North Augusta Wrongful Death Attorney

Helping Families Seek Justice in South Carolina and Georgia

When a loved one is killed as a result of another person’s negligence, the family left behind is forced to face not only the emotional pain of loss but also the financial and practical consequences. Surviving family members are often left to cope with funeral expenses, medical bills, and the loss of the deceased person’s income and benefits.

At Jamie Casino Injury Attorneys, we understand that no amount of money can ever truly make up for the loss of your loved one. However, a wrongful death claim can help you get the financial resources you need to cover your losses, allowing you to grieve and heal without the added stress of unpaid bills and other damages.

Our North Augusta wrongful death lawyer can help you understand your options and guide you through the legal process of pursuing justice for your loved one. Call (912) 809-5335 or contact us online to request a free, confidential consultation.

What is Considered a Wrongful Death?

A wrongful death is defined as one that is caused by the “wrongful act, neglect, or default” of another party. In other words, if your loved one would have had grounds for a personal injury lawsuit had they lived, you may have a valid wrongful death claim.

Wrongful death claims can arise from a wide range of incidents, including but not limited to:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Pedestrian accidents
• Bicycle accidents
• Dog bites
• Premises liability incidents
• Defective products
• Workplace accidents
• Medical malpractice

Who Can File a Wrongful Death Claim in North Augusta?

In South Carolina, only the personal representative of the deceased person’s estate can file a wrongful death claim.

If you are the personal representative, you may be able to file a claim on behalf of the surviving family members, including:

• The deceased person’s spouse and children
• The deceased person’s parents and/or siblings
• Any other surviving family members who can prove financial dependence on the deceased person

In Georgia, the surviving spouse and children have the first right to file a wrongful death claim. If there is no surviving spouse or children, the parents of the deceased person may file a claim. If there are no surviving parents, the personal representative of the deceased person’s estate may file a claim. If there is no personal representative, the surviving family members may file a claim. This includes the surviving spouse, children, parents, and/or other relatives who were financially dependent on the deceased person.

What Damages Are Available in a Wrongful Death Claim?

While no amount of money can ever truly compensate for the loss of your loved one, a wrongful death claim can help you recover the financial resources you need to cover your losses and rebuild your life. It can also allow you to hold the at-fault party accountable for their actions.

Depending on the specifics of your case, you may be entitled to recover compensation for a variety of damages, including but not limited to:

• Medical bills and related expenses
• Funeral and burial costs
• Lost income, including future earnings and benefits
• Lost benefits, such as health insurance, retirement, and more
• Pain and suffering
• Loss of companionship, society, and/or support
• Loss of counsel and/or advice
• Punitive damages (in some cases)

You have two years from the date of your loved one’s death to file a wrongful death claim. After this deadline, known as the statute of limitations, has passed, you will be barred from filing a claim and seeking compensation.

How to Prove a Wrongful Death Claim

To succeed in a wrongful death lawsuit in Georgia, you generally need to prove the following elements:

1. Death of a Person: You must demonstrate that a person has died. This seems straightforward, but it's important to establish the fact of death.
2. Death Caused by Another's Negligence or Wrongful Act: You need to show that the death was caused by the negligence, recklessness, intentional act, or wrongful conduct of another party. This could include actions such as a car accident, medical malpractice, defective product, or intentional harm.
3. Existence of Surviving Family Members: In Georgia, only certain family members can bring a wrongful death lawsuit. Typically, this includes the surviving spouse, children (if there is no surviving spouse), or parents (if there are no surviving spouse or children). If there are no such survivors, the estate may bring a claim.
4. Proof of Damages: You must provide evidence of the damages suffered by the surviving family members as a result of the death. This can include economic damages such as medical and funeral expenses, loss of financial support, and loss of benefits, as well as non-economic damages like pain and suffering, loss of companionship, and emotional distress.

You need to present evidence, which can include witness testimony, expert opinions, medical records, accident reports, and other documentation, to support your claims and prove the elements of the case. Successfully proving these elements can be complex and may require the assistance of experienced legal professionals familiar with Georgia's wrongful death laws.

Choose a Firm with a Proven Track Record

At Jamie Casino Injury Attorneys, we take the time to get to know you, your family, and your unique situation. Our North Augusta wrongful death lawyer can help you understand your rights and options, and we can guide you through the legal process every step of the way.

Contact us today at (912) 809-5335 today to schedule a free initial consultation with our North Augusta wrongful death attorney.