Sandy Springs Wrongful Death Lawyer
As difficult as it is to lose a loved one, that loss can be even more devastating when there is a chance that it may have been avoided altogether. A wrongful death is the result of someone else’s neglect, misconduct or inaction.
A wrongful death lawsuit can help make you financially whole again, and can also be effective in holding the at-fault party accountable.
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.”
The law also 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)
- 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.
If someone you love has died unexpectedly due to the careless actions of another person, getting in touch with a legal representative is extremely important.
The compassionate lawyers at Scholle Law have over 25 years of experience representing families of wrongful death victims throughout Georgia. We know that no amount of money can heal the pain of losing a loved one. However, a wrongful death lawsuit can bring a measure of peace knowing the at-fault party is being held accountable, and can help alleviate the financial strain of the loss.
Call us at (866) 592-1296 or contact us online today for a free, no-obligation consultation with a Sandy Springs wrongful death lawyer.