It is a tragedy when a loved one passes away, especially when the death could have been prevented. The bills and hardship just add to the feelings of grief and injustice.
If a member of your family has died due to the actions of another, Roden Law may be able to help you. Our dependable Savannah wrongful death attorneys understand the pain you are going though, and we can help you recover compensation for the losses you have suffered.
Our law firm has won millions of dollars in compensation for our clients, and we can put that success to work on your behalf. We charge no upfront fees of any kind because we work on contingency – we get paid only if you do. Contact us today to see how we can help you get the justice and compensation you deserve.
Call 1-844-RESULTS to schedule a free, no-obligation case review with a wrongful death lawyer in Savannah.
What Is a Wrongful Death?
A wrongful death is defined as the death of an individual due to the negligent, reckless, intentional or criminal acts of another person or entity. Similar to Savannah personal injury lawsuits, wrongful death cases that are based on negligence require proving that the at-fault party failed to act with reasonable care and those actions caused the victim’s death.
A wrongful death can be caused by an accident involving a:
- Falling or moving object
Wrongful deaths can also be caused by negligence due to:
- Defective or poorly designed products
- Medicine with incomplete or improper safety instructions
- Contact with a poisonous substance
- Safety failure at a workplace or public area
- Medical malpractice
- Poor nursing home care
- Lethal actions while committing a criminal act
- Drunk driving
A person may also cause a wrongful death on purpose, including:
- Assault and battery
- Vehicular manslaughter
It is important to note, however, that a wrongful death lawsuit is a civil action, not a criminal action. Criminal charges do not have to have been filed relating to the person’s death in order for you to have a wrongful death case.
If someone you love was killed by another’s actions, contact Roden Law today. A Savannah wrongful death lawyer on our team can review your claim to determine if you have a case. We will discuss your legal options and determine whether you are entitled to monetary support.
Complete our Free Case Evaluation form today so we can review your claim.
Compensation for a Wrongful Death
Although a wrongful death lawsuit cannot change the death of your loved one, it can help you achieve some sense of justice and financial stability during this painful time.
A wrongful death claim, as explained in Official Code of Georgia Annotated § 51-4-1, provides for the full value of the life of the deceased person. This value is based on the deceased person’s perspective, not the surviving family members. It can include both the economic value of the deceased’s life and the non-economic value.
The economic value will be calculated based on the total earnings and income he or she would have likely accumulated in the remainder of his or her expected lifetime. The total value is not to be reduced by subtracting any of the personal expenses he or she would have spent. This can include lost:
- Retirement benefits
- Insurance benefits
Non-economic compensation that may be recovered through a wrongful death claim includes intangible elements of the person’s life that do not have a direct monetary value. This can include lost:
- Enjoyment of life
- Companionship, affection or intimacy for loved ones
- Emotional support and guidance for loved ones
According to O.C.G.A. 51-4-2(e), the compensation recovered from a wrongful death claim is not subject to being used to pay for the deceased’s debts or liabilities.
The Savannah wrongful death lawyers at Roden Law will work with financial experts to calculate the proper monetary value of the losses your loved one suffered. We will work to help you receive the full value of your claim.
Get started today with a free case review by calling 1-844-RESULTS.
Who Can File a Wrongful Death Claim?
O.C.G.A. § 51-4-2 states that certain people may file a wrongful death claim, including the deceased’s:
- Spouse – The compensation recovered from a wrongful death claim should be distributed evenly between the surviving spouse and children. However, a surviving spouse is entitled to no less than one-third of the award. If the deceased person did not have children, the spouse is entitled to the full value of the award.
- Children – If there is no living spouse, the deceased’s surviving children will receive equal shares of the recovery. Any compensation awarded to a minor child that is less than $15,000 must be held by the child’s guardian. Compensation worth more than $15,000 will be held by the guardian of the child’s property.
- Parents – If there is no living spouse or child, the deceased’s surviving parents will be entitled to file a wrongful death lawsuit.
- Executor of the will – If there is no living spouse, child or parent, the executor of the will can file the claim.
Contact a skilled Savannah wrongful death attorney today at Roden Law to see how we can help you get the compensation you deserve. There is no risk to you to talk to us and we work on contingency only. That means you pay us absolutely nothing unless we are able to help you get compensation for your loss.
Call us at 1-844-RESULTS to schedule a free evaluation of your case.
Wrongful Death Estate Claim
Similar to a wrongful death claim filed by the surviving family members of the deceased, the deceased’s estate also has the right to file a claim seeking compensation for the expenses it incurred during the time between the deceased’s injury and death.
This can include compensation for:
- Medical expenses
- Pain and suffering
- Funeral expenses
The deceased’s will will identify who is in charge of his or her estate and who will handle the estate claim. If there is no will, O.C.G.A. § 53-2-1(c) dictates who can bring the claim. Generally, the surviving spouse and any children are first in the order of intestacy to file the claim. If neither exists, then the deceased’s parents can file the claim, followed by any surviving siblings if there are no surviving parents.
Our Savannah wrongful death lawyers will review the details of your loved one’s death to determine all types of claims and compensation that may be entitled to you. We will work to help make sure you receive what is owed to you.
Complete a Free Case Evaluation to learn more.
How Long Do I Have to File a Wrongful Death Claim?
In most situations, a wrongful death claim must be filed within two years of the negligent act that caused your loved one’s death. This means that if your loved one was injured in an accident and died on the same day, you will have longer to file a claim than someone whose loved one was injured in an accident, but did not die for several days, weeks or months. In either case, the statute of limitations begins to run on the date of the accident or incident that ultimately led to the death.
While this is the general length of time you have to file a wrongful death claim, every case is different and there could be circumstances that extend or shorten the amount of time you have to file a claim.
Because of this, it is vital that you contact a wrongful death lawyer in Savannah as soon as possible following the death of a loved one. We will work quickly and diligently to investigate your loved one’s death and build a claim on your behalf to help ensure your claim is filed on time.
Contact Roden Law today: 1-844-RESULTS
Contact a Savannah Wrongful Death Lawyer for Help
If you have lost a member of your family due to the harmful actions of another person or entity, the caring team at Roden Law may be able to help you recover compensation. It is tragic to lose a loved one, and the bills that occur after the person’s death just add to the stress of dealing with this painful situation.
One of our wrongful death attorneys in Savannah will listen to you, evaluate how the death happened, and assist you with moving forward with your case. Your lawyer at Roden Law will review your options with you and discuss how to proceed.
Our history of successful outcomes and satisfied clients proves our excellent, individualized, personal service. And we charge no fees unless we are able to help you recover compensation for your losses and expenses, so there is no risk to you.
Contact us today to see how we might help you in this difficult time. Perhaps we can help make it a little less difficult.