Losing a loved one unexpectedly due to another party’s negligence can be a life-altering event. Beyond the emotional turmoil, there are often significant financial burdens, including hospital and funeral expenses. However, Georgia’s Wrongful Death Act provides a legal pathway for holding the responsible parties accountable through a wrongful death claim.
Navigating these claims can be complex and emotionally taxing, requiring professional legal guidance. An experienced wrongful death attorney can help you understand the process, manage expectations, and represent you in court if needed.
If your loved one’s death was caused by another’s negligence or misconduct, you have the right to seek justice and compensation. At GMV Law Group, our seasoned wrongful death attorneys in College Park can evaluate your case, handle its intricacies, and offer you the peace of mind to grieve.
Contact us today at 404-975-4878 to schedule a free initial consultation and explore your legal options.
Defining Wrongful Death in Georgia
In Georgia, wrongful death is defined as the death of a person due to the negligence, breach of contract, or other wrongful act of another individual or entity. This encompasses various scenarios such as:
- Medical malpractice
- Automobile accidents due to negligence
- Crimes resulting in death
- Defective products
When a loved one’s life is tragically cut short due to another’s recklessness, consulting a wrongful death lawyer in College Park is a wise move.
Who Can File a Wrongful Death Lawsuit in Georgia?
Under Georgia law, only specific family members are permitted to file a wrongful death lawsuit. Here is a brief overview:
- Surviving spouse: Priority to file the claim.
- Children: If no spouse survives, the children of the deceased can file.
- Parents: If there is no surviving spouse or children, the parents can file.
- Estate representative: If none of the previously mentioned parties are available, a representative of the deceased’s estate can file on their behalf.
The estate’s personal representative acts on behalf of surviving family members who have incurred losses due to the wrongful death
The Process for a Wrongful Death Case in College Park, GA
Embarking on a wrongful death claim in College Park may seem overwhelming, especially if you are unfamiliar with the legal process. Here’s an overview of what you can expect:
Contact a College Park Wrongful Death Attorney
It’s critical to consult with an experienced wrongful death attorney. A lawyer can offer guidance on the legal steps, assist in gathering necessary evidence, and represent you in court.
Gather Evidence
Supporting a wrongful death claim involves working closely with your attorney to collect evidence, which may include:
- Police report: Useful, particularly in cases of accidents or criminal activities.
- Medical records: Crucial in cases involving medical malpractice.
- Witness statements: Eyewitness accounts that can be pivotal.
- Expert testimony: Expert witnesses may be necessary to establish negligence or cause.
- Financial records: To demonstrate the financial impact of the death on surviving family members
File the Complain
Your attorney will draft and file a complaint in the relevant Georgia court. The complaint should include:
- Identification of the parties: Names and relationships to the deceased.
- Facts of the case: Details surrounding the death and circumstances.
- Legal basis for the claim: Explanation of the wrongful actions or negligence.
- Damages: A detailed listing of the damages being claimed.
Serve the Defendant
After the complaint is filed, the defendant must be formally served. This involves delivering a copy of the complaint and a summons, informing them of the lawsuit.
Discovery Process
Following the defendant’s response, the discovery phase begins. This involves the exchange of information between parties, including depositions, interrogatories, and document requests.
Settlement Negotiations
Often, wrongful death cases are resolved out of court through settlements. Negotiations can take place at any stage, providing compensation without a prolonged trial
Trial
If no settlement is reached, the case proceeds to trial. Both sides present evidence and arguments, and a judge or jury delivers a verdict on damages.
Benefits of Hiring a Wrongful Death Lawyer in College Park
Engaging a wrongful death lawyer with extensive experience can offer significant advantages.
Legal Expertise
Wrongful death cases can be legally intricate. An experienced lawyer has a comprehensive understanding of the laws and regulations, which is crucial for effectively managing the case.
Case Preparation
A competent wrongful death attorney can conduct an in-depth investigation into the circumstances surrounding your loved one’s death. They use various resources to gather evidence, interview witnesses, and consult with experts to build a strong case on your behalf.
Compensation
An attorney can assist you in seeking compensation for losses incurred due to your loved one’s death. These losses may include medical expenses, loss of financial support, and emotional distress. A seasoned lawyer will evaluate these losses accurately to ensure you receive the compensation you deserve.
Objectivity
The emotional strain of losing a loved one can make it challenging to remain objective. A wrongful death lawyer provides a professional, unbiased perspective and advocates for your rights.
Negotiation Skills
A seasoned attorney can negotiate with insurance companies and other involved parties to seek a fair settlement. Their experience and knowledge deter lowball offers during your vulnerable time.
Courtroom Experience
If your case goes to trial, a wrongful death lawyer will represent you in court, presenting evidence, cross-examining witnesses, and making persuasive arguments to secure a favorable verdict.
Peace of Mind
Having an experienced attorney to handle your case can provide a sense of relief and security. Knowing a professional is working tirelessly for justice allows you the space to mourn.
Frequently Asked Questions About Wrongful Death
How Long Do I Have to File a Wrongful Death Case?
In Georgia, the statute of limitations for wrongful death claims is generally two years from the date of death. Exceptions exist for specific circumstances, but most lawsuits must adhere to this timeframe.
What Compensation Can I Seek in a Wrongful Death Lawsuit?
Damages in a Georgia wrongful death case can include:
- Economic damages: Lost wages, benefits, and other financial contributions.
- Non-economic damages: Loss of companionship, care, and other intangible benefits.
- Punitive damages: In cases of egregious misconduct, punitive damages may be awarded to punish the defendant and deter similar actions.
How Much Does a Wrongful Death Lawyer Cost?
Our firm operates on a contingency fee basis. You don’t need to worry about legal fees unless we win your case. Legal costs are deducted as an agreed-upon percentage from the settlement. This arrangement ensures dedicated service as our team is motivated to perform at its best.
Call Our College Park Wrongful Death Lawyers at GMV Law Today
Handling wrongful death claims can be challenging due to various defense tactics employed. Even if the defendant admits fault, they might attempt to minimize the compensation. With the GMV Law Group team, you don’t have to face these challenges alone
Our attorneys excel in negotiation and will fight for a fair settlement on your behalf. If necessary, we are prepared to take your case to trial to obtain the compensation you deserve.
Our wrongful death lawyers in College Park are ready to begin working on your case. Call us today at 404-975-4878 to get started!
