If you have lost a loved one in Doraville because of someone else’s negligence, you’re probably coping with both emotional pain and financial stress. The law makes attempts to protect families in these kinds of situations, though the process can feel overwhelming at first. Navigating deadlines, documents, and insurance company tactics is rarely simple when you’re grieving over such a tragic loss. An experienced wrongful death lawyer can be your guide, advocating for your rights while also focusing on your needs and well-being. Reach out to Gonzalez Torres Law today to learn more about a Doraville wrongful death claim.
How Gonzalez Torres Law Supports You After a Wrongful Death in Doraville
When you lose a loved one because of someone else’s actions, you may feel overwhelmed and unsure where to turn. Gonzalez Torres Law guides you throughout the process and helps lift that burden so you can focus on healing. Here’s why we’re the right choice:
- Over 18 years of experience in wrongful death cases, so you receive informed advice at each step
- Won more than $15 million in settlements for families facing similar loss
- You don’t pay us unless we win your case, so there’s no financial risk when getting help
Our firm is dedicated to holding others accountable while supporting your family’s needs during this difficult time.
What a Wrongful Death Attorney in Doraville Offers
Losing a loved one in an accident leaves you overwhelmed. During this crisis, an attorney with wrongful death knowledge can bring stability. Here’s how:
- Handle all legal deadlines and procedures so you can focus on healing
- Determine who may be at fault and file claims against all involved
- Negotiate with insurance agents and defense lawyers to make sure your story is heard and you get the compensation you’re entitled to
Our Doraville injury attorneys fully understand that money can’t replace your loved one. Still, you shouldn’t have to face financial burdens on top of your loss.
What is Wrongful Death in Georgia?
When someone dies because of another person’s actions or negligence, the law calls this a wrongful death. The surviving family members may be able to bring a lawsuit to get financial compensation. This is separate from any criminal charges that might also apply.
Causes of Wrongful Death Claims
Wrongful death can happen for many different reasons in Georgia. Some causes are more common than others.
Car Accidents
Car crashes on the road are a leading cause of wrongful death. Negligent drivers, distracted driving, drunk driving, and reckless actions often lead to fatal injuries.
Medical Malpractice
Sometimes, doctors or nurses make serious mistakes. If a patient dies as a direct result of medical errors – misdiagnosis, surgical mistakes, or medication errors, for example – that might be wrongful death.
Unsafe Workplaces
Some jobs carry risks, but all workplaces should follow safety guidelines. Fatal injuries at work can happen if employers ignore regulations or fail to provide safe equipment.
Dangerous Products
Manufacturers and sellers must make sure their products are safe. Sometimes, a faulty vehicle, unsafe toy, or harmful device ends up killing someone. This can become a wrongful death case.
Criminal Actions
Wrongful death cases can happen when a crime, like assault or homicide, results in someone’s death. The family might be able to file civil lawsuits in addition to any criminal prosecution.
If you think your loved one died as a result of someone else’s negligent or intentional actions, a wrongful death lawyer can help you understand your rights.
Who Can File a Wrongful Death Claim in Georgia?
In Georgia, the right to file a wrongful death claim depends on the relationship to the person who passed away. The law sets a clear order for who can bring the lawsuit.
1. Surviving Spouse
Usually, the person’s spouse files the wrongful death claim first. This is true even if the couple was separated but not divorced at the time of death, as long as they were still legally married.
2. Children
If there isn’t a surviving spouse, the child or children of the person who died can file the claim. Minor children cannot file a wrongful death case on their own. Instead, a legal guardian must file for them.
If there is no surviving spouse and an action for wrongful death is brought by a minor child or minor children under subsection (a) of this Code section, the natural guardian, guardian, or next friend of any such minor child shall:
(A) Qualify as a conservator if necessary to receive payment of the settlement and shall thereafter hold and use the settlement for the benefit of the minor and shall be accountable for the same as provided in Code Section 29-3-1; and
(B) Obtain court approval of such settlement of such minor child or minor children as provided in Code Section 29-3-3.
How Is The Money Divided in a Georgia Wrongful Death Claim?
Many families want to understand how settlement money splits between loved ones after a wrongful death. Here’s how it works in Georgia:
Generally, Equal Shares Among Eligible Parties
Money usually gets split per person, equally, between the surviving spouse and the children (no matter the mix of adult and minor kids).
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.
Exception – Minimum 1/3 Rule for Spouses
No matter how many children there are, the surviving spouse can never receive less than one-third of the recovered amount.
(2) Notwithstanding paragraph (1) of this subsection, the surviving spouse shall receive no less than one-third of such recovery as such spouse’s share. If there is no surviving spouse, the amount recovered under subsection (a) of this Code section shall be equally divided, share and share alike, among the children per capita, and the descendants of children shall take per stirpes.
For example, if a deceased person leaves behind a spouse and four children (five people total). The claim is worth $300,000. Under the general rule, everyone would get one-fifth ($60,000).
However, since there is the one-third exception and one-third of $300,000 is $100,000, the spouse gets $100,000. The children’s shares would be reduced to make this happen. If only children remain, it is split equally between them.
Understanding wrongful death claims can feel overwhelming when emotions are running high. The law is set up to help families recover the full value of their loved one’s life and distributes that compensation in an orderly, predictable way. If you are confused or worried about your rights and how any recovery would be shared, you should reach out to a wrongful death lawyer as soon as possible.
Book Your Free Consultation With a Doraville Wrongful Death Lawyer at Gonzalez Torres Law
Navigating the days after an unexpected loss feels impossible. When your loved one’s death happens because of another’s actions in Doraville, you may have the right to hold that person or business accountable. Seeking professional legal support doesn’t erase your grief, but it can provide answers and some stability as you make big decisions. A skilled attorney understands both your loss and the steps you should take next. Call us today to schedule a free consultation with a Doraville wrongful death attorney.