Losing a loved one is devastating, and the grief can feel unbearable when their death was caused by someone else’s careless behavior. While no legal action can bring someone back, a wrongful death claim helps surviving family members stand up for their lost relative and seek the accountability they deserve. Questions about how the accident happened as well as financial concerns may come up.
A compassionate Alpharetta wrongful death lawyer knows what you’re dealing with and will take whatever steps possible to give you a chance of holding the right party accountable. Call Gonzalez Torres Law today to schedule a free case evaluation with one of our Alpharetta personal injury lawyers.
Why Hire Gonzalez Torres Law When You Lose a Loved one in Alpharetta?
Losing someone because another person or entity was irresponsible is a devastating situation to find yourself in. While a lawsuit can’t bring your loved one back, it can help you recover financial compensation so you don’t have to deal with financial burdens on top of grieving. Here’s why our lawyers are a great choice if you’re considering filing a claim:
- More than 20 years of experience representing individuals in personal injury and wrongful death matters
- Over $15 million in settlements recovered for injury victims and grieving families
- Our staff speak English and Spanish, so we can communicate you in whichever language is most comfortable for you and your family
Families who have lost a loved one as a result of another person’s negligence deserve to be compensated and they should never have to handle it alone. Our lawyers are always here to provide assistance.
How an Alpharetta Wrongful Death Lawyer Can Help You After a Tragic Loss
When you lose someone, you probably aren’t thinking immediately about compensation and working with a lawyer. However, in some cases, this is one of the smartest moves you can make, as it lets you heal while having a professional by your side who can help you get what you deserve. Here’s how a lawyer can help you in these situations:
- Investigate the cause of the accident and determine who they believe is responsible for the passing of your loved one and why it occurred
- Handle communication with insurance companies and at-fault parties so you avoid added stress
- Calculate and pursue compensation for funeral costs, lost income, and loss of companionship
- Make sure every legal deadline is met
Having compassionate legal counsel gives you and your family the space to grieve.
What is a Wrongful Death in Georgia?
A wrongful death in Georgia occurs when a person dies as a direct result of someone else’s careless, reckless, or intentional actions. The Georgia Wrongful Death Act gives some surviving family members the right to bring a civil claim to seek money damages for the “full value of the life” of their loved one.
(a) The surviving spouse or, if there is no surviving spouse, a child or children, either minor or sui juris, may recover for the homicide of the spouse or parent the full value of the life of the decedent, as shown by the evidence.
Common examples of incidents leading to a wrongful death claim in Georgia include:
- Deadly car, truck, or motorcycle accidents caused by another driver’s negligence
- Killings resulting from violent crimes or intentional harm
- A fatal slip and fall on someone else’s dangerous property
- Deaths caused by defective products or dangerous work environments
- Fatal medical errors
To determine if you have a wrongful death claim, it’s helpful to reach out to a lawyer and allow them to assist you through the next steps.
Who Can File a Wrongful Death Lawsuit in Georgia?
State law sets out a specific order for who has the legal right to file a wrongful death lawsuit and how any settlement or recovery must be divided among surviving family members.
Surviving Spouse Has First Priority
The surviving husband or wife gets the first right to file a wrongful death lawsuit. However, if money is recovered, the spouse must share those funds with the decedent’s children. This should be shared equally unless doing so would leave the spouse with less than one-third of the compensation, which they are always entitled to, no matter how many children there are.
Children of The Decedent
If there isn’t a living spouse, children of the decedent can file the claim. The right continues for remaining children if one should pass away while the claim is ongoing. Georgia law allows children born outside of marriage to also file or receive a share of the claim. Understanding these rules can help you determine if you’re allowed to file a lawsuit.
Parents’ Rights
If a person passes away in Georgia without a surviving spouse or children, their parents then have legal authority to file the lawsuit. The parents would then share the money equally, whether they’re married or not.
Estate’s Personal Representative
When no spouse, child, or parent exists to file a wrongful death claim, the estate’s personal representative, which might be an executor named in a will or an administrator appointed by the court, may bring the claim for the benefit of the next of kin. If a settlement is reached or damages are acquired, the assets then go through the regular inheritance process and are distributed according to Georgia’s estate laws.
Determining if you have the right to file a wrongful death lawsuit is one of the first steps you can take to at least have a better idea of what your options are. Contact our legal team today to learn more.
Call Gonzalez Torres To Schedule a Free Case Evaluation With an Alpharetta Wrongful Death Lawyer
Filing a wrongful death claim is never just about financial matters. It’s about getting justice for you and your family. Unfortunately, this can be a difficult process, with insurance claims and potential court hearings, all while dealing with the emotional process of grieving your loved one. In these moments, skilled legal advocacy provides a sense of direction and helps you hold responsible parties accountable. An Alpharetta wrongful death attorney from Gonzalez Torres Law is here to speak with you whenever you’re ready. Call today to schedule a free consultation.