Georgia Wrongful Death Attorney
Losing a loved one is a tragic event. Losing a loved one when someone else is at fault can make it even more heart-wrenching.
When someone’s death is the result of someone else’s inaction, malpractice or just plain negligence, the victim’s family can file a wrongful death lawsuit against the party at fault. Jonah Flynn is an experienced Georgia wrongful death lawyer who represents families in Savannah, Columbus, Atlanta, and other parts of the state who have lost a loved one because of the negligence or carelessness of someone else.
Though nothing can bring loved ones back, holding the negligent party accountable can provide some sense of comfort and justice.
There are a multiple situations in which a wrongful death can occur. If a party or person acts recklessly, negligently, with a complete disregard for another’s safety, or with intent to kill or harm, and an individual dies as a result, the death may be deemed wrongful.
Legally, it is then possible to hold the liable party accountable.
Motor Vehicle Accidents
According to the National Highway Traffic Safety Administration, there were more than 42,000 traffic fatalities in the United States in 2006. Drivers must stay alert and exercise caution while operating motor vehicles, follow area road rules, drive safely according to the weather conditions, and pay attention to other motorists and pedestrians.
If a loved one gets killed in an automobile tragedy, you may be able to file a wrongful death lawsuit. An experienced attorney can help ensure that your rights are protected.
If medical personnel fail to perform care that fits a certain standard, and this lapse results in a person’s injury or death, then the liable party can be held accountable in court. Medical malpractice causes a significant number of wrongful deaths in this country each year. According to statistics obtained by the U.S. Department of Justice, more than 90 percent of all medical malpractice lawsuits involve a plaintiff who says the defendant caused a death or permanent and/or debilitating injury.
Under product liability law, manufacturers, distributors, and product designers are obligated to produce products that are safe for the public. Sometimes, however, product designers and distributors don’t test their products efficiently. If a product has a design, a manufacturing, or a marketing defect and a person is killed in the aftermath, it is possible to hold the liable party accountable – even in a case where they may have not acted negligently.
Dangerous workplace environments can submit employees to serious risks. Accidents such as falls, explosions, burns, and equipment accidents cause numerous deaths every year at work sites such as construction zones, manufacturing plants, and mining operations. If an employee is killed at work as a result of an employer’s negligence or disregard for safety, a wrongful death lawsuit can be filed. Employers have a legal obligation to meet OSHA standards, provide a safe working environment, and to take reasonable measures to protect their employees.
A wrongful death lawsuit claims that a plaintiff was killed because of the negligence of the person or organization being sued, and that the victim’s survivors are entitled to compensation as a result.
While most state’s wrongful death statutes can vary, they all follow the same basic rules. A wrongful death claim usually has four basic elements: (1) the death was brought about, solely or partially, by the defendant; (2) the accused was negligent or liable for the victim’s death; (3) there are surviving beneficiaries or dependents; and (4) monetary damages have evolved from the victim’s death.
There are legal statutes that define what the compensation should reflect, when a wrongful death has been determined, and these vary from state to state. The following considers definitions of compensation which are often used:
Definitions of Compensation:
- Replacement of financial support lost to survivors due to premature death
- A dollar measure of all support lost to survivors including financial support, household and childcare services, companionship, parental guidance, moral support, love, etc.
- A dollar measure of the value of a (statistical or unidentified) human life to the individual at risk, which includes financial and non-financial factors as well as concerns of the individual regarding the potential effect of his or her death on survivors.
Georgia has one of the most victim-friendly wrongful death statutes, and provides for recovery for the full value of the life of the deceased, from the perspective of the decedent. This includes both economic and non-economic damages, and is determined by the enlightened conscience of a fair jury. Unlike other jurisdictions, there is no formula applied in a Georgia wrongful death action when determining how much the deceased’s life was worth.
Every state has a limit on the amount of time a person has to file a wrongful death lawsuit in court. The length of time can vary, from one year to as long as three years. In Georgia, the general rule is two years, with some very limited exceptions. If you do not file your wrongful death action on time, you will be barred from filing it all together.