Understanding Wrongful Death Claims in Georgia: What You Need to Know

Losing a loved one is one of life’s most difficult experiences. When that loss is caused by someone else’s negligence, recklessness, or wrongful actions, the grief is often compounded by uncertainty about your legal rights. At The Sullivan Law Firm, we recognize the emotional and financial strain your family is facing during this painful time.

What Qualifies as a Wrongful Death in Georgia?

Under Georgia law, a wrongful death is one caused by the negligent, reckless, or criminal acts of another person or entity. At The Sullivan Law Firm, we focus our practice on cases involving negligence or recklessness rather than intentional criminal acts. Essentially, if your loved one would have had grounds for a personal injury lawsuit had they survived, then you may have the legal right to pursue a wrongful death claim.

Some common causes of wrongful death cases in Statesboro and across Georgia include:

• Fatal car, truck, or motorcycle accidents on Georgia’s highways and local roads;
• Premises liability incidents, such as deadly falls or security failures on someone else’s property;
• Defective or dangerous products that lead to fatal injuries.

The Legal Framework in Georgia

Georgia has specific laws governing wrongful death claims, outlining who is eligible to file and what types of compensation can be pursued. Generally, the deceased person’s spouse, children, parents, or personal representative can initiate the claim. Since these legal statutes can be complex, working with experienced legal professionals is crucial.

Key Components of a Wrongful Death Claim

To successfully prove a wrongful death claim in Georgia, certain legal elements must be established:

• Duty of Care: Demonstrating that the defendant owed a legal duty to act with reasonable care to avoid harming the plaintiff.
• Breach of Duty: Demonstrating that the defendant breached his or her duty to the plaintiff by acting negligently or recklessly.
• Causation: Proving that the defendant’s negligent or reckless behavior was the main cause of the death.
• Damages: Quantifying the losses that resulted from the death, including medical expenses, funeral costs, lost wages and benefits, and loss of companionship.

Navigating these elements requires a deep understanding of the law, which our attorneys at The Sullivan Law Firm have gained through decades of experience in handling wrongful death cases.

Pursuing a Wrongful Death Claim: A Step-by-Step Guide

Pursuing a wrongful death claim involves several steps, starting with an investigation into the death. Once the necessary evidence has been gathered, an offer of settlement can then be presented to the at-fault party. If an amicable settlement cannot be reached, then the claim must be pursued in court by filing a lawsuit. Although most cases settle before trial, sometimes the plaintiff must receive a judgment against the defendant in court before collecting compensation. Each step of this process must be meticulously handled to ensure that your family receives the compensation it deserves.

The Importance of Legal Representation

​​Having experienced legal representation is crucial in wrongful death cases. The right legal team not only drastically increases your chances of a successful outcome but also provides much-needed support during an already difficult time. Families often face challenges such as pushback from insurance companies or complexities in proving negligence. Overcoming these hurdles is far easier with knowledgeable attorneys by your side.

Losing a loved one is devastating, and the legal process that follows can be overwhelming. Our compassionate and experienced legal team is here to guide and support you through every step of the way. If your loved one’s death was caused by someone else’s negligence in Statesboro, Georgia, contact The Sullivan Law Firm for a free consultation.