It’s upsetting and traumatic to lose a loved one because of someone else’s carelessness. If someone you care about has died because of someone else’s negligence, you need an experienced Lawrenceville wrongful death lawyer who knows how to handle the emotional and legal aspects of your case. Barnes Law Group is here to help families get justice and money for the untimely death of a loved one.
As a family law firm, Barnes Law Group is committed to providing families who have lost a loved one with caring and personalized legal assistance from a Lawrenceville personal injury lawyer. Our lawyers have decades of experience and a deep understanding of Georgia’s wrongful death statutes. We take the time to listen and understand your specific case. Then, we can help your family pursue the justice and pay they deserve.
In Georgia, wrongful death is when someone dies because of someone else’s carelessness, recklessness, or intentional acts. These can be from car accidents, medical malpractice, bad goods, and crimes.
In Georgia, someone is responsible for a wrongful death if their acts directly cause someone else to die. The goal of a wrongful death claim is to give the surviving family members money and comfort for the losses they’ve suffered because of the unexpected death of their loved one.
Several factors can lead to a claim of wrongful death. Some common examples are:
Each case is different. The important thing is that someone else’s acts caused the death, so they are responsible for the damages.
There is a clear hierarchy in Georgia about who can make a wrongful death claim. The remaining spouse of the person who died has the right to file a claim first. If there is no living spouse, the claim can be made by the child(ren) of the person who died.
If the deceased person did not have a partner or children, the parents of the person who died can file the claim. If none of these people are available, the executor or administrator of the deceased’s estate can file a claim for wrongful death.
Only certain people can make a wrongful death claim. This kind of claim can’t be brought by other family members, like siblings or grandparents.
In Georgia, the surviving family can file a claim for damages in the event of their loved one’s untimely death. They can file for both financial and emotional damages. These can include the deceased’s missed wages, benefits, and services, along with the emotional loss of no longer having someone to talk to, guide, and support them.
They can also file for the person’s estate to get back the money it lost because of the death. This includes hospital bills that were paid before the person died, funeral and burial costs, and other necessary expenses. This compensation is meant to help the family recover their financial losses after the death.
Wrongful death claims need to be filed within two years of the date of death in Georgia. There are some exceptions to this rule, such as if the death was caused by a crime. In this case, the time limit might be “tolled,” or put on hold, until the criminal case is over. It’s important to know these deadlines because, if you don’t file within the right timeframe, you might lose your right to seek pay.
A: In Lawrenceville, certain family members can make wrongful death claims in a certain order. First, the spouse who died can make a claim. If there is no partner, the children of the deceased can file. If there is no partner or children, the claim can be made by the deceased’s parents. If there are no close family members who can file, the agent or executor of the estate may file the claim.
A: In Georgia, wrongful death payments are allocated in accordance with the deceased’s relationship. If the surviving spouse makes a claim, they will usually receive a share of the settlement, with the remainder distributed among any surviving children. If there is no spouse or children, the parents receive the settlement. If the estate files the claim, any damages granted will be allocated to the next of kin in accordance with state legislation.
A: General damages for wrongful death in Georgia are intended to compensate surviving family members for both economic and non-economic losses. This comprises the complete value of the deceased’s life, such as missed wages and benefits, as well as non-economic losses, such as loss of companionship, direction, and emotional support. These damages reflect both real and intangible consequences on the surviving family’s life following the loss.
A: The heirs of a wrongful death claim in Lawrenceville are the deceased’s immediate family members. This covers the surviving spouse and their children. If there is no spouse or children, the deceased’s parents may be deemed heirs. If none of these individuals remain, the executor of the deceased’s estate may file a wrongful death claim on behalf of the next of kin, who will receive any granted compensation.
Losing a loved one due to wrongful death is an emotional experience. Barnes Law Group can help you with the legal process so you can focus on recovery and healing. Contact us today to get started.
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