Wrongful Death Attorney in Athens

If you’ve found yourself in the heartbreaking position of mourning a family member’s untimely death in Athens, Georgia, a complex legal case is most likely the last thing you want to think about right now. But while a wrongful death lawsuit won’t undo your loss, it can help in other ways.

For one, a wrongful death suit can make sure the person responsible for your loved one’s death is held accountable. The compensation from a wrongful death suit may be vital to making sure your family’s future is secure.

Many families actually get a sense of comfort from turning their departed loved one’s case over to a wrongful death attorney who can handle the practical matter of seeking justice for the deceased and fair compensation for those left behind.

If your loved one was the victim of someone else’s negligence, the Athens wrongful death attorneys at R. Alan Cleveland, LLC can help. Our compassionate, knowledgeable team of wrongful death lawyers will be there for you at every step of your case, and we’ll fight to hold the negligent party responsible for their actions.

To speak with our staff, call us today or visit us online for a free consultation.

Is There a Statute of Limitations in Georgia on Wrongful Death Claims?

Typically, the time limit to file a wrongful death claim in Georgia is two years. However, the statute of limitations can vary depending on the specific circumstances of the case.

If an agency of the government is involved, the statute of limitations for notice may be as short as six months. On the other hand, a criminal case related to the civil wrongful death claim can suspend the statute of limitations until the criminal case is resolved, giving you much more time to file.

Your best bet, though, is to speak with one of the best Athens wrongful death attorneys as soon as possible to make sure you don’t miss the filing deadline.

Who Can Make A Wrongful Death Claim in Athens?

A surviving spouse or child is generally the person who would file a wrongful death claim. A surviving spouse who successfully proves a wrongful death claim must share whatever they recover with any surviving minor children of the deceased.

If the deceased is a minor, their parents may bring a wrongful death suit on their child’s behalf. In the event that there’s no surviving spouse, child, or parent of the deceased, the estate may bring a wrongful death claim in Athens.

What Do You Have to Prove in a Wrongful Death Claim?

In Georgia, a wrongful death is defined as a death resulting from the negligence, recklessness, or criminal actions of another person or entity (for example, a business). It does not matter whether the person or entity acted intentionally or not.

Typically, wrongful death claims involve proving some type of negligence. In legal terms, proving negligence means showing that the other party owed a duty of care to the victim, that they failed in that duty of care, and that their actions led to the victim’s death.

Because the victim in a wrongful death suit cannot speak on their own behalf, proving negligence means relying on other kinds of evidence. This can involve police records, surveillance records, expert testimony, interviewing witnesses, and so on. A skilled wrongful death lawyer will use the investigative resources at their disposal to help document and prove your case.

What Compensation Is Available in Wrongful Death Claims?

There are two different kinds of claims surviving family members can make in the event of a wrongful death. A standard wrongful death claim awards damages for the “full value” of the life of the deceased, which is broken down further into the tangible and intangible value of their life.

The tangible value includes things like lost wages and other damages with a quantifiable monetary value. The intangible value is based on things like lost companionship and support, pain and suffering, etc.

In addition to a wrongful death claim, surviving family members can also file what’s known as an estate claim. An estate claim is meant to help the surviving family make up for some of the financial losses stemming from their family member’s untimely passing. Some of the losses you can recover in an estate claim include medical expenses related to the deceased’s final illness or injury, funeral and burial expenses, and pain and suffering endured by the deceased just prior to their death. An Athens wrongful death lawyer can help guide you.

What Are the Most Common Types of Wrongful Death Claims?

There are many ways in which someone’s negligence or recklessness can lead to a wrongful death. Here are some of the most common types of wrongful death claims:

• Medical malpractice – Wrong-site surgeries, prescription errors, poor post-operative care, and other forms of medical malpractice can lead to a wrongful death, though proving the case can be tricky.
• Car and truck traffic collision – Driving while under the influence of drugs or alcohol, distracted driving, reckless or overly aggressive driving, speeding, and similar factors can all lead to a fatal crash.
• Premises liability – Dangerous conditions on other people’s properties can have deadly results, such a pool drownings, fatal falls, and violent attacks caused by inadequate security.
• Defective products – From lead paint on children’s toys to bad prescription drugs, there are innumerable ways that sloppy design, testing, or marketing of a product can endanger those who use it. In some cases, these defects can be fatal.
• Exposure to toxic chemicals or products – The go-to example of this kind of wrongful death is mesothelioma due to asbestos exposure, but asbestos is not the only toxic chemical that people can be inadvertently exposed to. Toxic chemicals can lead to lengthy, painful illnesses that cause years of agony to victims.

Georgia’s Wrongful Death Statute Explained

Georgia has several laws stipulating the process of filing a wrongful death claim, how the court should handle it, and how the surviving family can pursue compensation. Here are the essential components of Georgia’s wrongful death statute:

• Who can file – The statute stipulates which parties can bring a wrongful death action.
• How damages are measured – An eligible party who files a successful wrongful death action may recover compensation for the “full value of the life” of the decedent.
• How an award is dispersed – According to the statute, compensation from a wrongful death action will be divided equally among the decedent’s surviving spouse and children. However, the surviving spouse must receive at least one-third of the award.
• Child wrongful death cases – A separate statute governs wrongful death cases involving children. It provides guidelines for surviving parents who are married, divorced, or widowed to seek compensation for the full value of their child’s life.
• When a healthcare provider is liable – If a healthcare provider is liable for wrongful death, that provider must notify the relevant licensing board. The board will determine whether to take disciplinary action against the provider.

What Qualifies as Wrongful Death?

A wide range of tragic deaths qualify under Georgia’s legal definition of wrongful death. Wrongful deaths may include those caused by criminal or negligent acts by individuals, corporations, government agencies, or other entities. Deaths due to defective products, regardless of whether negligence is involved, may also qualify under the law.

Negligence occurs when someone owes another party a duty of care and breaches that duty, causing harm. Negligence does not require that a person intentionally cause harm. Instead, negligence is the failure to act with a reasonable level of care that the average person would expect under the same circumstances. Negligence is not limited to actions, though. Omissions of action can also be considered negligence.

Here are some examples of negligence in wrongful death cases:

• All motorists must obey traffic laws and drive carefully to avoid harming other road users. A driver who causes a fatal accident because they break the law, such as running a red light, could be liable for death under the theory of negligence.
• Property owners and managers must ensure the premises are safe for visitors and fix any known hazards. If a business owner fails to fix a known safety issue that causes a customer’s death, the owner could be liable for death under the theory of negligence.

How Much Is a Typical Wrongful Death Settlement in Athens?

The amount of a wrongful death settlement can vary significantly, ranging from thousands to millions of dollars. No two wrongful death cases are exactly alike. Various factors can affect the settlement amount, including the following:

• Strength of evidence – The strength of the evidence establishing the at-fault party’s negligence is a crucial factor in the value of a wrongful death settlement. Clear and convincing evidence demonstrating that the defendant’s negligence directly caused the death can increase the potential settlement amount.
• Age, occupation, and health of the decedent – The decedent’s age, occupation, and health can impact the potential value of a wrongful death settlement. For instance, the wrongful death of a young, healthy individual in a high-earning occupation may result in a larger settlement due to the loss of many potential years of earnings. On the other hand, the wrongful death of a retired individual with little future earning potential may result in a lower settlement.
• Financial losses of the family – The financial losses suffered by the surviving family may impact the settlement amount. These losses could include future earnings, benefits, inheritance, and loss of parental, spousal, and household services.
• Quality of legal representation – The quality of the legal representation in a wrongful death case can also significantly impact the settlement amount. A wrongful death attorney must be able to aggressively negotiate with insurance companies and other parties to recover the total compensation a plaintiff is owed. When you hire an attorney for a wrongful death claim, look for someone with extensive experience in such cases and a successful record of success.

Here are some examples of real-life verdicts and settlements secured by the attorneys at R. Alan Cleveland, LLC for grieving families in Georgia:

• $9,850,000 wrongful death verdict for the family of a two-year-old boy who drowned in his daycare’s swimming pool
• $1,400,000 wrongful death settlement for the family of a passenger killed in a multi-vehicle trucking crash
• $1,175,000 wrongful death settlement for the family of a passenger killed in a drag racing accident
• $300,000 wrongful death settlement for the family of a six-year-old boy fatally injured by a school bus

Contact One of the Best Wrongful Death Lawyer in Athens

A wrongful death suit is not a legal battle you want to wade into without help. These cases can be very complex, requiring significant research and expert resources you may not have access to. At R. Alan Cleveland, LLC, we want to give you the best chance possible at succeeding in your wrongful death claim. Our wrongful death lawyers have the resources and experience to make it happen.

To find out more, give our Athens law office a call today for a free claim review. We look forward to working with you and helping you pursue justice for the family member you’ve lost.