Most of us build our lives around our families. And when a beloved family member passes away, the impact on surviving loved ones can be devastating, especially when the loss was caused by a preventable accident.
As you and your family grieve this kind of loss, a lawsuit is likely the last thing you want to deal with. That said, the best thing to do is consult with an experienced Jonesboro wrongful death lawyer as soon as possible to ensure that you do not forfeit your family’s right to justice, accountability, and legal compensation.
One of the Best Wrongful Death Lawyers in Jonesboro
At Butler Kahn, we have extensive experience helping families across Georgia enforce their rights after the wrongful death of a loved one. Our knowledgeable and compassionate legal team is ready to handle your case from start to finish. Contact us today to learn more in a free, no-obligation consultation. Read on to learn more about wrongful death lawsuits in Georgia.
How Is Wrongful Death Defined in Georgia?
In Georgia, a wrongful death is legally defined as any homicide that “results from a crime, from criminal or other negligence, or from the property which has been defectively manufactured, whether or not as the result of negligence.” By far, most wrongful death cases are based on a negligence theory of liability. However, depending on the circumstances, they may also be based on things like medical malpractice, products liability, or intentional wrongdoing.
How Do You Prove Fault in a Wrongful Death Claim?
No matter what theory of liability your case rests on, you will need evidence to substantiate your claim. As in all civil lawsuits, plaintiffs in a wrongful death case must prove the defendant’s fault by a preponderance of the evidence. Relevant evidence will vary widely depending on the facts of the case. That said, it normally includes things like:
- Police accident reports
- Medical records documenting the fatal injury
- Death certificates and autopsies
- Statements from witnesses to the fatal incident
- Photographs and videos of the scene
Your wrongful death attorney may also bring in reliable experts to testify on your behalf, including doctors, forensic analysts, and accident reconstruction specialists. Remember that the more time that passes after an accident, the more time there is for evidence to deteriorate and for memories to fade. Therefore, it is best to have your case evaluated by a wrongful death attorney sooner than later.
To learn more in a video presentation by Butler Kahn, see How Long Does a Wrongful Death Case Take?
Who Can File a Wrongful Death Lawsuit in Georgia?
In Georgia, only certain family members can file a wrongful death lawsuit on behalf of their loved ones. If the decedent was married, their surviving spouse is first in line to file a wrongful death claim. If the decedent was unmarried, any surviving children would then be first in line, followed by surviving parents.
If none of these parties are available to file a claim, the personal representative of the decedent’s estate may do so instead. When appointed in a will, the personal representative is sometimes referred to as an executor. When appointed by a court in the absence of a will, they are sometimes referred to as an administrator.
To learn more in a video presentation by wrongful death lawyer Butler Kahn, see Who in the Family Gets the Money in a Wrongful Death Case in Georgia?
What Compensation Can You Recover Through a Georgia Wrongful Death Claim?
Of course, no amount of money can make up for a lost life. However, in an effort to provide a measure of justice and accountability to surviving family members and society, a court may order that the responsible party pay compensation for wrongful death. In Georgia, surviving family members may be compensated for the “full value of the life of the decedent” measured from the perspective of the decedent. Brock v. Wedincamp, 253 Ga. App. 275, 281-82 (2002).
Reflecting the difficulty of placing a monetary value on life, Georgia courts leave final determination up to the “enlightened conscience” of the jury. Chrysler Group, LLC v. Walden, 339 Ga. App. 733, 750 (2016). Despite the highly subjective nature of this inquiry, surviving family members should not be discouraged. Our compassionate attorneys know how to communicate with a jury and can make sure the full impact of the wrongful death in your family is not underestimated or overlooked.
Follow this link to hear an economist explain “the value of life” in a wrongful death case handled by Butler Kahn.
What Is the Deadline for Filing a Wrongful Death Lawsuit?
A wrongful death in the family can be overwhelming. However, surviving loved ones have a limited about of time to take legal action, and it is wise to consult with an attorney sooner than later. In most cases, the statute of limitations in Georgia gives two years from the date of a wrongful death to file a lawsuit seeking compensation from the at-fault party.
Subject to very limited exceptions, cases filed after the deadline passes will be dismissed in court. This will destroy your right to seek compensation through a civil lawsuit, as well as give the at-fault party the upper hand during out-of-court settlement negotiations. Without the threat of a lawsuit, you may be forced to accept their lowest offer. When insurers are involved, they may deny your claim altogether.
To learn more in a video presentation by Butler Kahn, see Lawyer Explains Statute of Limitations (or Deadline) in Georgia Wrongful Death Cases.
Contact a Jonesboro Wrongful Death Lawyer
If your loved one was killed in an accident, we are truly sorry for your loss. Our Jonesboro wrongful death lawyers understand the devastating impact this kind of loss can have on surviving family and friends. We also understand that no amount of money can ever make things right. Even so, you and your family may pursue a measure of justice and accountability by filing a wrongful death lawsuit. Jonesboro personal injury attorney.
The legal team at Butler Kahn has extensive experience helping families throughout Georgia recover the compensation they are legally entitled to after the wrongful death of a loved one. We hope the information on this page has been helpful. Call one of our wrongful death lawyers or contact us online if you would like to talk with us about your situation. There is no charge to speak with us about your case.
