Lawrenceville Wrongful Death Lawyer

Close-up view of sick person and family member supporting and wishing speedy recoveryCoping with the loss of a loved one is one of the most difficult seasons in life. If the death is caused by another party’s negligence or wrongdoing, the pain of the loss can be nearly unbearable.

Georgia state law permits the family of a wrongful death victim to file a lawsuit if the death is caused by negligent, extremely careless, or intentionally harmful actions of another party, such as:

No amount of financial compensation can bring back a loved one lost due to another person’s wrongdoing. However, a successful lawsuit can help make you financially whole and can hold the at-fault party accountable for their actions.

The legal team at Scholle Law has compassionately represented families of wrongful death victims for over 25 years. We are intimately familiar with the complexities of these types of cases, and our attorneys will take the burden of the legal process off your shoulders so you can focus on what is most important. 

To schedule a free, no-obligation consultation with a Lawrenceville wrongful death lawyer, call us at (866) 592-1296 or contact us online today.

What Damages May Be Claimed in a Wrongful Death Lawsuit?

Georgia’s state laws discuss the types of damages that you can receive after a wrongful death. The law permits 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

Your attorney will also 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. In order to successfully petition for punitive damages, you must prove that the at-fault party acted in a way that showed “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.”

How are wrongful death damages distributed?

Family laying flowers on the graveWrongful 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, with one exception.

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. This is the legal process of validating any estate-planning documents and distributing assets according to the deceased person’s wishes. The attorneys at Scholle Law are well-versed in probate law, and we can help you figure out your next steps after your loved one’s passing. 

Speak to a Lawrenceville Wrongful Death Attorney Today

The thought that any amount of money can heal the hurt you feel after your loved one’s wrongful death can be upsetting. Yet recovering compensation through a lawsuit is not meant to make everything right. Instead, the compensation you receive can help you pay bills and get back on solid financial footing so you have one less thing to worry about. Perhaps more importantly, taking legal action can hold the at-fault party accountable for their actions.

The legal team at Scholle Law has compassionately represented families of wrongful death victims for over 25 years. We are intimately familiar with the complexities of these types of cases, and our attorneys will take the burden of the legal process off your shoulders so you can focus on what is most important. 

To schedule a free, no-obligation consultation with a Lawrenceville wrongful death lawyer, call us at (866) 592-1296 or contact us online today.