Augusta, Georgia Wrongful Death Lawyer

Certain people in the state of Georgia are qualified to submit a wrongful death claim on behalf of a deceased person. Among them are:

Eligible Parties:

• The surviving spouse of the deceased
• The children and stepchildren of the deceased
• A designated state representative (if the deceased has no surviving spouse or children)
• The parents of the deceased (if the deceased has no spouse or children)  

It's important to note that in Georgia, siblings of the deceased may also be permitted to file a wrongful death claim in certain circumstances.

At Accident Assistance Now, we understand the complexities involved in wrongful death cases. Our role is to connect you with reputable lawyers who specialize in handling such cases specific to your needs in the Augusta, Georgia area. We are not a law firm ourselves, but rather a service that facilitates access to legal professionals equipped to navigate the intricate details of your unique situation.

Establishing Liability in Wrongful Death Cases

Liability establishment is the first step in wrongful death lawsuits. It entails demonstrating that someone else's carelessness or deliberate action resulted in the death of the victim. Typically, this procedure calls for proving four essential components:

• Duty of Care: proving that the deceased had a duty of care due to the defendant. For instance, it is the duty of all drivers to follow traffic regulations and drive defensively in order to protect other road users.
• Breach of Duty: demonstrating that the defendant's wrongdoing or negligence caused a breach of this obligation. An illustration might be a motorist who runs a red light and causes a catastrophic collision.
• Causation: connecting the tragic killing with the duty violation directly. This entails demonstrating that the defendant's deed or inaction directly caused the deceased's death.
• Damages: proving that the death caused measurable losses, including the cost of the deceased's burial and medical care, their loss of support and income, and their agony prior to passing away.

Negotiation with Insurance Companies

In most cases, negotiation with insurance companies comes next after demonstrating liability. The goal of this procedure is to get a just settlement that compensates the grieving family for their losses. It consists of:

• Claim Submission: submitting a thorough claim to the insurance provider that includes the proof of liability and the total amount of losses suffered.
• Settlement Offers: obtaining and assessing settlement proposals from the insurance provider. It is critical to determine if these offers sufficiently make up for the losses.
• Negotiation: if required, negotiating a settlement increase with the insurance company. This could entail providing more proof or making legal arguments in support of a larger payout.
• Legal Representation: To effectively manage the complexities of insurance rules and negotiations, it is necessary to have skilled legal representation throughout this point of the process.

Filing a Wrongful Death Lawsuit

The next course of action could be to launch a wrongful death case if discussions with the insurance company do not produce a satisfactory settlement. Through the legal system, this action aims to gain recompense and justice. The procedure entails:

• Filing a Complaint: Start the legal process by submitting a formal document, known as a complaint, to the court outlining the specifics of your claim against the defendant.
• Discovery: During the discovery process, which may involve interrogatories, document requests, and depositions, both sides exchange information.
• Trial: The matter will go to trial if pre-trial talks fail to reach a settlement. Both sides submit facts and arguments during the trial, and the judge or jury decides who is liable and how much money is damaged.
• Time Limits: The statute of limitations, which establishes a deadline for bringing a wrongful death claim, is something you should be aware of. In Georgia, wrongful death lawsuits have a two-year statute of limitations from the date of the decedent's passing.

We at Accident Help Now put you in touch with a dedicated wrongful death lawyer in Augusta that focuses on your particular needs. We can assist you in receiving the best counsel to present a compelling case and pursue compensation for the untimely death of a loved one.

States differ in what exactly constitutes a wrongful death action. Nevertheless, any death brought about by the unlawful, deliberate, careless, or irresponsible behavior of another person or organization is referred to as a wrongful death in Augusta, Georgia. An "entity" could be a business, hospital, or workplace.

Negligence is the first thing that has to be demonstrated. This indicates that the defendant had a responsibility to ensure the deceased person's security and well-being. Injury and death may happen if reasonable precautions were not taken to prevent danger and harm. A case is deemed to be wrongful death if the victim's death was caused by negligence.

Many families find themselves at a loss for what to do in the wake of such a tragedy. Because the magnitude of such a claim would be beyond their ability to completely appreciate, especially during this emotional period, they are unsure of how to file a claim.

But it is important to keep in mind that wrongful death claims are comparable to personal injury claims. Had the departed lived through the experience, they would have demanded payment for their losses. The filing of the claim would have guaranteed that those who caused the accident would be held legally responsible and compensated for their damages. The concept is the same in a wrongful death lawsuit, but the grieving family will be the ones receiving payment for their departed loved one.

Accidents that result in fatalities happen frequently, and they happen in Augusta just like they do everywhere else. Nevertheless, regardless of the reason for the wrongful death, you should get in touch with tragedy Assistance Now so that we can put you in touch with local wrongful death attorneys that focus on wrongful death cases and help you file a lawsuit right away if the tragedy could have been prevented.

Regrettably, automobile crashes rank among the leading causes of untimely mortality, with careless, intoxicated, and distracted drivers being the most frequent offenders. In addition, the cars themselves could contain defects that result in an accident and wrongful death, much like many other bad items.

The poor functioning of establishments such as nursing homes and hospitals might result in a plethora of additional accidents. For instance, when elders require even more delicate care to live comfortably, nursing home staff may be cruel and destructive if correct hiring and screening procedures are not followed. In a hospital, a medical professional who is inexperienced, fatigued, or thoughtless could make any of a number of mistakes that could result in a range of mishaps, many of which could be fatal.

If you fall into any of these categories, get in touch with Accident Assistance Right Away, and we will put you in touch with attorneys in Augusta, Georgia who can offer you advice on your wrongful death case.

When discussing wrongful death cases, it's important to understand the following terms:

Decedent: The victim
Tortfeasor: The defendant(s)

At Accident Assistance Now, we connect you with lawyers who specialize in your specific needs, including wrongful death cases. We are not a law firm, but rather a service that helps you find the right legal representation for your situation.

You have the right to seek compensation for the wrongful death of a family member if the circumstances that resulted in the death of your loved one fall into one of the following categories:

Negligence

Negligent accidents are those that could have been avoided if someone had exercised their reasonable duty, responsibility, or actions. In Augusta, negligence can lead to wrongful death cases in various situations, such as:

• Car accidents caused by distracted, impaired, or reckless driving

• Medical malpractice resulting in fatal complications
• Workplace accidents due to safety violations or lack of proper training

Intentional Acts

This category applies if the actions causing the death were criminal or violent. In such cases, the tortfeasor is aware that their actions are dangerous, yet they proceed. These cases may involve:

• Homicide or manslaughter
• Assault leading to fatal injuries
• Intentional infliction of harm resulting in death

It's important to note that in cases involving intentional acts, the state may pursue criminal charges separately from the wrongful death civil case.

If you have lost a loved one due to someone else's negligence or intentional actions, Accident Assistance Now can help you find the right Augusta, Ga Wrongful death lawyer to seek justice and compensation for your loss.  

When a loved one's life is tragically cut short due to someone else's negligence, the emotional toll can be overwhelming. In the midst of grief, you may feel pressured to quickly accept a settlement offer from the insurance company. However, it's crucial to exercise caution and seek guidance before making any decisions.

We at Accident Assistance Now are aware that insurance companies are for-profit enterprises. They will probably make a modest settlement offer to reduce their financial obligation even if their policyholder is to blame for your loved one's premature death.

Even though money cannot really make up for the severe loss you have experienced, receiving fair and just compensation can help you feel at ease and assist you through this trying time. For this reason, we heartily advise speaking with knowledgeable attorneys in the Augusta, Georgia region who focus on wrongful death claims.

It is crucial to remember that in the past, it was not always feasible in the US to pursue compensation for a wrongful death. The ancient legislation, which was derived from England, stipulated that a person's right to damages ceased when they passed away. This meant that the individual had to survive in order to be eligible for damages. Prior to the wrongful death act, which altered the legislation in Georgia and the rest of the nation, there was no legitimate basis for pursuing compensation.

Georgia modified its antiquated laws to a more contemporary one approximately a century ago, following the lead of other states. There have been some notable modifications to Georgia's Wrongful Death Act since it was first enacted. The five parts of code it contains are as follows:

• O.C.G.A. § 51-4-1: Covers definitions

• O.C.G.A. § 51-4-2: Homicide of parent(s) or spouse; survival action
• O.C.G.A. § 51-4-4: Death of a child
• O.C.G.A. § 51-4-5: Recovery by executor or administrator of the deceased
• O.C.G.A. § 19-7-1: Recovery for the death of a child; parental power

Georgia law specifies the allocation of wrongful death benefits among surviving family members. O.C.G.A. Section 51-4-2(d)(1) mandates that the surviving husband and children get an equal share of the wrongful death settlement. Regardless of the number of children, the husband will always receive at least one-third of the recovery.

As stipulated by Georgia law in the event that the victim passed away without a will, or in accordance with the conditions of the deceased's Will, claims against the estate are allocated.

These broad guidelines do have some exclusions according to Georgia law. More specific information regarding filing a wrongful death claim in Augusta, Georgia and receiving its proceeds can be found in our Wrongful Death Law FAQ. Please contact us at Accident Assistance Now with any queries you may have. We will put you in touch with wrongful death lawyers who focus on your particular needs.

The definition of wrongful death compensation is "the whole value of the decedent's life," according to Georgia law O.C.G.A. § 51-4-2(a). A life has an incalculable value, and no amount of money can ever fully capture that worth. Nonetheless, "full value" is defined by Georgian court rulings in two ways: first, as the economic loss, and second, as the non-economic damages.

The money the person would have made in a normal lifetime if their life had not been cut short is included in their economic losses. The worth of services (such cooking or housekeeping) that the victim would have given to family members if they had lived a normal lifespan is also included in the economic losses.

It is considerably more difficult to attempt to quantify the non-economic loss. The calculation of non-economic losses lacks a formula. Jurors in Georgia are instructed by their judges to calculate non-economic damages by considering the victim's loss of life expectancy. What is meant by that? There are many who adore fishing and camping. Every night, some people set aside time to observe the sunset. Those who are married like seeing their kids and grandkids grow up. Kids get to play outside. Kids get to play with their pals.

Teens begin going on dates. A life is worth its worth because of all these gifts. And at Accident Assistance Now, we work to put our clients in touch with attorneys who may pursue just compensation when these priceless assets are taken from them.

Although it can be difficult to value the things in life, the attorneys we put our clients in touch with make every effort. To resurrect the victim in the eyes of the jurors, they gather proof. We anticipate that Georgia jurors would provide surviving family members favorable recompense after they have a clear understanding of the victim's losses.

Even though money cannot bring back the loss of a loved one, Accident Assistance Now may put you in touch with wrongful death attorneys who will put in endless effort to support you in pursuing any damages to which your family may be entitled, including:

Potential Damages

• Lost wages
• Loss of retirement benefits
• Life insurance settlements
• Medical bills
• Changed quality of life
• Debt
• Loss of parental companionship, guidance, and instruction
• Pain and suffering
• Punitive damages
• Burial expenses

We understand that you cannot place a monetary value on human life, and those seeking our assistance desire justice and closure for their loved ones above financial damages. However, we also recognize the peace of mind that can come from holding the responsible party accountable and obtaining fair compensation. The lawyers we connect you with work diligently to secure the results needed to help families move forward after such a tragic loss.