What Are the Elements of a Wrongful Death Lawsuit in Georgia?
In Georgia, the Loved Ones of Fatal Accident Victims Deserve Compensation
When a loved one dies, the last thing on many people's minds is money.
But the reality is that with the loss of their contributions, love, and support, a family will soon suffer financial hardship after death. Wrongful death compensation is available, but you must fight for it. The Law Office of George S. Johnson has a reputation for handling complex and fatal cases. We are relentless about pursuing answers, justice, and compensation while you focus on healing and rebuilding after such a large tragedy.
In Georgia, wrongful death may be due to homicide (which includes murder and manslaughter), negligence, or manufacturing defect. Negligence is often a factor in wrongful deaths. That means the at-fault party failed to exercise "reasonable care." Wrongful death lawsuits may arise out of circumstances like:
- Medical malpractice.
- Car accidents.
- Semi-truck accidents.
- Workplace exposure to hazardous conditions and substances.
- Criminal violence or other illegal behavior caused by negligent security.
- Death during a supervised activity.
- Motorcycle wrecks.
If you have a loved one who died in a Georgia accident or incident caused by negligence, contact The Law Office of George S. Johnson, LLC in Decatur for a free case consultation. Our law firm builds strong cases for maximum wrongful death compensation.
Elements of a winning wrongful death lawsuit
Not every death leads to a wrongful death lawsuit or survival action. A successful wrongful death lawsuit must include a handful of established elements. These are:
- Someone has died.
- The death was caused by another person's negligence or willful intent to cause harm. Georgia applies the standard of "modified comparative negligence" to wrongful death cases. This means that your settlement or verdict will be reduced by the percentage of fault the victim contributed to the lethal accident. If, for example, you won a $1 million wrongful death settlement in which the victim's actions or inactions contributed 10 percent to their death, then your compensation will be reduced by 10 percent. The $1 million settlement would be cut by 10 percent to $900,000.
- Surviving family members are suffering financial loss because of the death. You may be compensated for pecuniary damages such as loss of support, replacement service, lost prospect of inheritance, loss of parental guidance, loss of financial contribution to household, as well as medical and funeral expenses. In rare egregious situations, you may be awarded punitive damages, too.
- The person taking action is qualified to do so. Under the Georgia Wrongful Death Act, the surviving spouse, surviving children, and surviving parents of the deceased can file a claim. If there is no surviving spouse, parent, or child, the executor of the estate can file the claim for the benefit of the next of kin.
Take strong legal action. Contact us today.
When insurance companies try to take advantage of grieving families, The Law Office of George S. Johnson fights back. We know how to build strong cases that seek accountability for fatal accident victims and get surviving families results. We show the "full value" of your loved one's life and build a case for the full compensation and closure your family deserves.
Georgia wrongful death attorney George S. Johnson has more than 20 years of trial experience. Our Greater Atlanta Area personal injury firm has a strong track record of successful wrongful death actions. While past awards are no guarantee of a future outcome, our results include a $900,000 settlement due to a fatal physician's error and $325,000 for abuse and wrongful neglect at a nursing home and hospital.
Find out how The Law Office of George S. Johnson, LLC can help you. Contact us today for a free and confidential case evaluation. Our office is located in Decatur and we're proud to serve clients throughout Atlanta and all of Georgia. If you can't come to us, we can go to you. Contact us today.