What Is A Wrongful Death Claim?
Taking a look at how the state of Georgia handles wrongful death lawsuits.
When an individual passes away because of another person’s negligence or misconduct, the loved ones of the decedent may sue for “wrongful death”. The purpose of a wrongful death lawsuit is to seek financial restitution for the survivors’ loss. This can include funeral expenses, lost wages for the deceased, and emotional damages.
Dealing with the loss of a loved one is devastating. While no amount of financial compensation can bring back the life lost, it certainly plays an important role in comforting the survivors and holding negligent actions accountable.
Suing for wrongful death can be a complicated and tedious process. With the assistance of a qualified attorney, you can be sure that your case is managed with careful consideration every step of the way.
Dealing with these matters on your own deprives you of your time to grieve your loss. Giannini Law Office stands ready to help you navigate these trying times with our thoughtful legal guidance so that you can focus on moving forward.
What Qualifies As A Wrongful Death Lawsuit?
A wrongful death lawsuit can reveal itself in a variety of ways. Given that this is a type of personal injury claim, you must demonstrate that your loved one died as a result of another’s negligent or malicious act. This will allow you and your family to receive complete compensation for your losses.
Common examples of wrongful death causes include:
- Medical malpractice
- Motor vehicle accidents
- Premises liability injuries (such as slip-and-fall accidents)
- Defective products
- Deliberate assaults and/or killings
- Pedestrian accidents
- Work accidents
In order to prove that negligence or malintent occurred, you must display that the liable party had the responsibility of taking appropriate care to avoid killing or injuring your loved one. Doing this requires extensive evidence supporting your claim, which is accomplished with specific legal knowledge surrounding this area of law.
A wrongful death attorney will play an integral role in the success of your wrongful death case. They will provide you with the legal insight necessary to make calculated and informed decisions about your particular case. This will allow you to recover the compensation that you deserve.
Who Receives The Money In A Wrongful Death Settlement?
The financial payment received from a wrongful death settlement is distributed according to the laws of intestate succession. These laws are essentially the same ones that control the division of the decedent’s assets if there is no will.
For example, if there is a spouse and no children, the surviving spouse will receive 100% of the settlement. In cases where there is a surviving spouse with one child, the payment will be split equally. Similarly, if there is a surviving spouse and two children, the settlement will be divided three ways.
In cases with three or more children, the surviving spouse will never obtain less than one-third of the settlement. Once the surviving spouse receives their payment, the rest of the funds are divided amongst the remaining children heirs.
If the decedent was not married and did not have any children, any surviving parents would be entitled to the entire settlement amount.
Understanding the intricacies of settlement division can be complicated. Gain the clarity you need by speaking with a wrongful death compensation lawyer about your particular situation. This will allow you to make legal decisions that reflect the best interests of you and your family.
Have You Been Affected By A Wrongful Death In Lawrenceville, GA?
Get in touch with the Giannini Law Office, PC today to discuss your options with an experienced wrongful death claim lawyer.
As you pursue restitution for your losses, the Giannini Law Office will do whatever it takes to provide you with attentive and insightful legal guidance. Our firm understands the emotional toll that losing a loved one takes. Our mission is to make certain that you and your family are taken care of throughout the entirety of the process so that you can focus on healing and closure.
Are you looking for a wrongful death settlement lawyer in Gwinnett County, Georgia? If so, please do not hesitate to contact our office to get started with a free initial consultation today.
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