Understanding Wrongful Death And How To File A Claim

Wrongful Death is an unexpected event that can cause significant mental anguish and emotional turmoil, including feelings of anger, shock, and pain for those who have lost a loved one.

This difficult time is often compounded by the fact that it typically results from an individual or entity displaying negligent behavior and breaching their duty of care, making them the responsible party.

While most people are deeply affected by the loss of someone close to them, it is crucial, from a legal standpoint, to determine the cause of the death.

This article will delve into the details, discussing common causes and negligent behavior that can put someone or a company at fault in a wrongful death case.

If you are in the midst of a loss resulting from a Wrongful Death, contact The Cotto Law Group today.

Table of Contents

1. What is the Georgia Wrongful Death?

2. Common Causes of Wrongful Death

3. How to File a Wrongful Death Claim

4. Contact The Cotto Law Group

What is the Georgia Wrongful Death Act?

This Georgia Wrongful Death Act allows the immediate family of the deceased to file a claim for the the full value of the decedent's life, covering financial losses.

Grouped under Title 51, Chapter 4 of the Georgia Code, the act helps reduce any potential financial burden that may arise if the family is dependent on the deceased person's income.

Although this act pertains mainly to medical malpractice, which will be discussed later in the article, it can be applied to any form of death.

Common Causes of Wrongful Death

Common causes of wrongful death include car accidents on public roads, accidents within workplaces where safety protocols may have been overlooked, instances occurring within hospital settings where medical care may have fallen short of expected standards, and occurrences within nursing homes where the care provided may have been negligent.

Product Defects

The failure of some companies to ensure the safety of their products, whether it be food, machinery, or home appliances, constitutes product liability.

When these products cause harm, including death, it opens the possibility for legal action against the company responsible for manufacturing or distributing the defective item.

This legal recourse allows affected parties to seek compensation for the tragic consequences of using unsafe products, holding accountable those who negligently put consumers at risk.

Workplace Accidents

Workplace incidents frequently arise from hazardous conditions, human errors, inadequate training, or a company's failure to adhere to safety regulations.

In such cases, the family or representatives of the deceased can pursue legal action against the employer for their negligence in maintaining a safe work environment.

This legal action seeks to hold accountable those responsible for failing to prioritize employee safety, ensuring that families receive compensation for their loss and reinforcing the importance of workplace safety standards.

Auto Accidents

The most common reason for death claims is auto accidents caused by negligent drivers. These drivers include those who are drunk, reckless, or distracted, all of whom exhibit a dangerous disregard for the safety of others on the road. Such behavior can tragically result in fatal accidents, leading to the loss of innocent lives.

Fatal accidents are often the result of a breach of duty, where the responsible party has failed to obey traffic laws. This failure to follow the rules of the road can create hazardous situations, ultimately causing severe and often deadly consequences. When a driver’s negligence leads to such a tragic outcome, the affected family has the right to seek justice through a claim.

Medical Malpractice

While you may encounter professionals who have studied their practice for decades and use advanced technology, there may also be times when you face the complete opposite.

Doctors, nurses, and other medical professionals are human and can make mistakes, but they can also exhibit medical negligence when caring for patients. Their conduct can lead to the entire hospital or urgent care facility bearing the burden of a death claim if it comes to that.

How To File A Wrongful Death Claim

Filing death lawsuits requires time and patience from the affected party, given the lengthy legal process needed to obtain financial compensation. The eligible beneficiaries, if they are still alive, include parents, spouses, and children.

Regardless of who initiates the process, several steps are involved in bringing the case to court and seeking damages for pain and suffering:

Collecting Vital Evidence

Gathering relevant documents to prove that your loved one's death was due to negligent behavior involves collecting various pieces of evidence. These may include crucial items such as video footage from the accident scene, witness statements, police reports, the death certificate, and medical records that detail the cause of death. These documents play a vital role in substantiating your claim and establishing the basis for legal action against the responsible party or company.

Hire An Experienced Wrongful Death Attorney

Hiring an experienced wrongful death lawyer is crucial. Their expertise and legal guidance can greatly enhance your likelihood of securing fair monetary compensation.

A seasoned attorney understands the complexities of wrongful death cases, helping you navigate the legal process with confidence. They advocate for your rights, meticulously gather evidence, negotiate on your behalf, and ensure that all aspects of your case are thoroughly addressed.

With their support, you can pursue justice effectively and strive to obtain the compensation you deserve for your loss.

Present The Claim To Court

In Georgia, the statute of limitations allows up to two years from the date of the person's death for eligible beneficiaries to file a claim.

This timeframe typically provides ample opportunity to pursue legal action, though there are exceptions. For instance, if the negligent party faces criminal charges related to the death, the filing deadline may be extended. Other exceptions include cases where the deceased did not leave a will or if the sole beneficiary is a minor, who can file a claim upon turning 18 and has until age 20 to do so.

Additionally, you have the option to settle out of court based on offers from insurance companies regarding your claim. During settlement negotiations, it's advisable to have a personal representative present, especially if you feel the offered compensation does not adequately reflect your losses. 

Contact Our Experienced Wrongful Death Attorneys in Atlanta Today!

Losing a loved one due to negligence is devastating. Our compassionate team of wrongful death attorneys in Atlanta is here to support you through this difficult time.

With years of experience and a dedication to justice, we will fight for your rights and seek the compensation you deserve. Contact us today for a free consultation.