Understanding Your Family’s Wrongful Death Claim

When coping with a loved one’s tragic and unexpected death, it is natural to have lots of questions. While you are facing an extremely difficult situation, it is important to make informed decisions, and this means that you should rely on the advice of an experienced Augusta wrongful death lawyer.

Spouses, children and other family members can recover financial compensation for their loved ones’ deaths in a wide variety of scenarios. For example, you will want to speak with an Augusta wrongful death lawyer promptly if your loved one tragically lost his or her life as a result of any of the following:

• Fatal auto accidents involving cars, trucks and SUVs can result from driver negligence, vehicle defects, road defects and a variety of other factors. While many fatal auto accident cases involve car insurance claims, grieving families may be entitled to financial compensation from other sources as well.

• Trucking accidents have a much higher fatality rate than accidents involving collisions between passenger vehicles. In these cases, the trucking company, truck manufacturer and various other companies can all potentially be liable depending on the circumstances involved.

• Product defects are alarmingly common; and, tragically, sometimes product failures lead to fatalities. Under Georgia’s products liability laws, manufacturers, retailers and other companies can all be held liable when defective products are to blame for fatal accidents.

• Medical errors are among the leading causes of death in the United States. Diagnostic errors, surgical errors, treatment errors and other forms of medical malpractice can all justify claims for significant financial compensation.

• Tragically, deaths resulting from nursing home negligence are exceedingly common as well. If you have recently lost a loved one who was living in a Georgia nursing home, we strongly encourage you to contact us about your family’s legal rights.

Again, these are just examples, from slips and falls to incidents at work, all types of accidents can tragically turn fatal. We are committed to fighting for justice on behalf of grieving families; and, if you have questions about filing a wrongful death claim, we invite you to schedule a free, no-obligation consultation.

Who Can File a Wrongful Death Claim in Georgia?

One of the most common questions we receive from family members following fatal accidents is, “Who can file a wrongful death claim in Georgia?” The short answer is, “It depends.”

Under Georgia law, the family members who are eligible to file a wrongful death claim vary depending on the victim’s family circumstances at the time of his or her death. The law provides that:

• If the victim has a surviving spouse, then the spouse is entitled to file a wrongful death claim. If the spouse chooses not to file, then the victim’s children can file instead.

• If the victim is unmarried, then his or her children can file a wrongful death claim. If the victim left behind neither a spouse or children, then the victim’s parents are eligible to file.

• If the victim does not have a surviving spouse, children or parents, then a claim can be filed on behalf of the victim’s estate. In this scenario, the victim’s personal representative is the one tasked with taking legal action.

Importantly, in many cases, the victim’s personal representative will be able to file an “estate claim” alongside the family’s wrongful death claim. This is a claim for additional compensation based on losses the victim suffered prior to death (i.e., emotional trauma and physical pain). When you contact us for a free initial consultation, Augusta wrongful death lawyer Keith B. Johnson will fully assess your family’s legal rights and explain step-by-step what you need to do going forward.

How Do You Prove Liability for a Wrongful Death?

As with personal injury claims, filing a successful wrongful death claim requires proof of liability. In other words, to recover just compensation for your loved one’s untimely death, you need to be able to prove that someone else (or a company) is responsible.

So, how do you prove liability for a wrongful death? Ultimately, the answer to this question depends on the circumstances involved. Conducting a prompt investigation is key, but investigating a fatal car accident is very different from investigating a case of nursing home neglect or medical malpractice. As a result, in addition to choosing a lawyer who handles wrongful death claims, it is also important to choose a lawyer who handles the specific type of claim you and your family have as well.

Once you hire a lawyer to represent you and your family, your lawyer will take all of the steps necessary to identify the at-fault party and prove liability. Along with conducting an on-scene investigation (if relevant), this may involve working with the police, subpoenaing phone or business records, and taking various other steps. An experienced lawyer will know exactly what needs to be done, and will be able to work quickly to establish your family’s claim for damages.

What Are Your Next Steps?

Given everything we’ve discussed, what are your next steps? If you need to know more about filing a wrongful death claim, your next step is to speak with a lawyer who can help you. It costs nothing to learn about your family’s legal rights; and, if your family has a wrongful death claim, you can hire a lawyer at no out-of-pocket cost. Here is some more information about hiring our law firm to pursue a wrongful death claim in Georgia:

Free, No-Obligation Consultation 

Your initial consultation is 100% free and without obligation. This is your chance to get to know Keith and find out if your family has a claim.

Contingency-Fee Representation 

If your family has a wrongful death claim, we will pursue your claim on a contingency-fee basis. This means you pay nothing out of pocket, and you pay nothing at all unless we win.

One-on-One Advice and Representation 

When you choose our firm for your family’s wrongful death claim, you will work with Keith one-on-one throughout the process. He will keep you updated throughout the process, and he will help you make informed decisions when necessary.