At the Butler Kahn, we understand how difficult someone’s passing can be for family and friends. If you recently lost someone close to you through a wrongful death, let us help you make the most of your legal right to compensation. Our attorneys are dedicated to helping our clients through some of the most difficult moments in their lives, including the passing of loved ones.
As with all personal injury cases, decisive action early on can significantly increase your chance of securing maximum compensation for a wrongful death. Call the Butler Kahn today for a free consultation with a Georgia wrongful death lawyer.
Georgia law does not define “wrongful death.” Instead, it allows certain surviving family members to secure compensation for the homicide of a loved one. The governing statute specifically defines homicide as follows: “[A]ll cases in which the death of a human being results from a crime, from criminal or other negligence, or from property which has been defectively manufactured, whether or not as the result of negligence.”
However, though family members may recover for the death of a loved one caused by a criminal act, wrongful death lawsuits seeking compensation are always brought as civil cases. Criminal prosecution may also be initiated as a separate action by the state.
This distinction comes with important consequences for your case. Prosecutors seeking to punish criminal acts must prove a defendant’s guilt “beyond a reasonable doubt.” The burden of proof is lower for family members seeking compensation. They need only prove their case “by a preponderance of the evidence.” In plain language, this means they need only prove that it was more likely than not that the defendant’s actions led to the death of their loved one.
Negligence is the most common (though not exclusive) legal theory underlying wrongful death cases. This theory is based on the idea that we must each take care to avoid causing injury to others. Successfully arguing negligence requires proving four elements. If any of these intuitive elements are missing, the claim fails. The elements are:
Again, negligence is not the only route to secure compensation for a wrongful death. For example, negligence normally implies that an accident took place. However, a wrongful death case can also arise from deliberate actions (for example, assault). If your loved one was killed because of a defective product, you can also seek compensation by filing a product liability claim.
No matter the circumstances of your loved one’s death, the attorneys at the Butler Kahn are here to help. Call today for a free consultation.
In Georgia, only certain people close to the decedent are authorized to file a wrongful death claim. If the decedent was married, their surviving spouse takes precedent in filing the claim. If they were unmarried, their surviving children take precedent, followed by surviving parents. If the decedent was still a minor, their surviving parents share precedent.
In Georgia, siblings and grandparents are ineligible to file a wrongful death claim. However, if there are no eligible family members to file a claim, a personal representative can file a claim on behalf of the decedent’s estate.
Again, no amount of money can truly compensate for the loss of a loved one. However, Georgia law recognizes the suffering such a loss may cause, as well as the injustice of letting perpetrators of wrongful deaths go unscathed by the consequences of their actions. Therefore, the law provides family members with an avenue to secure some form of compensation for the wrongful death of a loved one.
In particular, the law specifically allows eligible family members to recover “the full value of the life of the decedent, as shown by the evidence.” An important step in any wrongful death is considering what this might entail. Ultimately, family members of the decedent might secure compensation for:
A wrongful death attorney can be your closest ally in securing legal recognition and compensation for the death of your loved one. Among other things, an attorney can:
At the Butler Kahn, we are proud to provide excellent legal counsel and representation to our clients in some of the most challenging moments of their lives. If you have lost a loved one due to someone else’s actions, you and your family are likely entitled to legal compensation. Do not wait to have your case evaluated by a lawyer.
Our wrongful death attorneys are a call away. Contact our firm today for a free, no-obligation consultation. Let us put our experience to work for you.