If you’ve lost someone you love due to another’s negligent or criminal actions, you could be entitled to financial compensation through a wrongful death claim. This compensation will not bring back your loved ones, but it can offer your family financial relief while you take the necessary time to grieve.
Each human life is unique, so you cannot put a monetary value on life. However, the clients we represent desire justice and closure for the loss of their loved ones. Speak with a wrongful death lawyer from T. Madden & Associates, P.C. in Augusta, GA for assistance.
Generally, if the deceased person could have filed a personal injury lawsuit had they survived the accident, then their survivors have a potential wrongful death claim. A member of our experienced team will evaluate your case and help you decide on the best steps. Contact us right away to schedule a no-obligation consultation with an adept trial lawyer in Augusta.
Wrongful Death Claim
Wrongful death in Georgia is defined as the death of one person as a result of the wrongful, criminal, intentional, reckless, or negligent acts of another. A person can be found negligent and, therefore, liable if they cause harm through a careless act or omission.
If someone in Augusta, GA caused a fatal injury to a loved one, purposefully or unintentionally, that person can be held legally responsible for your family’s losses. The following are some of the most common types of fatal accidents that can cause a wrongful death:
When an individual dies because of a defective product, the product’s manufacturer can be held liable. Defective vehicles, prescription drugs, toxic foods, and unsafe children’s toys have led to wrongful death settlements before. Consider your options by sitting down for a consultation with a skillful personal injury law specialist.
Healthcare professionals are legally obligated to help patients to the best of their ability. Doctors who misdiagnose, fail to diagnose, or commit medical errors can fatally injure patients. T. Madden & Associates, P.C. will hold negligent doctors, nurses, and other health care providers accountable.
Motor Vehicle Accidents
The most common cause of wrongful death fatalities is negligent drivers. Reckless driving behaviors like speeding, distracted driving, disobeying traffic signals, and driving under the influence of drugs or alcohol cause the majority of car accident deaths.
If a pedestrian is involved in an accident with a passenger vehicle, they could be seriously injured or killed. Many pedestrian accidents in Augusta are caused by negligent drivers. The city of Augusta can be held liable if the city’s infrastructure leads to an accident. Skillful attorneys understand liability and proving negligence in wrongful death claims.
Since 18-wheelers are larger than most vehicles on the road, they are more likely to cause a fatality when an accident occurs. Commercial truck accidents can occur when truckers drive with oversized loads, drive aggressively, drive fatigued, or experience mechanical issues.
Construction zones can be hazardous. Any element of negligence can lead to severe accident injuries. Construction sites aren’t the only place where wrongful deaths can occur. If someone you loved experienced a fatal injury while on the job, they could be entitled to a personal injury claim alleging wrongful death. Injury lawyers can help you decode your options.
Although these are some of the most common causes of wrongful death, anytime a party does not take the proper care and contributes to the death of someone else, they can be held liable.
T. Madden & Associates, P.C. is also prepared to help clients dealing with the following causes of wrongful death:
- Assault and battery
- Birth injury
- Construction accidents
- Fires and explosions
- Motorcycle Accidents
- Negligent Security
- Police misconduct
- Slip and Fall
- Surgical malpractice
Proving Negligence in a Wrongful Death Case
When someone dies in an accident caused by negligent behavior, surviving family members can seek compensation. The insurance company has one goal: to pay as little as possible. This is how the company makes money. So if you decide to fight them for a larger amount, you’ll need to prove the other party acted negligently.
T. Madden & Associates, P.C. has experience helping families with wrongful death claims after fatal accidents in Augusta. Our legal team can analyze the evidence in your loved one’s death and identify the parties who caused or contributed to that accident. We are committed to obtaining financial compensation from negligent parties in the sudden death of your loved one.
Establishing Fault and Liability
Personal injury lawyers establish liability in wrongful death claims using the following elements:
- The at-fault party had a legal obligation to act reasonably to prevent subjecting the victim to undue harm
- The at-fault party failed to uphold their duty and acted wrongfully or negligently, thereby subjecting the victim to harm, and breaching their duty of care
- The at-fault party’s actions caused the accident and the victim’s fatal injuries, incurring liability for any resulting damages
Your Augusta wrongful death attorney will use the following documentation and evidence to establish fault and liability:
- Accident report
- Coroner’s report
- Expert testimony
- Medical reports
- Photos and videos of the accident scene
- Police reports
- Witness statements
Wrongful Death Damages
The wrongful death legal process is different from other types of injury claims. Rather than focus on the cost of the injury itself, wrongful death claims look at what the deceased’s family lost. This typically includes:
- A lost lifetime of earnings
- Loss of the ability to take part in the community
- Loss of the companionship of loved ones
Wrongful death damages make it possible for victims to maintain their homes, go back to school to get a better job, educate their children, get grief counseling, and find a way to create a new life after a horrible loss.
There are a few things that are covered by damages. Many surviving family members receive compensation for medical bills and burial expenses, as well as punitive damages in some cases. Punitive damages can be awarded to surviving family members when the liable party acts in an especially reckless or malicious way.
Augusta Wrongful Death Case Value
All wrongful death cases are unique and must be evaluated on their own merits. Our Augusta wrongful death attorneys will consider the acts of the negligent party and other factors to estimate the value of your wrongful death claim. Fair compensation will depend on the details of your particular claim.
T. Madden & Associates, P.C. can work with experts for testimony about the value of the services your loved one provided your family before their death. We can also analyze their projected future earnings to calculate the financial losses your family will suffer.
Wrongful death case losses are largely non-economic. That’s why it may be vital to partner with an experienced personal injury lawyer. They will understand wrongful death law and help you hold the right parties responsible.
Wrongful Death Funeral Expenses
When someone dies, their “estate” becomes responsible for their financial lives. This includes paying their remaining medical bills and burial. In the event of wrongful death, the estate may be able to recover these costs.
Although similar to a wrongful death claim, it is slightly different. These types of personal injury claims are designed to pay for damages the deceased suffered before death, but the estate’s claim can cover far more than funeral expenses. These claims can also pay for medical and hospital bills, and the pain and mental suffering the deceased person experienced before passing away.
Filing a Wrongful Death Claim
There are strict rules on who may bring a wrongful death claim in Georgia. A surviving spouse can have the authority to bring a wrongful death action. The surviving spouse must also act as a representative for surviving children and share the damages awarded. Generally, the surviving spouse is entitled to at least one-third of the award.
If the decedent was divorced, surviving children have the authority to bring a wrongful death action. Sit down with T. Madden & Associates, P.C. to discuss the facts of your case and learn more about your legal rights.
Georgia does not require that the estate’s administrator, representative, or executive bring the wrongful death claim.
Keep in mind that there are two types of claims after a wrongful death: the wrongful death and the estate claim. The administrator of the decedent’s estate must bring the estate claim. If you’re unsure how this process works for your claim, speak with an Augusta wrongful death lawyer right away.
Augusta Wrongful Death Lawsuit Deadlines
The general limit for filing a wrongful death lawsuit in Augusta, GA is two years after the death of the victim. Exceptions may apply in certain circumstances, so learn more by speaking with legal representation as soon as you can.
You could be denied access to damages if your family delays seeking legal advice about a potential wrongful death claim. Georgia has a statute of limitations that enforces a deadline on the right to file. If a surviving family member or representative of the estate does not file within the two-year time limit, they almost certainly will lose their right to file.
Talk to an Augusta Wrongful Death Attorney
As committed Augusta wrongful death lawyers, we understand the responsibility of advocating for those who’ve lost the ability to advocate for themselves. Wrongful deaths can feel shocking and unfair and lead to unexpected circumstances.
The Augusta wrongful death lawyers at T. Madden & Associates, P.C. want to help ease the suffering your family faces in the tragic passing of a loved one. Our attorneys will fervently seek the compensation you need. Schedule a free consultation with our dedicated and compassionate Augusta wrongful death lawyers serving all of Georgia.
We offer a free consultation and don’t charge you anything unless we secure money in your Georgia wrongful death case. Our wrongful death attorneys can meet with you and help you understand your rights and the process of making a claim. We can negotiate with the insurance company, proving how serious you are about recovering damages in your claim.
If someone you love loses a life because of someone else’s carelessness, negligence, or bad behavior, you and your family may be entitled to significant compensation under the law. T. Madden & Associates, P.C. can help.
We review wrongful death cases for free for anyone who may have questions before getting started. Additionally, if our wrongful death lawyers take on your case, we promise we won’t charge you a penny unless we recover compensation for your claim. Please contact our Augusta wrongful death law firm online or by calling to get started today.