Fayetteville Wrongful Death Lawyer
Losing a spouse or child suddenly due to another’s carelessness or negligence is one of the most traumatic events a person can face. Wrongful deaths can be caused by medical malpractice, poor safety precautions, roadway accidents, or even defective car parts.
In wrongful death cases, the at-fault party is liable to pay damages to the family members of the deceased. In some cases, punitive damages may also be assessed if the at-fault party’s actions were especially egregious. Although it is a difficult time, building a strong case with assistance from a Fayette County personal injury attorney can help you recover compensation for your losses.
These types of cases require an experienced, compassionate attorney who will work with you and your family to determine how much you are owed. Our lawyers will take the burden of the legal process off your shoulders so you can focus on healing.
If your loved one was killed by another person’s actions or negligence, call us at (866) 592-1296 or contact us online today for a free, no-obligation consultation with a Fayetteville wrongful death lawyer today.
What Damages Are Available in a Wrongful Death Lawsuit?
Georgia’s state laws discuss the types of damages that you can receive after a wrongful death. Georgia’s statutes permit three categories of compensatory damages for surviving loved ones:
- The full value of the deceased’s life
- Funeral and estate-related expenses
- Medical expenses plus pain and suffering
The “full value” of the decedent’s life includes their income and benefits, the guidance and love they provide to their family, their impact on the community, and more. These damages are paid to the family of the deceased. Medical and funeral expenses, along with compensation for pain and suffering, are paid to the decedent’s estate.
Your attorney will argue for interest payments if appropriate. This would increase the amount of compensation to which you are entitled.
Punitive damages are not explicitly outlined in Georgia’s wrongful death laws. As such, courts will award them only under exceptional circumstances to punish the at-fault party. Punitive damages are exceedingly rare, and if they are awarded, they are paid to the estate of the decedent.
How are wrongful death damages distributed?
Wrongful death beneficiaries generally include the immediate family of the deceased. If no immediate family members are alive, the damages will go to the representative of the estate. Damages will be distributed evenly among all beneficiaries. There is one exception to this rule.
Per Georgia law, a victim’s spouse will never receive less than one-third of the damages awarded. If a beneficiary is a minor, any amount that is less than $15,000 will be held by the child’s natural guardian for the child’s benefit. If the child receives more than $15,000, it must be in the protection of a guardian of the child’s property.
Who has the right to file a wrongful death lawsuit?
Georgia law details which family members can file a wrongful death claim and the priority that each party has in that claim. The order of priority in a wrongful death claim is as follows:
- Husband or wife (spouse)
- Children
- Parents
- Any other heir or next of kin (designated by estate-planning documents or by Georgia probate law)
Wrongful death cases often lead to messy probate disputes. Dealing with them in a compassionate yet productive manner requires deft legal skills. The team at Scholle Law can help you through the entire legal process.
Speak with a Fayetteville Wrongful Death Attorney Today
The loss of a loved one is not a wound that can be healed with any amount of money. But through a wrongful death claim, you and your family can hold the at-fault party accountable and alleviate your financial concerns. Our compassionate attorneys can help you figure out your next steps and manage the entire legal process on your behalf so you can focus on healing.
If your loved one was killed by another person’s actions or negligence, call us at (866) 592-1296 or contact us online today for a free, no-obligation consultation with a Fayetteville wrongful death lawyer today.