Smyrna, GA Wrongful Death Lawyer

Smyrna, GA Wrongful Death Attorney

Losing a loved one due to the negligence of another person is distressing and devastating. If someone you love has passed away due to the carelessness of another, you need a knowledgeable Smyrna wrongful death lawyer who can handle both the legal and emotional sides of your case.

Barnes Law Group is available to assist families in obtaining compensation and justice for the unexpected death of a loved one.

Why Opt for Us?

A Smyrna personal injury lawyer from Barnes Law Group can provide compassionate and individualized legal assistance to families who have lost a loved one. Our attorneys are very knowledgeable about Georgia’s wrongful death laws and have decades of experience. We take the time to hear you out and comprehend your particular situation. Then, we can provide you with the tenacious legal support you require to secure the compensation and justice your family is due.

What Is a Wrongful Death?

In Georgia, a wrongful death occurs when someone passes away as a result of the negligence, recklessness, or intentional actions of another person. Auto accidents, medical errors, faulty products, and criminal activity fall under this category.

In Georgia, one is accountable for a wrongful death if their actions result in the death of another person. Wrongful death claims are intended to give the surviving family members compensation and consolation for the losses they endured as a result of their loved one’s untimely death.

What Situations Can Lead to a Wrongful Death Claim?

Wrongful death claims can result from a number of factors. Typical instances include the following:

• Car-related Mishaps: Deaths can be caused by irresponsible drivers who are intoxicated, speeding, or inattentive while operating a vehicle. Contact our car accident lawyers in Smyrna to know more.
• Medical Error: This occurs when a medical professional, such as a doctor, makes a grave error that results in their patient’s death, such as misdiagnosing a patient or providing insufficient care.
• Defective Goods: Manufacturers can be held accountable if one of their defective or hazardous products causes a deadly accident.
• Incidents at Work: Unsafe working circumstances, a lack of safety precautions, or negligence in high-risk employment can all result in unintentional deaths.
• Criminal Activity: In Georgia, willful assault, murder, or violent crime can also result in wrongful death.

Every situation is unique. What matters is that someone else’s actions resulted in the death, so that person bears responsibility for the damages.

Who Is Eligible to File a Wrongful Death Claim?

In Georgia, there is a definite hierarchy regarding who is eligible to file a wrongful death claim. The first and primary individual to file a claim is the surviving spouse of the deceased. The deceased person’s child or children may make the claim if there isn’t a living spouse.

The claim can be filed by the deceased person’s parents if they did not have a spouse or children. The executor or administrator of the deceased person’s estate may submit a wrongful death claim on their behalf if none of these individuals are accessible.

The people who can file a wrongful death claim are restricted. Claims of this nature cannot be made by siblings, grandparents, or other relatives.

Compensation for a Wrongful Death

In Georgia, if a loved one passes away due to another’s wrongful act, the surviving family could file for damages. They can claim both material and psychological harm. The emotional loss of no longer having someone to talk to, mentor, and support them might be included in this, as can the deceased’s missed income, benefits, and services.

To recover the money that was lost due to the deceased person’s passing, they may also file on behalf of the estate. This covers expenses for the funeral and burial, any essential fees, and hospital bills paid prior to the patient’s passing. The purpose of this compensation is to assist the family in covering post-death expenses.

How Much Time Georgians Have to File a Wrongful Death Claim

In Georgia, you have two years from the date of death to file a wrongful death claim. This regulation does have some exceptions, such as when a crime was the cause of death. In this instance, the deadline may be “tolled,” or postponed, until the conclusion of the criminal prosecution. It’s critical to be aware of these deadlines because failing to file within the allotted time may result in the loss of your ability to request compensation.

Smyrna Wrongful Death FAQs

Q: Who Is the Beneficiary of a Wrongful Death Claim in Smyrna?

A: In Smyrna, GA, the beneficiaries of a wrongful death claim are usually the deceased person’s surviving spouse and children. If there is no surviving spouse or children, the deceased’s parents may file a claim. If no immediate family members are available, the executor of the deceased’s estate can file the claim, with any compensation distributed to the next of kin in accordance with the estate’s guidelines.

Q: Is There a Statute of Limitations on a Wrongful Death Claim in Smyrna?

A: Yes, Georgia law does have a time limit on cases of wrongful death. People who have lost a loved one usually have two years from the date of death to file a case. This is not always the case, though. For example, if the death was connected to a crime or the estate has not yet been probated, the time limit may be paused or “tolled.”

Q: What Are the Elements of Wrongful Death in Smyrna?

A: To file a wrongful death claim in Smyrna, you must show that:

1. Someone died.
2. The death was caused by someone else’s carelessness, intentional act, or negligence.
3. The death caused financial and emotional losses for surviving family members or the estate.
4. The responsible party can be held legally responsible for the wrongful death.

Q: What Does a Wrongful Death Claim Allow a Person’s Beneficiaries to Collect?

A: Georgia’s wrongful death cases let the people who were hurt get money for both financial and non-financial losses. This includes the value of the services they provided, their pay and benefits, and their company. The victim’s estate could also get back costs like hospital bills, funeral expenses, and other damages that were caused by the death.

Contact Barnes Law Group

If you lost one of your loved ones in a wrongful death situation, there may be options available to you for compensation. Contact Barnes Law Group to speak with a representative.