Wrongful Death Attorneys in Savannah Helping You Start Down the Road to Recovery
No one should have to suffer the loss of a loved one due to someone else’s negligence or recklessness. If you have lost a family member in an accident, you may be feeling devastated, confused, and even angry. You may not know where to turn or what your next steps should be.
Losing someone is one of the most difficult things a person can go through. It can be especially hard when that person is taken from you in an accident that could have been prevented. You may feel like you are in a fog, not able to think or make decisions. This is completely normal. The Jarrett & Price LLC wrongful death lawyers in Savannah want to help you start down the road to recovery.
We offer compassionate care and guidance during this difficult time. We will work painstakingly to get justice for your loved one and to hold the responsible party accountable for their actions. If you have lost a family member in an accident, please call our office at (912) 401-8880 for a free consultation. We will do everything we can to help you get through this tough time.
What Is a Wrongful Death Claim and How Do I File One?
The death of a loved one is always a tragedy, but when it is caused by someone else’s negligence, it can be especially difficult to cope with. If you have lost a loved one in an accident that was caused by someone else, you may be wondering if you have any legal recourse. The answer is yes–you may be able to file a wrongful death claim.
A wrongful death claim is a civil lawsuit brought by the surviving family members of someone who was killed due to another person’s or entity’s negligence. In Georgia, the law requires that certain family members be alive at the time of filing the claim to have legal standing. These family members include the deceased person’s spouse, children, and parents.
The purpose of a wrongful death claim is to seek compensation for the survivors’ losses. This can include economic damages like lost earnings and medical expenses, as well as non-economic damages like pain and suffering and loss of companionship.
If you believe you have a valid wrongful death claim, you should speak with a qualified lawyer as soon as possible. It is important to act quickly, as there are statutes of limitations in place that limit the amount of time you have to file a claim. The first step in filing a wrongful death claim is to speak with an attorney who can advise you on your best course of action. An experienced lawyer will be able to guide you through the process and help you ensure that you receive the compensation you deserve. At Jarrett & Price LLC, our wrongful death lawyers have extensive experience handling these types of claims.
What Are the Elements of a Wrongful Death Claim?
While nothing can bring back your loved one, filing a wrongful death claim can help you obtain some measure of justice. It can also provide much-needed financial compensation to help you through this difficult time.
If you are considering filing a wrongful death claim in Georgia, it’s important to understand the elements that must be present for the claim to be successful. Here’s what you need to know.
-Duty: The first element that must be present in a wrongful death claim is the existence of a duty. That is, the person or entity against whom you are filing the claim must have owed a duty of care to your loved one. For example, all drivers owe other motorists on the road a duty to drive safely.
-Breach of duty: The second element is a breach of that duty. In other words, the person or entity against whom you are filing the claim must have failed to uphold their duty of care. When a driver runs a red light and hits another car, they have breached their duty to drive safely.
-Causation: The third element is causation. This means that the breach of duty must have caused the death of your loved one. If a driver is driving recklessly, causing the death of the other driver, the causation element is present.
-Damages: The fourth and final element is damages. This means that you must have suffered some sort of financial loss as a result of your loved one’s death. For example, if you are unable to work because of your grief, you may be able to recover lost wages in a wrongful death claim.
If all of these elements are present in your case, you may have grounds for a successful wrongful death claim. To learn more about your legal rights and options, contact a wrongful death lawyer today.
How Much is My Wrongful Death Claim Worth?
The value of a wrongful death suit will vary depending on the circumstances of the case. The Savannah wrongful death attorneys at Jarrett & Price LLC will investigate all aspects of your loved one’s death to ensure that you receive the maximum compensation possible. Considerations in determining the value of a claim may include:
- The age, health, and life expectancy of the deceased
- The earning capacity of the deceased
- The pain and suffering endured by the deceased before death
- Loss of consortium for surviving spouses and minor children
- Medical expenses incurred before death
- Funeral expenses
- Loss of earnings and benefits
- Punitive damages, if warranted
Georgia law provides that “the full value of the life of the decedent” is determined by the evidence and 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.” OCGA § 51-4-1. The value is determined based on the value of the life to the decedent. So, in other words, it is not the value of the life of a deceased person’s surviving spouse or children, but rather the value of the deceased person’s life to himself. Brock v. Wedincamp, 253 Ga. App. 275, 281-82 (2002). A jury has to step into the mind of the deceased person to provide a value, which includes not only the economic losses, but also the intangible losses in determining the value of the decedent’s life. This includes things that do not have an objective value, like the value of being able to raise a minor child, walk a daughter down the isle, or be able to hold a newborn grandchild.
Wrongful death accidents are those that occur because of someone else’s negligence or carelessness. If your loved one has died in such an accident, you may be entitled to compensation for your loss. The experienced wrongful death lawyers at Jarrett & Price LLC can help you recover damages for your losses.
Who Can File a Wrongful Death Claim in Savannah?
The Official Code of Georgia Annotated (OCGA) § 51-4-2 provides the statutory authority of who can file a wrongful death claim. The people who can file a wrongful death claim in Georgia are as follows:
- The surviving spouse, or in the case of no surviving spouse, the child or children of the decedent;
- When a child dies, the parent may bring a wrongful death claim for the full value of the life of the child;
- When there is no surviving spouse or children of the decedent, the administrator of the decedent’s estate may bring an action for the full value of the life of the decedent.
How Can an Attorney Help Me Win My Wrongful Death Case?
If you have suffered the wrongful death of a loved one, you want experienced legal help to ensure that you are fairly compensated. The loss of a family member is a tragic event, and no amount of money can truly make up for your loss. However, recovering damages for a deceased person in a wrongful death lawsuit can help ease the financial burden placed on you and your family.
Our Savannah, Georgia wrongful death attorneys at Jarrett & Price LLC have significant experience handling these sorts of situations. We understand the laws governing wrongful death claims in Georgia, and we know how to build a strong case on your behalf. When you work with us, we will:
- Conduct a thorough investigation into the circumstances surrounding your loved one’s death
- Collect all evidence to support your claim, including eyewitness testimony, medical records, and expert reports
- Build a strong legal argument to support your claim for damages
- Aggressively negotiate with the insurance company on your behalf
- Take your case to trial if necessary to get you the compensation you deserve
You should not have to bear the financial burden of another person’s negligence. To learn more about how we can help you, contact us today at (912) 401-8880 for a free consultation.