Wrongful Death FAQs

Car accidents happen every day, and unfortunately, they can be fatal. According to the U.S. Department of Transportation’s National Highway Traffic Safety Administration, there were 36,096 fatalities in motor vehicle traffic crashes in 2019. Fatalities can be either a passenger in a vehicle, motorcyclists, pedestrians, or pedal cyclists.

Car accident deaths are often the fault of another driver and can be due to drunk driving, distracted driving, speeding, reckless driving, and more. If the driver acted negligently, a wrongful death claim can be proven and won by the surviving family.

A wrongful death claim is filed after a fatal car accident to recover from the impact of the person’s death as a whole, also known as the full value of the deceased person’s life. 

What Is Wrongful Death Under Georgia State Law?

Georgia’s wrongful death laws are held under O.C.G.A § 51-4-2, which defines who is entitled to bring forth legal action for the wrongful death of a spouse or parent. Wrongful death claims aim to recover the “full value of the deceased person’s life”, and this is done from the deceased person’s perspective.

According to Georgia law, a wrongful death claim can be brought forth by the spouse of the deceased person, and they can work on behalf of the couple’s children, as well. If there is not a surviving spouse or any surviving children, then a parent or the parents of the deceased person can file a wrongful death claim.

Any compensation received from the lawsuit will be equally divided between the spouse and children. If children are minors, a legal guardian can keep and use the money for the child’s benefit and will be accountable to do so. The spouse, by law, is entitled to receive at least ⅓ of the total compensation.

Additionally, any recovered compensation is not legally allowed to be subject to any debts or liabilities of the deceased person, and wrongful death claims should typically be filed within two years.

Claims and Damages in Wrongful Death Lawsuits

Since the goal of wrongful death lawsuits is to recover “the full value of the life of the deceased person” from his or her perspective, this covers a wide range of factors, including income, chores, daily activities, and family and friend relationships, to name a few. These factors are valued and recovered by the deceased person’s family and divided equally.

A family may also choose to pursue an estate claim to recover the full amount of suffering that the deceased person experienced, which was caused by the at-fault driver. This may include punitive damage, pain and suffering damages, medical expenses, funeral expenses, and more.

How a Car Accident Lawyer Helps with Wrongful Death Claims

If you or a loved one has been hurt or killed in a car accident and you’re considering taking legal action to collect damages, hire a car accident lawyer to help with your case and get the best results possible. 

Car accident damages, including wrongful death, can be complex to prove. A skilled car accident lawyer will help you prove the negligence of the at-fault party, even when a strong defense is present.

A car accident lawyer can help you pursue a number of different damages, in addition to wrongful death, which may include:

• Estate damages
• Medical bills and expenses
• Property damage
• Lost wages and future wages
• Pain and suffering

A car accident lawyer allows you to have confidence and optimism throughout the process, even if you end up needing to go to trial. Your family wants justice for your untimely loss, and Haug Law Group will fight to win the compensation that you and your family members deserve.

Contact Haug Law Group for Your Free Consultation

While wrongful death lawsuits are challenging, Haug Law Group is here with you through it all as your guiding light and consultant. We will help you from the very beginning and make the legal process as smooth as possible.

Get your free consultation and case evaluation from an experienced Atlanta wrongful death attorney by calling (844) 428-4529 or sending us a message today. We are available to help you 24/7 and look forward to hearing from you.

A wrongful death occurs when one party’s negligent actions cause someone else’s death. A  wrongful death claim is set forth by the victim’s family, typically the spouse and/or the children. The victim’s family can pursue legal action for their own benefit and the benefit of the deceased person’s estate.

There are many different incidents in which a wrongful death occurs, including car and truck accidents, work accidents, medical malpractice, and more. Wrongful death claims can be painful for a bereaved family, so it is best to pursue legal action with the help of a skilled personal injury lawyer.

Common Causes of a Wrongful Death

There are many different scenarios in which a wrongful death can occur. No matter the incident, there is likely a party at fault who should be held liable for the accident. The following are just some of the most common causes of a wrongful death resulting in a lawsuit. 

Car accidents

Often, car accidents that result in wrongful death are caused by traffic violations, such as speeding, reckless driving, and distracted driving. They also can be due to drunk driving or impaired driving. 

In some cases, manufacturer’s errors can cause vehicles to malfunction, but more often than not, causes of a wrongful death from car accidents are due to human error and negligence.

Truck accidents

Just like car accidents, truck accidents are another main cause of wrongful death. Truck accidents are those that involve large commercial trucks that weigh up to 80,000 pounds when fully loaded. It’s easy to see how a truck accident can cause a fatality when a truck driver makes a judgment error or is careless.

The largest commercial trucks, such as semi-trucks or 18-wheelers, can be up to 20 to 30 times heavier than an average car. Unlike car accidents, however, truck accidents that result in wrongful death can leave more than one party liable for the death: the truck driver, the trucking company, and in some cases, the truck manufacturer. 

Truck accidents are handled differently than car accidents in the legal system, but a lawsuit will help determine who is held liable and how much they will be held liable for.

Work accidents

Work accidents can result in injuries that are short-term or long-term, and they can be debilitating, life-changing, and life-threatening. Even a simple slip and fall can cause a recurring concussion and permanent brain damage. In the most severe cases, work accidents can kill a worker. 

While work accidents happen in a wide range of workplaces, those who are most susceptible to workplace accidents and wrongful deaths in workplaces are those who work with large machinery or dangerous substances, such as in manufacturing facilities, construction, chemical plants, and more. 

It is also common for these types of industries to lack acceptable training programs, leaving workers exposed and vulnerable.

Defective products

Businesses who sell products of any kind can be held liable for any defective product that results in death. A wrongful death action can be taken against the company, no matter how big or small they are. Businesses must follow product liability laws to ensure the safety of their products, but defective products are, unfortunately, a common cause of death in people of all ages. 

Defective products can be everything from machinery to toys, medical equipment, appliances, cleaning materials, and more. Sometimes, defective products result in injury, and other times, in death.

Drug accidents

Just like any other product manufacturer, prescription drug companies are held liable to meet certain standards set forth to protect both medical professionals and patients. When a prescription drug is taken properly but side effects cause death, wrongful death action can and should be taken.

Medical malpractice

Medical professionals are obligated to provide a certain level of care to every patient. When doctors, nurses, or other medical professionals breach their obligation to this duty, injuries or death can occur, which is referred to as medical malpractice. 

Medical malpractice acts can take place when there is an error in treatment, error during surgery, a misdiagnosis or a delay of diagnosis, and more. Medical malpractice can also include neglect of elderly patients in assisted living facilities or nursing homes.

Biking accidents

Bikers share the road with commercial and non-commercial vehicles, so in some unfortunate cases, bikers get hit by motorists and die. Since a person on a bike is much smaller and less protected than regular cars and large commercial vehicles, the injuries that cause a wrongful death are very distressing to the victim’s family.

Get Help with Your Wrongful Death Claim Today

If a loved one has been involved in one of these common accidents and died, Haug Law Group’s top Atlanta wrongful death attorneys are here to help. We’ll be there for you every step of the way throughout your lawsuit, from gathering evidence to forming a strong case and even standing up against a tough defense team if we must go to trial.

Our experienced team has the knowledge and history of success to help you win justice and get the compensation you deserve. We won’t settle for anything less – check out some of our successful case results.

We’d love to hear about your case today and provide a free case evaluation. Call our team at (844) 428-4529 or send us a message 24/7 for help. We look forward to hearing from you!

How long do wrongful death cases take?

When a loved one has died due to another person’s negligent or wrongful actions, the deceased person’s family members are entitled to bring forth a wrongful death claim. Wrongful deaths are often caused by car accidents, truck accidents, work accidents, drug accidents, defective products, and medical malpractice.

A wrongful death case length can be a few months at best, but some cases take one or more years. The length of time to settle a wrongful death case depends on the circumstances, the fault of the accident, and other factors.

Many wrongful death cases can be settled outside of court without a lawsuit. There is a better chance that the case will settle quickly if it is clear that the other side is liable.

How Wrongful Death Cases Work in Georgia

When it comes to wrongful death cases in Georgia, the laws are held under O.C.G.A § 51-4-2, stating which family members can pursue legal action to recover the full value of the deceased person’s life. Value is determined according to the deceased person’s perspective and the rules surrounding these types of cases.

In O.C.G.A § 51-4-2, the Georgia State Legislature states that the surviving spouse is entitled to bring forth action for the wrongful death of a spouse. If there is no surviving spouse, then a child or children can recover damages for the homicide of the parents. If there is no surviving spouse or children available to bring the wrongful death claim to court, the deceased person’s parent(s) or a personal representative of the deceased person’s estate can do so.

A wrongful death case settlement will be equally divided upon the children and the spouse, with the spouse receiving no less than one-third of the total compensation from the lawsuit. When the deceased person’s children are minors, a legal guardian must keep the settlement winnings and use the money for their benefit.

If it is a personal estate representative bringing forth action, the recovered damages will be used to benefit the next generation of family members. In addition, recovered compensation is not legally allowed to be subject to any debts or liabilities of the deceased person.

Wrongful Death Damages and Claims

When a wrongful death claim is brought to the court, there are two types of claims that are covered, including the “full value of the deceased person’s life” and related financial losses. This includes many different factors, such as relationships, income, daily activities, and more.

In addition to the full value of the person’s life, the family members may bring forth an estate claim to recover financial compensation for the suffering experienced during the accident which led to the death of the individual.

Other types of damages that often accompany wrongful death claims include medical bills and expenses, property damages, general damages, lost wages, and more.

Statute of Limitations for Wrongful Death Lawsuits in Georgia

It’s important to realize that all wrongful death claims must be brought to the local court within a specified period of time. According to O.C.G.A. § 9-3-33, wrongful death claims must be brought to the court within two years of the accident or misconduct that caused the death of the spouse or parent.

How Haug Law Group Can Help

James Haug is a top Atlanta-area wrongful death lawyer with success in fighting big insurance companies to receive fair settlements for his clients. While insurance companies will do their best to keep your case out of court and offer you the lowest settlement possible, the at-fault party should be held fully responsible for your loved one’s death, no matter if it was intentional or not.

Haug Law Group knows how important it is to file a wrongful death case quickly to keep the legitimacy of all of the evidence from the accident. We know how to help you get the compensation you deserve when a loved one has died due to someone else’s wrongful actions or negligence. Let us help guide you through the legal process of getting justice for your loved one and your family.

Contact Us To Get a Free, No-Obligation Consultation

Haug Law Group is here to help you with your wrongful death case. We’d love to meet with you to discuss your case in a free case evaluation and consultation. Upon learning about your case, we can help you decide the best path ahead and answer any questions you have about the legal process. Let us help you win justice and get you through this tough time.

Contact our team today at (844) HAUG LAW or send us a message to schedule your free case evaluation today! We look forward to meeting you.

If your loved one died as a result of another party’s misconduct or negligence, you could claim damages in a wrongful death lawsuit to retrieve the compensation you deserve.

However, you’ll need an experienced personal injury lawyer on your side to get those damages. Visit Haug Law Group’s Personal Injury Legal Definitions and Terms page and look into what your wrongful death lawsuit may entail.

All About Wrongful Death

Wrongful death occurs when a person or entity is negligent or misconduct happens, and your loved one dies as a result. If you’re filing a wrongful death lawsuit, it’s going to be a civil lawsuit, not a criminal one. The defendant would have to be charged separately to serve time in prison and pay fines, among other consequences. You can file your wrongful death lawsuit before, during, or after criminal charges are filed.

Only eligible survivors may file a civil wrongful death suit. In Georgia, eligible survivors include:

• The spouse of the person who died
• If there is no spouse, their children
• If there is no spouse and there are no children, then the living parents of the person who died
• If the person had no spouse, children, or living parent, then the person who is their estate administrator could file

Keep in mind that the wrongful death claim must be filed within the statute of limitations in Georgia, which is two years. The sooner you can file, the better chances you have of winning damages.

Damages in a Wrongful Death Lawsuit

The damages available in a wrongful death lawsuit include ones that have an economic and non-economic impact.

Economic damages could include:

• Medical bills from the injury that ultimately caused the death
• The loss of future earnings and bonuses
• Burial and funeral expenses

Future earnings are taken into account because the decedent is no longer going to be there to provide for the household. Bonuses are also included because it is fair to say that your loved one may have earned them had they worked until retirement age.

Non-economic damages could include:

• Conscious pain and suffering that your loved one endured before passing away
• The loss of household contributions and other services
• The loss of companionship

Starting from the date your loved one died, the damages will include interest. Punitive death damages cannot be claimed in a Georgia wrongful death case.

Examples of Wrongful Death

There are many examples of when a wrongful death could apply. They include:

• Reckless driving
• Medical malpractice
• Contaminated food
• Defective merchandise
• Intentional homicide
• Unsafe medical devices
• Nursing home abuse or neglect
• Defective construction

You may be able to file for damages in a wrongful death lawsuit if a drunk driver hit your loved one and your loved one subsequently died at the scene or succumbed to their injuries at a later date.

You also might be able to sue if you purchased a defective product and it injured your loved one so badly that they passed away from their injuries.

In another example, if a doctor performed the wrong surgery on your loved one and they died after, medical malpractice may be at play.

Medical malpractice is very difficult to prove, and many cases get thrown out before they can even go to court. The legal system makes it very difficult to file a medical malpractice suit because it doesn’t want to encourage people to sue doctors. Having a lawyer who is experienced with medical malpractice is key to winning your case.

How To Prove Wrongful Death

To prove wrongful death, you’ll first need an experienced personal injury lawyer on your side. They will let you know what evidence you need, including:

• Photographs of the scene of the accident, defective products, injuries, and more
• Video footage of what happened
• Witness statements from people who were there when it happened
• Medical records
• Police records

After a wrongful death, the defendant’s insurance company may try to get you to settle quickly. However, this is not a good idea for a few reasons. The first is that right after your loved one passes away, you’re grieving. You don’t want to make any rushed decisions in those moments. Instead, you need time to think and process what happened.

Also, an insurance company is going to offer you the lowest settlement they can get away with. They don’t really care about you and what you’re going through. They only worry about their bottom line. You may think if you don’t accept their offer, you won’t get one altogether, but that’s just not true.

Instead, call a personal injury lawyer to help. They will negotiate a settlement with the insurance company and take your case to court if need be. Every step of the way, they’ll fight for you to get you the damages in a wrongful death lawsuit that you deserve.

To find out more, contact Haug Law Group today.

 

When someone is killed as the result of someone’s error or negligence, or a defective product, a wrongful death lawsuit may be initiated. There are specific rules in Atlanta, and throughout Georgia, regarding the filing of these types of lawsuits.

When a victim’s family wishes to file a lawsuit stemming from a wrongful death, the survivors have two years from the date of death to file the case. If the claim is not filed in that two-year timeframe, the survivors are no longer able to seek compensation. This is, in part, to protect the alleged at-fault person or entity from frivolous lawsuits.

There are two types of wrongful death claims in the state. One is for the “full value of the life of the deceased.” This type of claim includes compensation that are related to the financial value of the decedent’s life. Compensation may include lost benefits and wages, loss of care and loss of companionship.

The second type of claim is brought to recover damages from the financial losses that were related to the person’s death. For example, an estate may choose to seek compensation for medical bills, funeral expenses and burial expenses. The type of claim that is filed will depend on the wishes and needs of the survivors.

If a loved one has been killed as the result of someone’s negligence or error, an experienced attorney will be able to assist you in determining whether you have the elements necessary for a successful wrongful death claim.

When someone passes away at the hands of another, due to a criminal act, negligence or error, the survivors may choose to file a wrongful death lawsuit. In Atlanta, and throughout the state of Georgia, there is a hierarchy of relatives when it comes to filing this type of suit. The people who may recover, in order, are:

1. Spouse and Children

If the person is survived by a spouse, the spouse is the person who has the right to file a lawsuit. If the decedent (that is, the person who died) and spouse have children in common, the spouse will file on behalf of themselves and the children. Typically, 1/3 of the award will go to the spouse and the remainder will be split among the children.

2. Children

When there is no surviving spouse, the children of the decedent have the right to file a wrongful death lawsuit. The children would divide any compensation awarded evenly.

3. Parent

If the decedent had no spouse or children, the parents of the person may file a wrongful death lawsuit.

4. Estate

In cases where none of the above are in existence, the Estate will file suit. The award will be divided among the next of kin as determined under probate law.

The parties who have the right to file a lawsuit is determined not at the time of injury, but at the actual time of death. It is rare for the people to be different at these two times, but it has happened. An Atlanta wrongful death attorney can be of assistance in these matters.

Under statute O.C.G.A. 19-7-1, the Georgia Parental Power and Recovery for the Homicide of a Child Statute, it is outlined who has the right to recovery. It also details how the right to recovery can be lost.

When a child is under the age of 18, they are under the “control” of their parents. When the court awards custody of the child to a single parent, that parent is the only person entitled to the services of the child and the proceeds of that child’s labor.

A parent can lose power or control over their child in several ways:

1. Releasing parental rights via contract to a third person;
2. Consenting to the adoption by a third person;
3. Abandoning the child or failing to provide necessities;
4. Allowing the child to receive the proceeds of their labor.
5. Consenting to the child’s marriage; or
6. Treating the child cruelly.

When a child is killed, the parent or legal guardian is entitled to the recovery of the full value of the child’s life. In most cases, the value is divided equally among both legal parents. There are unique situations in which this is not the case.

Any person who experiences the wrongful death of a child in Atlanta should speak with an Atlanta wrongful death attorney. An attorney can review the cause of death and surrounding details and assist a family in filling out the necessary paperwork or, in some cases, filing a wrongful death lawsuit.