In Georgia, when someone dies because of another person’s negligent or wrongful conduct, it’s called a wrongful death. If someone dies a wrongful death, their surviving family members and heirs may be entitled to file a wrongful death lawsuit against the responsible party.
If your loved one was killed by another person’s misconduct, the pain of grief and financial stress can wreak havoc on your and your family’s lives. A Georgia wrongful death lawyer from Sweet James can represent you in a wrongful death lawsuit to recover monetary compensation for your losses.
Our team has more than 25 years of combined experience helping families find justice and answers. Contact us today to discuss your case with an Augusta wrongful death lawyer.
How an Augusta Wrongful Death Lawyer Can Help
Dealing with the aftermath of a death is one of the most difficult things a person can go through, especially if there is protracted legal action. A wrongful death lawyer from Sweet James can take care of all the administrative and legal aspects of filing a wrongful death claim. A lawyer can:
- Gather evidence and police reports
- Obtain medical documentation
- Calculate expenses and losses
- Send demand letters to insurers
- Respond to requests for additional information
- Negotiate settlement offers
- Pursue formal litigation in court
We understand the extraordinary difficulty of dealing with life after death, which is why we won’t charge a fee unless we win your case. You can secure effective legal counsel from our firm without the worry of paying for a lawyer up front. Call us today to learn more about how we can help.
Wrongful Death Cases We Manage in Augusta
Any situation where someone dies because of another’s negligence or wrongful actions counts as a wrongful death. Below are some of the most common types of wrongful death cases our Augusta personal injury lawyers have litigated:
- Motor vehicle accidents. Fatal car, truck, and motorcycle accidents are often caused by driver negligence.
- Pedestrian fatalities. Pedestrians face a serious risk of injury and fatality from negligent motorists.
- Slip and falls. Falling injuries can be fatal, particularly among seniors and children.
- Medical malpractice. Medical errors and negligence from medical professionals can cause fatal injuries.
- Defective products. Defective consumer products with material defects or design flaws can cause fatal injury or illness.
- Work injuries. Workers in heavy industries like construction or manufacturing face elevated levels of workplace fatalities.
Who Can File a Wrongful Death Claim in Augusta?
Wrongful death claims in Georgia can primarily be filed by the deceased’s surviving spouse or children. If the deceased had no spouse or children, the right to file falls to their parents. If there are no parents, then the deceased’s personal representative, as named in their will or appointed by a court, can initiate a claim.
Compensation Available in a Wrongful Death Lawsuit in Augusta
Compensation calculations in Georgia wrongful death claims account for both:
- The value of the lost life
- Expenses incurred due to the death
The first calculation examines any money that the deceased will miss out on due to losing their life. This includes economic and non-economic losses such as:
- Employment income the deceased would have earned if they were alive
- The expected value of retirement accounts, pensions, Social Security payments, etc.
- The cost of household services the deceased would have provided (e.g., housekeeping, childcare, etc.)
- Loss of enjoyment and life satisfaction that the deceased would have experienced
Compensation for the loss of life is split evenly between the deceased’s surviving spouse and children, with the spouse always receiving at least one-third.
The other component of compensation is money for expenses that were directly caused by the death. This includes:
- Medical bills and debt incurred before death
- Funeral and burial expenses
Compensation for the cost of death goes to the deceased’s estate and is distributed according to the dictates of their will. If no will exists, this money is distributed according to Georgia’s laws of intestate succession.
Survival Action Claims in Georgia
In addition to a wrongful death claim, the deceased’s personal representative can file a survival action claim. This is similar to a wrongful death claim, except it’s meant to compensate the deceased for losses they suffered before they died.
A survival action claim is essentially a personal injury claim the deceased would have filed if they’d lived. A key aspect of survival action claims is that they can recover compensation for the deceased’s pain and suffering, and, in limited circumstances, punitive damages.
How Long Do I Have to File a Wrongful Death Claim in Georgia?
Georgia law generally gives you two years to file a lawsuit for death due to a wrongful act or negligence. If a lawsuit is not filed within two years, your legal claim to monetary damages will expire. However, there are two notable situations where the two-year timer is paused, or tolled.
- If the wrongful death case also involves a criminal homicide investigation, the two-year timer doesn’t start running until the criminal case concludes.
- The two-year timer can be paused for up to five years if the deceased’s estate hasn’t been appointed a representative.
Regardless of how much time you have, you shouldn’t delay. Waiting makes it harder to investigate and gather evidence proving fault and liability. An Augusta wrongful death attorney can start building your case quickly and ensure you meet filing deadlines.
Sweet James: Wrongful Death Lawyer Serving Augusta
No amount of money can fill the void that death leaves. But a wrongful death lawsuit can provide for the stability and closure necessary to rebuild and move forward.
The team at Sweet James can be your steadfast advocate and ally through life’s difficult challenges. Contact our offices online or call us by phone today to schedule a free case consultation with an Augusta wrongful death lawyer.
Sweet James Accident Attorneys
Atlanta Office Location
1900 Century Place NE, Suite 200A,
Atlanta, GA 30345
(404) 678-6519
