Wrongful Death Lawyer in Augusta

In Augusta, Georgia a split-second accident can cause the unthinkable to happen. A family member could lose their life, and you may be left to pick up the pieces. You shouldn’t have to bear the enormity of your pain and suffering alone.

Wrongful death insurance claims are often met with reluctance from insurance giants who dismiss your grief and their negligence or offer you a paltry payout. You may be left with funeral costs and hospital bills you’ve never expected. If the family member you’ve lost was the sole breadwinner in your household, even basic bills may become hard to cover.

Nothing can bring back your loved one or heal your grieving heart, and it might prove difficult to find a way to navigate through life without them. However, if another party was responsible for your family member’s death, you may be able to seek monetary compensation.

The Scott Pryor Law Group can help you in your search for justice. A wrongful death lawyer in Augusta can support and advise you through the legal process and fight for the compensatory acknowledgement your family member deserves.

Your pain and suffering is unique to your experience, and The Scott Pryor Law Group cares about your personal story.

• What is wrongful death?    
• Most common reasons for a wrongful death claim in Augusta
• Georgia laws that could impact a wrongful death case
  • Statute of Limitations 
  • Wrongful Death Statute
• What to expect after you file a wrongful death claim    
• Compensatory damages in an Augusta wrongful death case 
  • Economic Damages
  • Non-Economic Damages
  • Punitive Damages
• Contact The Scott Pryor Law Group 

What is wrongful death?    

Wrongful death is legally considered a death that was caused by the direct or indirect grossly negligent actions of another party. Although a wrongful death claim could be associated with parties also facing criminal charges, gross negligence isn’t always intentional or criminal in nature. Nevertheless, intent isn’t necessary for a valid wrongful death lawsuit.

A wrongful death might occur in a variety of situations, including the following:

• Car Accident
• Construction Zone Accident
• Explosion
• Motorcycle Accident
• Pedestrian Accident
• Slip and Fall Accident
• Truck Accident
• Workplace Accident

A personal injury lawyer in Augusta from The Scott Pryor Law Group can help you to determine the course of action you should take, explain the merits of your case, and offer you support in the legal process.

Most common reasons for a wrongful death claim in Augusta

A wrongful death insurance claim or lawsuit could stem from many negligent situations. However, at The Scott Pryor Law Group, we often see certain scenarios that lead to valid wrongful death cases. 

Some examples include:

• Medical malpractice: Annually, close to 10% of medical malpractice claims include wrongful death cases. The Hippocratic Oath mandates that doctors do no harm, and all medical professionals are expected to practice a duty of care. Nevertheless, mistakes are made — whether intentionally or unintentionally — and unnecessary fatalities can result. Medical doctors are held to a high standard of duty of care, and are bound by the Hippocratic Oath to do no harm.
• Pedestrian accidents: According to the National Highway Traffic Safety Administration (NHTSA), in 2022, pedestrian deaths accounted for 18% of all traffic fatalities. If your loved one obeyed all traffic pedestrian laws but was killed by a negligent driver, this could lead to a wrongful death case in Augusta.
• Product defects: The Consumer Product Safety Commission (CPSC) estimates that there are 34,500 annual deaths in the U.S. due to product defects. Products sold without maintaining a standard of care and safety could lead to recalls and wrongful deaths. Known as product liability, hazardous defects are often a sign of gross negligence on the part of the manufacturer. For example, in 2020, IKEA’s product liability led to the wrongful death of two-year-old Jozef Dudek when an unstable IKEA dresser fell on him. Jozef’s parents were awarded $46 million. 
• Vehicle accidents: If your family member died as a result of a car, motorcycle, or truck accident, the at-fault driver might be liable for wrongful death.
• Workplace accidents: If your loved one died at work due to unsafe conditions or other workplace violations, their employer may be liable.   

Georgia laws that could impact a wrongful death case

In Georgia, state laws may have an impact on the progress of your wrongful death case. An Augusta wrongful death lawyer with The Scott Pryor Law Group can explain the nuances of these laws and how they might strengthen or weaken your legal claim.  

Let’s explore the Georgia laws that could benefit or adversely affect your case.

Statute of Limitations 

Georgia law § 9-3-33 mandates that all wrongful death lawsuits (which fall under personal injury law) are filed within two years of your family member’s passing. 

Although it’s vital that you file your claim as soon as possible to begin to turn the wheels of justice, if the defendant (s) in your case are also facing criminal charges, your case won’t proceed until a criminal verdict is reached.

The statute of limitations allows you significant time to determine your course of action, and protects the defendant (s) from frivolous or old claims.

The court may provide the following extensions to this statute:

• The statute of limitations may be extended for up to five years or until an estate has been settled if your family member did not have a verified will at the time of their death or leaves many estate claimants after they’ve passed.
• The statute of limitations can be extended if a defendant faces criminal charges that are directly related to the cause of your family member’s wrongful death. In this case, you can file after a verdict is reached or before six years has passed (whichever time period is shorter).      

Wrongful Death Statute

Georgia law O.C.G.A. § 51-4-2 mandates that:

• The spouse of the deceased should be the primary plaintiff in a wrongful death claim. However, the surviving spouse must prove that they are acting in the best interest of the deceased’s children.
• If your family member was not married at the time of their death but leaves surviving children (including those born out of wedlock), the children may file a wrongful death claim.
• Compensation in a wrongful death case must be divided equally among the adult or minor children of the deceased. However, a surviving spouse must receive at least one-third of any financial compensation.
• The parents of a deceased adult who was not married and did not have surviving children at the time of their death may file a wrongful death claim.
• Wrongful death claims can include compensation for the full value of the life of a deceased individual and any expenses related to their death.
• A minor child can file a wrongful death lawsuit, but a surviving parent or legal guardian must act as conservator of all awarded compensation.
• In order to file a valid wrongful death claim, the deceased’s death must have been caused by the negligence of another party. 

What to expect after you file a wrongful death claim    

Insurance companies are notorious for finding reasons to deny your insurance claim or offering you quick and low lump compensation to settle your claim. You may be tempted to accept an initial offer, but it’s important to remember that once you’ve signed a settlement agreement, you have no further legal recourse for future compensation.

An Augusta wrongful death lawyer can help you to determine the compensatory damages you should seek and to ensure you don’t accept less than a just amount for your pain and suffering.

Although every case is unique, here are some of the general steps you can expect after you file your claim:

• Consult an Attorney: During an initial free consultation, an Augusta wrongful death lawyer from The Scott Pryor Law Group will help you to determine if you have grounds for a lawsuit, and what you should expect from the insurance company.
• The Insurance Process: If a defendant is covered by insurance, you’ll need to file an insurance claim. You’ll be assigned a claims number and agent to access throughout the claims process. 
• Defendant’s Response: If you reject an insurance company’s offer and choose to file a lawsuit, any named defendants in your case will be served notice of the lawsuit and then have 30 days to respond to your claim or file a counterclaim.
• Investigation and Gathering of Evidence: Your lawyer will gather documentation and evidence from your family member’s death, including witness and expert testimony, photo and video evidence, police reports, work incident reports, medical records, and more.
• Discovery Process: Your lawyer and the defendant’s lawyer will exchange all documents, evidence, depositions, and a list of witnesses pertaining to the case. 
• Negotiations and Mediation Meetings: The Scott Pryor Law Group will represent you in all negotiations with the defendant (s) and insurance companies. If a settlement cannot be reached, we’ll fight for justice in a court trial. 
• Court Trial: We’ll present the strongest case we can build before a judge in a bench trial or before a judge and jury. Once both sides in the lawsuit have called all witnesses and presented all pertinent evidence, the judge or jury will deliberate and reach a verdict.
• Filed Appeals: Both you and the defendant (s) will have a chance to appeal the court’s decision. Once the appeals process is complete or if no appeals are filed, you will receive your determined compensation.

Compensatory damages in an Augusta wrongful death case 

A wrongful death lawyer in Augusta will work hard on your behalf to ensure the insurance company pays you the compensation you’re owed. Compensation in a wrongful death case consists of damages that are specifically in place to ensure your losses, both measurable and immeasurable, are recognized and covered.

Damages are classified into three categories: Economic, non-economic, and punitive. Here are the definitions and examples of each.  

Economic Damages

Economic damages (also called special damages) include the losses you’ve incurred that have a set monetary value. This type of compensation helps you to cover the measurable expenses that resulted from your loved one’s wrongful death.

Economic damages include:

• Funeral and Burial Costs: Funerals and burials are expensive, and if you’ve lost a loved one due to someone else’s negligence, you shouldn’t have to shoulder these costs alone.
• Loss of Income and Lost Wages: If your family member was the primary breadwinner for your household, or if you’ve had to miss significant work time or quit your job due to your loved one’s death, you may be entitled to recoup your lost wages.
• Medical Expenses: Before their wrongful death, if your family member was treated by a medical professional or spent time in the hospital as a direct result of their accident, their medical costs might be recovered. 

Non-Economic Damages

Non-economic damages (also called general damages) help to cover the mounting expenses, both financial and emotional, that you’ve suffered as a result of a wrongful death.

Nothing can bring your family member back or heal your heart, but these immeasurable losses should be legally recognized nonetheless. Non-economic damages can help relieve your financial stress so that you can focus on your recovery and learn to navigate daily life without your family member.  

Examples of non-economic damages in a wrongful death case include:

• Emotional Distress: If you struggle with anxiety, depression, and overwhelming grief due to your loved one’s death, your emotional distress can be claimed as a non-economic damage.
• Loss of Consortium (loss of companionship): If you’ve lost your spouse due to wrongful death, you may have lost a lifetime of companionship and intimacy. Loss of consortium is legally recognized through non-economic damages.
• Mental Anguish: Mental anguish includes diagnosed and documented psychological conditions like post-traumatic stress disorder (PTSD) that you may suffer as the result of a wrongful death.

Punitive Damages

Punitive damages may be awarded more frequently in a wrongful death case than in a general personal injury lawsuit. However, these damages are often determined by a judge or jury and used to punish a defendant. In Georgia, punitive damages are also known as vindictive damages.

Georgia state code  § 51-12-5.1 awards 25% of damages to the plaintiff in a wrongful death case and automatically allocates 75% to the Georgia state treasury

Here’s an example of punitive damages in a wrongful death case:

If your family member’s employer failed to maintain safe work conditions and has a proven history of safety and labor violations, and this negligence directly leads to your loved one’s death, a judge or jury may add punitive damages to any determined compensatory award.

Contact The Scott Pryor Law Group 

The Scott Pryor Law Group cares deeply about finding justice for you after you’ve lost someone you love to a wrongful death. We’ll walk beside you and help you navigate the legal process and will fight tirelessly against insurance companies determined to avoid paying you the compensation you deserve.

We can’t guarantee a successful outcome to your case, but we’ve successfully recovered multimillion dollar settlements for many of our satisfied clients.

An Augusta wrongful death lawyer with The Scott Pryor Law Group cares about your unique trauma, experience, and personal story. We can’t heal your grief or bring your family member back, but we will advocate on their behalf and fight to find justice for their death.

You don’t have to walk this path alone. Schedule your free consultation today.