Marietta Wrongful Death Attorney

When someone dies because of another person’s mistake or a bad accident, it’s called a wrongful death. These can happen because of car crashes, medical errors, or even falls. The family left behind not only suffers from sadness but often from the loss of money the person used to bring home. Georgia law, under the Official Code of Georgia Annotated (O.C.G.A.) § 51-4-2, allows certain family members, like spouses or kids, to get money for their loss.

Wrongful death claims can help families get compensation for things like funeral costs, lost wages, and the pain of losing a loved one. Georgia rules (O.C.G.A. § 51-4-5) say there’s a time limit, usually two years, to start these claims. It’s really important to act fast to make sure you don’t lose your chance for this help.

If you’re facing this tough situation, Wetherington Law Firm is here to stand by you. We know the laws and can fight to make sure you receive what’s fair. You’re not alone in this – let’s seek justice together. Give us a call and we’ll take it from there, with a caring team that knows just what to do.

Understanding Wrongful Death Claims in Marietta, Georgia

In Marietta, Georgia, a wrongful death claim arises when an individual dies as a result of the negligent, reckless, intentional, or criminal acts of another person or entity. Such claims are intended to provide financial compensation to the deceased’s survivors for the loss of the loved one’s life and the income, benefits, and companionship they provided.

Under the Official Code of Georgia Annotated (O.C.G.A.) § 51-4-1, a wrongful death is defined as a death “caused by the wrongful act or omission of another.” These cases can stem from various situations such as vehicle accidents, medical malpractice, occupational hazards, criminal actions, and more.

It is the right of the immediate family members – typically starting with the spouse, children, or the deceased’s parents – to seek compensation. The damages claimed may include the “full value of the life” of the deceased, which encompasses both the economic and non-economic contributions they would have made if they had lived.

Common Causes of Wrongful Deaths and Your Rights

Wrongful deaths can occur under various circumstances, but some common causes include car accidents, due to reckless or drunk driving; medical malpractice, when healthcare providers fail in their duty of care; workplace accidents, particularly in high-risk industries; and defective products, where manufacturers may be held liable. Others involve slip and fall accidents, exposure to hazardous substances, or criminal acts leading to a fatality.

For those impacted by such tragedies in Marietta, Georgia, the law offers a pathway to seek justice and compensation. According to O.C.G.A. § 51-4-2, the surviving spouse, and, in some cases, children or parents of the deceased, hold the right to file a claim. These laws are designed to help mitigate the financial and emotional losses suffered as a result of the wrongful death.

As a victim, you’re entitled to pursue damages for lost wages and benefits, medical and funeral expenses, and the loss of companionship and care. In Marietta, exercising these rights within the statute of limitations—generally two years from the date of death—is critical. Educating yourself on these rights and taking prompt action can solidify your standing in seeking rightful compensation.

How Georgia Law O.C.G.A. § 51-4-2 Affects Your Claim

Georgia Law O.C.G.A. § 51-4-2 is a crucial piece of legislation that outlines who may bring a wrongful death claim in the state and what kind of compensation the survivors might be entitled to. Specifically, it impacts a wrongful death claim in the following ways:

1. Determining the Rightful Claimant: O.C.G.A. § 51-4-2 states that the surviving spouse of the deceased has the primary right to file a wrongful death claim. If there is no spouse, the children can file the claim. And if there are no children, the deceased person’s parents or the representative of the estate may pursue the claim.
2. Allocation of Compensation: The law also governs how any compensation is distributed among family members. If a surviving spouse is filing, they must share the compensation with the deceased’s children, but the spouse is guaranteed at least one-third of the recovery, no matter how many children there are.
3. Scope of Recovery: It also defines the scope of recovery as “the full value of the life of the decedent,” measured from the perspective of the deceased. This considers both the economic contributions the deceased might have made (such as future earnings and benefits) as well as the intangible elements like care, companionship, and other elements of the relationship lost by the survivors.

Statute of Limitations: Timing Your Wrongful Death Claim

The “statute of limitations” is a law that sets the maximum time after an event within which legal proceedings may be initiated. In the context of wrongful death claims in Georgia, the statute of limitations is a critical factor that impacts your ability to seek justice and compensation.

In Georgia, the statute of limitations for wrongful death claims is generally two years from the date of the deceased person’s death, as detailed in O.C.G.A. § 9-3-33. This means families have a two-year window to file a lawsuit in court following a wrongful death. If the lawsuit is not filed within this time frame, the opportunity to hold the responsible party accountable and obtain compensation may be lost.

There are, however, certain exceptions to this rule that may extend or toll the statute of limitations. For example, if the wrongful death resulted from a crime, the time may be paused until the criminal case is resolved. It’s also different if the estate of the deceased has not yet been probated, or if the beneficiaries are minors or legally incompetent.

Potential Compensation in a Wrongful Death Case

In wrongful death cases, the compensation—also referred to as “damages”—that the survivors may receive is intended to cover the full value of the life of the deceased, as well as other losses related to the death. In Georgia, this includes two main categories of damages:

Economic Damages:

1. Lost Wages and Benefits: This includes the present value of the income the deceased would likely have earned if they had lived, which considers their age, health, life expectancy, occupation, and salary at the time of death.
2. Medical Expenses: These are the costs associated with the final illness or injury of the deceased, from the time of the wrongful act until the death.
3. Funeral and Burial Costs: Reasonable expenses related to funeral services and burial or cremation can be covered.
4. Loss of Inheritance: The loss of what the deceased would have saved and left to survivors as an inheritance can be considered.

Non-Economic Damages:

5. Loss of Companionship and Care: This covers the intangible value of the companionship, emotional support, care, and counsel the deceased provided to family members.
6. Loss of Parental Guidance: For children of the deceased, compensation can be sought for the loss of nurture, guidance, and education that would have been provided by the deceased parent.
7. Pain and Suffering of the Deceased: In some cases, when the deceased did not die immediately, compensation for their pain and suffering prior to death can be included.

What qualifies as a wrongful death in Marietta, Georgia?

In Marietta, Georgia, as in the rest of the state, a wrongful death is defined as a death that is caused by the negligent, reckless, intentional, or criminal acts of another person or entity. To qualify as a wrongful death under Georgia law, it typically must meet the following criteria:

1. Negligence: The death was caused by the careless, reckless, or negligent actions of another party. For example, a driver who is texting while driving and causes a fatal accident could be considered negligent.
2. Breach of Duty: It needs to be shown that the defendant owed a duty to the victim. For instance, a doctor has a duty to provide competent medical care to patients. If a doctor fails to diagnose a treatable disease, and the patient dies as a result, it could be a case of wrongful death.
3. Causation: There must be a direct link between the defendant’s conduct and the death. In other words, it must be shown that the death would not have occurred but for the defendant’s wrongful action or inaction.
4. Damages: The death must result in damages such as medical and funeral expenses, loss of the deceased’s expected earnings, loss of benefits (like pension or retirement savings), and non-economic damages like loss of companionship for survivors.

The types of wrongful death cases can arise from a variety of circumstances, including but not limited to:

• Vehicle and traffic accidents
• Medical malpractice
• Product liability
• Workplace accidents
• Premises liability, such as slip and fall accidents
• Criminal actions, including violence
• Exposure to hazardous conditions or substances

If a person dies under such circumstances, the deceased’s family or estate representatives typically have the right to file a wrongful death lawsuit against the responsible party. Due to the complexities of such cases, it’s often advisable for those considering a wrongful death claim to consult with an attorney who specializes in this area of law to ensure that their rights are protected and to help them navigate the legal system.

Who can file a wrongful death claim in Georgia?

In the state of Georgia, the right to file a wrongful death claim is specified by O.C.G.A. § 51-4-2. Here’s a hierarchy of who may bring forth such a claim:

1. Spouse: The surviving spouse of the deceased has the first right to file a wrongful death claim. If the deceased is survived by both a spouse and children, the spouse has the right to bring the action but must share the recovered damages with the children. Importantly, the spouse cannot receive less than one-third of the total recovery, no matter how many children there are.
2. Children: If there is no surviving spouse, the deceased person’s children can file the wrongful death claim. If the children are minors, a guardian may need to bring the claim forward on their behalf.
3. Parents: In the absence of a surviving spouse or children, the parents of the deceased can file the claim.
4. Estate Representative: If there is no surviving spouse, children, or parents, the executor or administrator of the deceased person’s estate may bring the wrongful death action. Any damages recovered in this instance would be held by the estate for the benefit of the next of kin.

How do you prove liability in a wrongful death case?

Proving liability in a wrongful death case typically requires showing that the death was caused by the negligent, reckless, intentional, or criminal actions of another party. The process essentially involves establishing certain legal elements, which include:

1. Duty of Care: Establish that the defendant owed a duty of care to the deceased. This means that there was a legal obligation to act with a certain level of care to avoid harming others. For instance, all drivers have a duty to follow traffic laws and drive responsibly.
2. Breach of Duty: Demonstrate that the defendant breached this duty through actions or omissions. This involves proving that the defendant failed to meet the expected standard of care, such as a doctor who neglects to follow standard medical procedures during treatment.
3. Causation: Prove that the breach of duty directly caused the wrongful death. There must be a clear causal link between the defendant’s actions (or lack thereof) and the victim’s death. This means showing that the death would not have occurred if the defendant had acted appropriately.
4. Damages: Evidence must be presented that indicates the death led to specific damages. In wrongful death cases, this often includes medical and funeral expenses, lost wages and benefits the deceased would have earned, loss of companionship and support for survivors, and other measurable losses relating to the death.

Types of Evidence in Wrongful Death Cases:

• Witness Testimony: Statements from individuals who witnessed the events leading to the death or who have relevant information about the case.
• Expert Testimony: Testimony from medical experts, accident reconstruction experts, financial experts, etc., who can provide professional opinions on how the death occurred, the impact of the death on the family’s finances, and other aspects of the case.
• Medical Records and Autopsy Reports: These can help establish the cause of death and link the defendant’s actions to the fatality.
• Physical Evidence: Items such as photographs, videos, or physical artifacts from the scene of the incident or the deceased person’s injuries.
• Police Reports and Criminal Records: Reporting from law enforcement can help establish the facts of the case and whether any criminal activity was involved.
• Employment and Financial Records: To demonstrate the economic loss, evidence of the deceased’s past earnings, employment history, and future earning potential may be used.

In wrongful death cases, it is usually the plaintiff’s responsibility to prove liability by a “preponderance of the evidence,” which means showing that it is more likely than not that the defendant’s actions caused the death.

Given the complexity and the evidentiary standards required, wrongful death claims can be challenging to navigate. Families seeking justice for a loved one often benefit from the guidance of an attorney experienced in wrongful death litigation, who can help gather evidence, manage legal hurdles, and articulate a strong case on their behalf. Give us a call today!