Wrongful Death Attorney in Savannah GA
Last Updated on November 24, 2020 by Theodore Spaulding
Top-Rated Lawyers With The Experience Needed To Help Your Family Win In Court
- In Georgia, if your loved one dies accidentally because someone else was careless, a wrongful death attorney from our team will fight for the justice and the compensation that your family is entitled to by law.
- We are recognized by our peers as a top law firm in the state. Personal injury attorneys Theodore Spaulding and Jeremy Hayes are skilled, experienced, and aggressive. They work hard on behalf of families who have unexpectedly and wrongly lost a loved one.
- Attorneys Theodore Spaulding and Jeremy Hayes have each been named to the “Top 100 Trial Lawyers” and “Top 40 Under 40” lists. They both have a 10/10 rating on AVVO, the legal ratings service.
- Every family that we represent in a wrongful death case receives aggressive, honest legal representation from a lawyer who understands that you have suffered a tremendous and difficult personal loss.
Our Skilled Legal Team Wins Justice For The Families Of Wrongful Death Victims
Dangers pop up everywhere these days. Without warning and for no particular reason, your cigarette lighter or your cell phone could explode. What you eat could poison you. Just driving home from work could get you killed by a drunk driver.
In the state of Georgia, if you lose a loved one because of another person’s negligent, intentional, or reckless action or inaction, your family may be entitled to compensation. Of course, there must be time for grieving, but families must file a wrongful death claim as quickly as possible.
Pending medical bills, funeral and burial costs, and the unexpected loss of a family member’s regular income can add substantially to the challenges that surviving family members must face. An experienced wrongful death lawyer at Spaulding Injury Law can help.
If you suddenly lose a spouse, a child, or a parent, it can be tough for anyone to concentrate on anything except grief. However, you must speak right away to an attorney who can protect your family’s rights and begin working on your family’s behalf.
Below are some FAQs our wrongful death law has received in the past:
- What Is The Legal Definition Of A “Wrongful” Death?
- What Are Your Family’s Rights After A Wrongful Death?
- Who Qualifies To File A Wrongful Death Claim In Georgia?
- How Is “Negligence” Legally Defined? What Is A “Duty” Of Care?
- What Does It Take To Prevail With A Wrongful Death Claim?
What Is The Legal Definition Of A “Wrongful” Death?
Under Georgia law, a death is considered “wrongful” when it is the consequence of someone else’s reckless, negligent, or intentional action (or inaction). Individuals, businesses, and even agencies of government may be named as defendants in wrongful death claims.
Wrongful death cases arise from fatal traffic collisions, boating mishaps, slip-and-fall accidents, accidents involving defective consumer products, dog bites, and drownings. Whenever someone dies because someone else was careless in any situation, there is a potential wrongful death case.
What Are Your Family’s Rights After A Wrongful Death?
Under Georgia law, surviving immediate family members may be entitled to monetary compensation for damages related to a family member’s wrongful death. However, to acquire that compensation, the family will need a wrongful death attorney’s advice and representation.
Plaintiffs in a wrongful death case – that is, the surviving family members – may be entitled to compensation for their loved one’s pending medical bills, funeral and burial costs, the loss of projected earnings, and the loss of consortium and companionship.
Who Qualifies To File A Wrongful Death Claim In Georgia?
The law in our state sets forth exacting rules regarding who is qualified to file a wrongful death claim. But even with those established rules, wrongful death cases in this state can easily become quite convoluted and confusing.
In this state, if the deceased – the victim of the wrongful death – was married at the time of the death, only the spouse may bring a legal action for wrongful death.
If the deceased was not married, the children may sue for wrongful death; if the deceased was unmarried and childless, either parent may sue for wrongful death. Only if there is no living spouse, children, or parent does a right to sue transfer to an administrator of a decedent’s estate.
How Is “Negligence” Legally Defined? What Is A “Duty” Of Care?
“Negligence” in civil law is the failure to act with reasonable care when there is a duty to do that. Generally speaking, the duty to act with reasonable care it is a duty to keep others safe proactively and to avoid behaving in a way that might cause personal injury or wrongful death.
When we’re driving, for instance, we owe other motorists and pedestrians a duty to drive safely and prudently. Property owners likewise owe their visitors a duty to keep their properties free of potential hazards. Product manufacturers must ensure that their products are safe for consumers.
What Does It Take To Prevail With A Wrongful Death Claim?
The burden of proof in civil cases such as wrongful death cases is slightly lower than the burden of proof in criminal cases. You don’t have to prove a wrongful death claim “beyond a reasonable doubt,” but you must demonstrate your claim with a “preponderance of the evidence.”
So how can our legal team help your family? What will we help you prove in order for your family’s wrongful death claim to prevail?
To succeed with a wrongful death claim, the surviving family members must demonstrate – with a preponderance of the evidence – these three claims:
- One or more defendants breached a duty of care toward the deceased.
- The breach of the duty of care was a direct cause of wrongful death.
- The compensation sought by the plaintiff(s) is a fair and appropriate sum.
Contact Our Savannah Wrongful Death Law Firm Today
If you have recently lost a loved one, you are probably not thinking about legal matters, but you must speak to a qualified wrongful death lawyer as swiftly as you can.
When you lose a loved one through wrongful death, you’ll need to handle financial, legal, and emotional matters as you are grieving and healing. A reliable lawyer can help.
We will be your family’s advocate. A successful wrongful death claim can help your family face your unexpected expenses and a sudden loss of income. A wrongful death attorney from our law firm can help your loved ones move forward positively and constructively.
If you have lost a loved one because another party was negligent, we can help. Contact us to learn more. At your family’s time of grief, Spaulding Injury Law will protect your family’s rights and interests and fight for the justice you deserve.