Did you lose a loved one due to an accident in Alpharetta, GA? Our experienced Alpharetta wrongful death lawyers at Shiner Law Group are ready to help fight for your legal rights and get the compensation you deserve. Call us today at (800) 364-4444 to speak with an attorney for a 100% free consultation.
You may be entitled to seek compensation for medical bills, loss of income, pain and suffering, and more. Contact our Alpharetta, GA law offices to discuss the legal options available to you following your loved one’s wrongful death. The following steps are very important. Let Shiner Law Group help you with your wrongful death case today.
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Are You Seeking a Wrongful Death Lawyer in Alpharetta For a Loved One?
You can avoid some of life’s problems through proper education, safety measures, and other efforts. One issue that may be impossible to avoid is a fatal injury caused by the negligent or harmful actions of another. If you’ve found yourself in this tragic situation in Alpharetta, GA, now is the time to seek help from a qualified Alpharetta wrongful death lawyer.
Shiner Law Group offers an experienced team of attorneys who can help you get the compensation you deserve after a wrongful death. We understand you’re going through an incredibly difficult situation, and we are here to support you through every step of the process. If you’re dealing with a wrongful death in Alpharetta, please contact us now to schedule your free consultation.
What is the Legal Definition of a Wrongful Death?
When someone causes a death through negligence or intentional harmful actions, that death is wrongful. These are civil cases, usually brought about by family members of the deceased. The purpose is to determine whether these surviving family members are owed damages to compensate for the emotional and financial hardships caused by the unexpected death. The accused may also face criminal charges for the same death.
Every state has its own rules for how wrongful death cases work. In Georgia, if a person causes the death of another without legal justification, the death is classified as wrongful. The use of deadly force is only justified in cases where the accused was defending their own life or the life of a third party. The plaintiff must prove there was reason to believe such force was necessary.
Typical Georgia Wrongful Death Cases
No two cases are exactly alike, but there are some common situations that can lead to a wrongful death lawsuit.
Car Accidents
Mishaps on the road are among the most common incidents behind wrongful death lawsuits. Even a good driver can occasionally become distracted at the worst possible moment, leading to a tragic error. However, a negligent driver isn’t necessarily at fault in every case. For instance, a faulty part or mistake during the manufacturing process could cause a mechanical failure and subsequent accident.
Defective Products
When a product’s defectiveness causes an illness or injury that leads to a person’s death, the surviving family can sue. Since most products on the market are created by teams rather than individuals, it will be crucial to determine the exact causes of the product’s defective nature. Is it a flaw in the product’s design? Did an error occur on the manufacturing level? An Alpharetta wrongful death lawyer has the experience needed to figure out the best way to approach such a case.
Accidents in the Workplace
In 2021, there were 5190 fatal workplace injuries in the United States. This is an 8.9% increase from the year before. With workplace incidents on the rise, it’s more important than ever to make safety a priority. Unfortunately, even on worksites with strict safety regulations, it’s still possible for a fatal injury to occur.
Some of the common causes of fatal injury in the workplace include:
- Transportation incidents
- Falls
- Electrocutions
- Contact with equipment or other objects
- Exposure to harmful substances
- Fires and explosions
Some of these incidents may be purely accidental in nature. In other cases, a mistake or negligence is the cause. For example, perhaps a site manager forgot to instruct employees on a certain safety procedure, or maybe a janitor forgot to place a warning sign on a wet floor.
Medical Malpractice
Doctors and nurses study for years to ensure they can provide excellent medical care to their patients, but even professionals can occasionally make a costly mistake. Aside from the practitioners, a wrongful death lawsuit for medical malpractice may focus on the hospital’s administration staff, a pharmacy, a pharmaceutical company, or even a medical equipment manufacturer. It all depends on what exactly went wrong and who is at fault for it.
Criminal Incidents
If someone causes a death, they may face both a criminal case and a civil wrongful death case. You may be able to sue for the death of your loved one even if the accused was acquitted in a court of law. This is because civil cases have a lower burden of proof than criminal cases.
Who Can File a Wrongful Death Case in Georgia?
Georgia law allows the deceased’s children, parents, or spouse to file a lawsuit for wrongful death. In cases where the person doesn’t have any living family members, it’s also possible for an estate representative to file the lawsuit.
If damages for wrongful death are awarded in Georgia, there’s an order of priority regarding who will receive them. The first priority is the surviving husband or wife. Next in line are the children. If the person was unmarried and childless, their parents can receive damages. After that, any damages awarded will go to the person’s estate.
Challenges and Restrictions on Alpharetta Wrongful Death Cases
Some cases of wrongful death are clear. The death was obviously caused by someone’s negligence, there’s solid proof of that negligence, and it’s easy for the lawyer to make the case. In other cases, the details surrounding the death are less clear, and proving wrongful death might be a lot harder. This is why it’s crucial to have an experienced Alpharetta wrongful death attorney on your side.
Burden of Proof
When making an accusation against someone, you have the burden of proof, meaning it’s your responsibility to prove what you’re saying is true. To do this, you’ll need documentation of the cause of death as well as evidence the accused party caused the situation with their negligent or criminal behavior.
Comparative Negligence
More than one person’s poor choices may contribute to a wrongful death. This includes the choices of the deceased. Under Georgia’s comparative negligence rule, the injured party or surviving family members can only receive damages if the court determines the injured party was no more than 49% at fault. If the court decides the injured person was partially responsible, the damages will cover the level of contribution of the accused party. This means in a case where the accused contributed 51%, the surviving family may collect compensation amounting to that percentage of the overall damages claimed.
Statute of Limitations
Georgia has a statute of limitations of two years for wrongful death cases. While this may seem like a long time, it passes quickly. This could make it difficult to collect the necessary evidence and handle other aspects of the case in a timely fashion. For this reason, if you suspect your loved one suffered a wrongful death in Alpharetta, it’s crucial to contact a lawyer as quickly as possible.
Proving Damages
Damages in a wrongful death case may cover situations like loss of income. If the deceased was head of household, an entire family may have relied on their income to get by. In such a case, surviving family may receive compensation for this financial loss, but first, they’ll have to show proof of the loss. For anyone with a steady job and set income, this shouldn’t be too hard, but in cases where one’s income isn’t stable, it could be more difficult.
What Types of Damages are Covered in an Alpharetta Wrongful Death Lawsuit?
Economic or Special Damages
When a family loses someone to a sudden death, the survivors may face great financial hardship. This might include funeral and burial expenses, loss of income, loss of physical property, medical bills, or other damages.
Non-economic Damages
A wrongful death causes damage to all areas of one’s life, and some of that damage isn’t easy to measure. Non-economic damages may include things like pain and suffering, loss of care, and reputation damage. Pain and suffering damages generally refer to the suffering endured by the deceased between the injury and their death.
Punitive Damages
Punitive damages are designed to further penalize or deter the defendant. To receive such damages in Georgia, the plaintiff must prove with convincing evidence that the accused’s actions demonstrated willful misconduct, malice, wantonness, fraud, or oppression.
Caps on Damages
There isn’t a cap on economic or non-economic damages for wrongful death in Georgia, although that wasn’t always the case. A 2005 law limited such damages to $350,000 for cases involving a single defendant and $1,050,000 for cases with multiple defendants. In 2010, the Georgia Supreme Court ruled this law unconstitutional.
When it comes to punitive damages, there’s still a cap of $250,000. However, this cap doesn’t apply if the case involved a defendant who either specifically intended to do harm or was intoxicated at the time of the incident.
What are the First Steps in a Wrongful Death Case?
Due to the aforementioned statute of limitations, it’s important to take action as quickly as possible if you suspect a wrongful death.
1. Reach Out to an Attorney
Your first and most important step is contacting a lawyer. Be sure to look for a law firm that specializes in wrongful death cases. Proving a wrongful death isn’t always easy. Only an experienced attorney can determine whether you have a case and how to best approach everything from gathering the evidence to arguing your case in court.
2. Collect Evidence
If your attorney believes you may have a case, you’ll need to gather evidence. This may include things like the autopsy report or death certificate, police reports about the incident, medical records, financial records, witness statements, and more. Your attorney will guide you on the specific documents required for your case.
3. Negotiations
Most wrongful death and personal injury cases never go to trial. It’s usually better for all involved to settle the case out of court. To do so, your attorney will carefully examine the situation and come up with a claim amount they can present for negotiations. Your lawyer will work hard to ensure you get awarded a settlement that covers all the damages you’ve endured. If the other side doesn’t agree to this settlement amount even after negotiations, the case will go to court. If this occurs, your attorney will continue to fight for the settlement you deserve.
Your Experienced Alpharetta Wrongful Death Attorney: Contact Shiner Law Group Now
Shiner Law Group’s attorneys are knowledgeable on all aspects of wrongful death law. The process can be challenging, but with a top-rated lawyer on your side, you’ll be more likely to reach a successful outcome.
Please reach out to us to schedule your 100% free consultation. Our representatives are available to speak with you 24 hours a day.