The specific circumstances where wrongful death actions should be brought in federal court include when the defendant is from another state or another country or the defendant is a police officer who is being accused of violating the decedent's civil rights.
Is there a Statute of Limitations for Wrongful Death Lawsuits?
Every state has its own wrongful death statute that determines the time frame within which a lawsuit must be filed. In the state of Georgia, the time limit is two years. It can be shorter for instance, if the claim involves medical malpractice. Failure to adhere to the statute of limitations for wrongful death lawsuits can result in losing the right to pursue legal action, so it is important to seek legal counsel and representation as soon as possible. Seeking the advice of an experienced attorney can help you understand and comply with specific state law where you live.
Understanding Wrongful Death Claims in the State of Georgia
Wrongful death claims in Georgia allow the family members of a deceased person to be compensated financially for their loss. To succeed in a wrongful death lawsuit, it must be proven that that a person's death was a result of another party's negligence or intent. In Georgia, a wrongful death claims are distinct from survival action, focusing on the emotional and financial losses suffered by the surviving family members. Survival actions provide compensation that the individual would have received had they not died. Damages can include medical bills and funeral expenses, and compensation on account of mental suffering of the survivors. It is crucial to work with an experienced personal injury attorney who understands the intricate laws surrounding wrongful death claims is crucial in navigating this complex legal terrain.
The Importance of Legal Representation
Losing a loved one through wrongful death is a profound tragedy that no family should endure alone. Understanding the intricate legal aspects and complexities surrounding wrongful death claims is crucial. By seeking the expertise of a skilled wrongful death attorney in Atlanta, Georgia, you can navigate the legal process efficiently and effectively. Remember, time is of the essence due to the statute of limitations governing wrongful death lawsuits.
Your Personal Injury Wrongful Death Attorney
JH Law Group is the top choice for filing and winning win a wrongful death lawsuit in Atlanta, Georgia. Our team of skilled attorneys has extensive experience navigating the complexities of wrongful death statutes and personal injury lawsuits and is dedicated to seeking justice for the families of the deceased. Call 678.694.1250 Day or Night for a FREE Personal Injury Consultation.