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Wrongful Death Attorneys in Griffin, Georgia

Losing a loved one is a tragedy that no one can prepare for. When this loss is due to the negligence of another person or entity, the implications are not only emotional, but can become financial burdens on the surviving members.  

Filing a wrongful death claim can serve as a lifeline for families in Georgia, offering both financial aid and a sense of justice.  

The Harding Law Firm, LLC understands that navigating a wrongful death claim is the last thing grieving families need to endure. Their firm is dedicated to supporting you through this challenging time and ensuring you comprehend your legal rights as we work on your claim.  

With offices serving several counties in Georgia, the firm is committed to providing personalized legal counsel tailored to your unique situation.  

Why File a Wrongful Death Claim?  

Wondering if bringing a wrongful death claim is worth it? It won’t bring back the person you've lost, but compensation serves two crucial purposes.   

First, it holds the negligent party accountable. This action can catalyze change, preventing others from enduring similar tragedies in the future.   

Second, the financial aspect can't be overstated. It can provide vital assistance for funeral and burial expenses, medical bills, and the loss of the deceased's future income, offering the financial stability your family deserves.

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What Constitutes Wrongful Death in Georgia?  

Under Georgia law, a wrongful death occurs when a person’s life is taken due to the neglect or wrongful act of another. The 'nefarious' action must be one that, if the deceased had lived, would have entitled them to recover damages for their injuries.   

The structure of wrongful death laws varies by state, so it's crucial to understand Georgia's unique statutes when you're seeking compensation. The experienced legal team at The Harding Law Firm, LLC can advise you on the elements of wrongful death cases in Georgia to build a strong claim.  

Statute of Limitations 

Georgia, like most states, has stringent time limitations, known as the statute of limitations, within which a wrongful death claim must be filed. This is typically two years from the date of death, after which your right to claim is forfeited. However, here are some exceptions: 

  • If the deceased individual's estate has not undergone probate, the statute of limitations is extended for up to 5 years.  

  • In the event of a criminal case related to the same incidents as the wrongful death claim, the statute of limitations will commence following the conclusion of the criminal case (provided it does not exceed 6 years). 

Who Can File a Wrongful Death Claim in Georgia?  

Not just anyone can file a wrongful death claim in Georgia, which is why knowing who has the standing to do so is essential. Here is a general breakdown of eligible parties:  

  • The surviving spouse

  • Surviving child or children if no spouse  

  • Parent or parents if no spouse or children

  • Administrator or executor of the deceased person's estate if no spouse, children, or parents

Understanding who among the surviving relatives can take legal action is the first step. If there is no clear individual at the top of the list, the estate's caretaker can step in. These provisions ensure that the person closest to the deceased can seek justice on their behalf.  

You don't have to face this daunting legal process alone. A qualified attorney can guide you through a wrongful death claim, offering the support and expertise necessary to fight for your rights.  

What Needs to Be Proven to Constitute Wrongful Death?  

Wrongful death claims, like any legal action, require specific proof. It must be demonstrated that the death was due to someone else's neglect, deliberate harm, or wrongful act, and that surviving family members have suffered damages as a result.  

The preponderance of evidence serves as the standard for proving a wrongful death claim. This means showing that it is more likely than not that negligence led to the death. The evidence might include medical records, expert testimony, and circumstantial evidence to demonstrate fault.  

How to Prove Negligence  

Proving negligence is often central to wrongful death cases. This involves showing that the responsible party had a duty of care, breached that duty, and that the breach led to the fatal incident.  

For example, consider a car accident where the other driver was speeding and ran a red light, colliding with the vehicle of the deceased. In this case, the speeding driver had a duty to obey traffic laws, breached that duty by running the red light, and directly caused the accident that led to the death.  

This scenario illustrates the chain of causation necessary for a successful wrongful death claim. The evidence might encompass traffic camera footage, witness statements, and accident reconstruction reports to support the claim of negligence. 

Damages Available in a Wrongful Death Claim  

Under Georgia Law, the “full value of the life of the decedent, as shown by the evidence” means the full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived.  

This means that you deserve compensation for the loss of your loved one's love, companionship, support, and other non-economic factors.  

Here's an overview of the damages your settlement could cover: 

  • Economic damages, such as lost income and funeral expenses

  • Non-economic damages, including pain and suffering, mental anguish, and loss of companionship

  • Punitive damages, which are less common and are meant to punish the defendant for incredibly careless or malicious actions

The Burden on Families in the Legal Process  

Wrongful death claims are complex, and they require surviving family members to balance the legal process with the devastating emotional toll of their loss. But you don't have to shoulder this burden alone. At The Harding Law Firm, LLC, we fight for your right to compensation while allowing you time to grieve and heal.  

We'll help you understand the process and prepare for what to expect, including: 

The Emotional Cost of Litigation  

Litigation is emotionally taxing, especially for those directly impacted. An experienced lawyer can help shield you from the more arduous aspects of the legal process, allowing you to focus on healing.  

Facing Defendants and Insurers  

For many families, the process includes confronting the individuals or institutions held accountable for the wrongful death. A legal representative can act as a buffer between you and the system, ensuring your rights are respected and represented.  

Valuing Your Loss  

The legal system acknowledges the immeasurable worth of a human life. Through courts and settlements, it seeks to impose a value on the loss that reflects the person’s significance and the impact the death has had on their loved ones.   

Wrongful Death Attorneys in Griffin, Georgia   

The personal injury attorneys at Harding Law Firm, LLC, stand ready to provide the support and legal counsel you need during this trying time. They encourage you to reach out and begin the conversation about your case, ensuring that every step forward is a step toward justice for your family. They’ll meet you with sympathy, and they’ll be ready to help in any way they can.