Losing a loved one due to someone else's actions is a tragic and overwhelming experience. A sense of injustice often compounds the grief and pain that follow. When a family member dies because of another person’s negligence or misconduct, you may feel a strong need to pursue justice and accountability.
An Athens wrongful death lawyer with Hall & Collins Injury Lawyers is standing by to provide the legal support you need to seek financial relief and hold those responsible accountable.
Wrongful death cases can help grieving families find some closure, but they also play a significant role in easing the financial burdens that come with a sudden loss. With a wrongful death lawyer by your side, you can focus on remembering your loved one while your attorney focuses on fighting for fair compensation on your behalf.
Table of Contents
- Understanding Wrongful Death Claims vs. Estate Claims in Georgia
- Who Can File a Wrongful Death Claim in Georgia?
- Damages You Can Pursue in a Wrongful Death Claim
- Why You Should Choose Our Firm
- We Understand Georgia's Wrongful Death Laws Inside and Out
- The Importance of Timeliness in a Wrongful Death Case
- How an Athens Wrongful Death Lawyer Helps Your Family
- Factors That Affect the Value of a Wrongful Death Claim
- Let Hall & Collins Injury Lawyers Help You Move Forward
Understanding Wrongful Death Claims vs. Estate Claims in Georgia
If you’re considering pursuing legal action, it’s important to understand the difference between a wrongful death claim and an estate claim under Georgia law.
While both types of claims arise from the same event – the wrongful death of a loved one – they address different aspects of loss and serve different purposes.
Understanding these distinctions can clarify your options and help you work with your Athens wrongful death lawyer to determine which claims apply in your case.
Wrongful Death Claims: Focusing on Loss to Family Members
A wrongful death claim in Georgia is aimed at compensating the family members for the loss they’ve suffered due to the untimely death of their loved one. Surviving family members can file these claims, typically starting with the spouse, followed by children and parents.
In a wrongful death claim, you’re seeking damages for the "full value of the life" of the deceased. This includes the tangible, such as lost income, and the intangible, like the loss of companionship, guidance, and emotional support. Essentially, wrongful death claims seek to represent the financial and emotional value that the loved one provided to their family members.
Estate Claims: Addressing Financial and Medical Costs
An estate claim, on the other hand, is filed by the executor or administrator of the deceased’s estate and aims to cover expenses and damages that the deceased experienced personally due to their wrongful death.
These damages may include medical bills, funeral and burial costs, and the pain and suffering endured by the deceased before they passed away.
The estate claim (also called a “survival action”) essentially represents the losses suffered by the estate itself rather than the family members directly. Any compensation awarded through an estate claim goes to the deceased’s estate which distributes it according to their will or Georgia’s intestacy laws if the deceased left no will.
In short, a wrongful death claim is centered around the family’s losses, while an estate claim focuses on the expenses and suffering experienced by the deceased. These claims can proceed separately or together, depending on the circumstances, and an Athens wrongful death attorney can determine which path is best suited for your family’s needs.
Who Can File a Wrongful Death Claim in Georgia?
The right to file a wrongful death claim in Georgia is limited to specific family members.
According to Georgia law, the following people may bring a wrongful death claim:
- The surviving spouse: If the deceased was married, the surviving spouse has the first right to file a wrongful death claim. The spouse also represents the interests of any minor children, although the spouse is entitled to at least one-third of the total recovery.
- Children: If there’s no surviving spouse, the children of the deceased can file.
- Parents: If the deceased was unmarried and had no children, the parents of the deceased may file a wrongful death claim.
- Administrator of the estate: If there’s no surviving spouse, children, or parents, the executor or administrator of the deceased’s estate may pursue a claim. The claim proceeds will be distributed to the deceased’s next of kin.
Damages You Can Pursue in a Wrongful Death Claim
In a Georgia wrongful death claim, damages aim to represent the full value of the deceased’s life.
These damages provide relief for both the financial and emotional aspects of loss and include two main categories:
- Economic damages: These include quantifiable financial losses, such as the deceased’s lost income, future earnings, benefits, and other income that would have been provided over the course of their life. Economic damages may also consider the value of services the deceased contributed to their household.
- Non-economic damages: Non-economic damages represent the intangible aspects of loss, including the loss of companionship, love, and guidance the deceased provided to their family members. These damages are harder to quantify but are equally important in wrongful death claims.
Both types of damages play a role in acknowledging the various ways the deceased’s death affects their family. Working with an Athens wrongful death lawyer can reflect each aspect of your loved one’s life and contributions in the compensation pursued.
Why You Should Choose Our Firm
When you’re dealing with the loss of a loved one, the idea of hiring an attorney can be the last thing on your mind. But at Hall & Collins Injury Lawyers, we’re committed to making this process as supportive and straightforward as possible.
Choosing the right Athens wrongful death lawyer means selecting someone who’s not only well-versed in Georgia’s wrongful death laws but also deeply compassionate and passionate about helping families through their darkest hours. Here’s why you should choose us:
We Understand Georgia's Wrongful Death Laws Inside and Out
Georgia’s wrongful death laws have specific requirements, limitations, and nuances. When you work with us, you’re working with a team that truly understands how these laws apply to your case and how to build a compelling claim on your behalf.
We ensure every aspect of your case is presented effectively, from gathering evidence to assessing damages that cover the full extent of your family’s loss.
We Work with Families, Not Just Clients
At Hall & Collins, we see each case as a personal commitment. We know that wrongful death claims aren’t just about compensation – they’re about justice, closure, and honoring the memory of your loved one.
We take the time to get to know each family, understanding their unique needs and goals to provide personalized representation. We’re here to answer your questions, offer support, and guide you every step of the way.
We Operate on a Contingency Fee Basis
Our attorneys believe financial concerns shouldn’t stand in the way of seeking justice. That’s why we operate on a contingency fee basis, meaning you don’t pay anything unless we secure compensation for your family.
This arrangement allows you to pursue justice without the added burden of legal fees, letting you focus on healing and honoring your loved one while we handle the legal aspects of your case.
We’re Passionate About Helping Grieving Families Find Justice
Losing a loved one due to another’s actions is one of the hardest things a family can endure.
At Hall & Collins, we’re committed to helping families find justice, accountability, and financial relief. We approach every wrongful death case with empathy and determination, recognizing that each case represents a family looking for answers and support.
Our team can fight for your family’s rights and honor your loved one’s memory.
The Importance of Timeliness in a Wrongful Death Case
Georgia imposes a statute of limitations on wrongful death claims, meaning there’s a limited window to file your claim. This window is typically two years from the date of death, though certain circumstances can extend or shorten this period. It’s essential to act within this timeframe to preserve your right to compensation and prevent delays in the legal process.
An Athens wrongful death lawyer promptly preserves evidence, contacts witnesses, and files all necessary documents on time. This proactive approach gives your claim the best chance of success and avoids potential pitfalls that can arise from delays.
How an Athens Wrongful Death Lawyer Helps Your Family
A wrongful death attorney plays a multifaceted role, involving everything from investigating the death’s circumstances to negotiating with insurers. Here’s how an Athens wrongful death lawyer can help your family:
Gathering Evidence
A strong wrongful death claim requires compelling evidence that supports your case. This may include accident reports, witness statements, medical records, and financial documentation that illustrate the impact of the death on the family.
Your attorney will work with you to gather all necessary information, helping to build a clear and comprehensive case.
Negotiating with Insurance Companies
Insurance companies often try to minimize their payouts in wrongful death cases. An Athens wrongful death lawyer knows how to handle these negotiations, pushing for a settlement that reflects the full extent of your family’s losses.
By handling the negotiations, your lawyer can protect you from accepting a lowball offer that doesn’t address your needs.
Pursuing a Trial If Needed
While many wrongful death cases settle outside of court, some cases proceed to trial. If your case requires litigation, your lawyer will represent you in court, presenting your case to a judge or jury.
This process involves preparing witnesses, submitting evidence, and crafting a legal argument that highlights the impact of the death on your family. An attorney who’s prepared to go to trial can demonstrate to the other side that your case deserves fair consideration, often leading to better settlement offers.
Offering Support and Guidance
Beyond the legal work, a wrongful death lawyer provides support, guidance, and compassion during a challenging time. They can help you understand your rights, answer questions, and keep you informed about each step of the process.
An experienced Athens wrongful death attorney will prioritize your family’s needs.
Factors That Affect the Value of a Wrongful Death Claim
Each wrongful death case has unique circumstances, and several factors can impact the value of your claim. Understanding these factors helps you see what may affect the compensation you can pursue.
The Age and Health of the Deceased
This factor can significantly impact the value of a wrongful death claim. Younger individuals with longer life expectancies and solid earning potential often lead to higher compensation amounts, as their potential contributions would have extended further into the future.
The Relationship to the Claimant
Again, Georgia’s wrongful death laws permit specific family members, like spouses, children, and parents, to file a claim. Each relationship type can affect potential damages.
Spouses, for instance, may seek compensation for companionship, while children may receive damages for lost guidance and parental support. The unique relationship reflects different types of loss that are considered when calculating the claim’s value.
Circumstances of the Death
The details of how the death occurred also affect compensation. Cases involving extreme negligence or intentional misconduct may justify higher compensation, especially if you can recover punitive damages. Your Athens wrongful death lawyer can highlight these circumstances to strengthen your claim.
Financial Contributions
Your loved one’s financial contributions to the household, such as income, benefits, and services, are essential in determining the economic aspect of your claim. Lost earnings and contributions often serve as a foundation for calculating damages, capturing the financial void left by their absence.
Working with an Athens wrongful death lawyer ensures that each of these factors is carefully assessed and included in your claim, allowing your family to seek fair compensation that reflects all aspects of your loss.
Let Hall & Collins Injury Lawyers Help You Move Forward
If you’ve lost a loved one due to someone else's negligence, let us seek justice for you. Trust our team to stand by your side, passionately pursuing your family’s rights.
Contact a Hall & Collins, Athens, Georgia wrongful death lawyer today for a free consultation, and let us find a path toward justice. You can call (706) 381-6055 or use our online contact form to get in touch.