When a loved one passes, it can be an emotional, traumatic event. This is only made worse when the death occurs due to the negligence or recklessness of another party, causing severe distress and financial difficulty to a family. A broad range of damages is usually involved in these deaths, ranging from medical and funeral expenses, loss of companionship and support, loss of income or services, and punitive damages. If this has happened to you and your family, you are entitled to compensation for the wrongful death, and we can help you fight for it.
Contact Our Wrongful Death Lawyers at The Law Offices Of Matthew C. Hines in Gainesville
Our team at The Law Offices of Matthew C. Hines has helped the surviving family members of wrongful death victims in Gainesville obtain the compensation they deserve over several years. We are committed to using our experience to protect your interests and take on insurance companies that aim to minimize their liability or outright deny damage claims.
We are able to assist you by:
- Investigating and estimating the value of the claim,
- Negotiating with stubborn insurance companies,
- Determining the appropriate defendants,
- Consulting our network of experts in related fields, and
- Engaging in clear and consistent communication with you.
The process of pursuing a wrongful death claim can be long and difficult, but with the help of our legal team, you can focus on getting your life back and leave the challenging parts to us. Ensure you get the best wrongful death lawyers in Gainesville, GA by contacting us today for a free consultation.
Understanding the Wrongful Death Claims Process
Under the Georgia Wrongful Death Act, a wrongful death is legally defined as “all cases in which the death of a human being results from a crime, from criminal or other negligence, or from property which has been defectively manufactured, whether or not as the result of negligence.” Typical cases involve car accidents, mishandled medical procedures, or work-related accidents, however, any death that falls under the legal definition is considered a wrongful death by the court.
Who Can File a Wrongful Death Claim in Gainesville?
A claim can be brought forth by a few specific surviving family members, in this order:
- the deceased’s surviving spouse,
- if there is no surviving spouse, the deceased’s surviving child or children,
- if no spouse or children survive, the deceased’s parent or parents, or
- if no spouse, children, or parents survive, the administrator or executor of the deceased person’s estate.
It is vital to note that no other family members are eligible to file a claim under Georgia law, and the statute for limitations for filing is two years after the death. This limit may differ in certain circumstances, such as claims against government agencies or claims with a related criminal case (e.g. in the case of a death caused by violent crime). In order to ascertain the deadline relating to your specific case, you can seek the advice of our trusted wrongful death lawyers.
What Damages Can Be Claimed?
Typically, most cases are resolved through negotiated settlements before trial. However, if your case does go to trial, you can rest assured that we will be able to meticulously craft a case that includes critical elements to strengthen your lawsuit.
In Georgia, there are two types of wrongful death claims, and the benefits awarded differ. The first and more common type is the claim brought forth by surviving family members. The aim of the benefits from this claim is to compensate for the “full value of life” of the deceased. These account for both tangible and intangible losses, such as:
- Tangible losses: Lost wages and benefits (e.g retirement, pension) the deceased person may have earned if they had lived
- Intangible losses: Mental pain and suffering, loss of guidance and instruction for children, loss of companionship, protection, support, care, or other services family members would have otherwise received from the deceased person
The second type is the claim brought by (or on behalf of) the deceased’s estate, known as an estate claim or a survival action. The aim of these benefits is to make up for the pain and suffering of the deceased and financial losses related to the death, awarded to the estate instead of directly to family members. They include compensation for:
- Medical bills for treatment of the deceased’s past injuries or illnesses leading to the death
- Funeral and burial costs
- Pain and suffering the deceased endured while they were still alive
Types of Wrongful Death Cases We Handle
When it comes time to file a wrongful death claim, you might be unsure if your specific case falls under the definition. The types of wrongful death cases we can handle for you include:
- Car accident deaths
- Truck accident deaths
- Pedestrian and motorcycle accident deaths
- Medical malpractice deaths
- Defective product deaths
- Workplace deaths
- Deaths from intentional actions (e.g. acts of crime)
Get the Assistance of Experienced Gainesville, GA Wrongful Death Lawyers
If you and your family have suffered the untimely death of a loved one due to the negligence or recklessness of another party, you are owed justice. At The Law Offices Of Matthew C. Hines, we can help you file a successful wrongful death claim and allow you to devote your full energy to recovery. Call us at 770-824-9998 or contact us online today for a free consultation.