tuned IN to Injury
Wrongful Death
Duluth Wrongful Death Lawyer
A financial settlement can’t make up for the loss of a loved one. But the civil courts in Gwinnett County have to at least try and offer something to the families of those who may have died because of someone else’s negligence. The wrongful death lawsuit is the legal mechanism by which compensation can be awarded.
A Duluth wrongful death lawyer from Attorney in Tune, LLC will do the scrupulous legal footwork necessary to build your case and then bring a zealous spirit of advocacy in negotiating and litigating a fair settlement. Call today at (833) 663-7468 or contact us online to set up a free consultation. Serving Lawrenceville, Norcross, all of Gwinnett County and north into Hall County.
A wrongful death lawsuit is almost identical to any other personal injury lawsuit. Almost–the difference is who the plaintiff is. In a standard personal injury case, the injured party would be the plaintiff. But when a death is the tragic outcome, then the plaintiff is those who seek justice on behalf of the deceased.
Who Can Sue for Wrongful Death in Georgia?
There are three parties that can bring a wrongful death case under Georgia law…
- The spouse of the deceased
- The children of the deceased
- The estate of the deceased
A living spouse has the first opportunity to come forward as the plaintiff. If the spouse declines, the children have the option to sue on behalf of their late parent. If there is no surviving family, then the executor of the estate–someone that was identified by the deceased in their will or estate plan–may choose to bring a wrongful death lawsuit.
Wrongful death cases often involve genuine accidents, but they can also involve crimes. The survivors of a deceased person who died because of a criminal act can bring forth a civil lawsuit, while the same defendant is also being charged by the state for a crime. The wrongful death case would be litigated in civil court, while the defendant also had to face a separate criminal court proceeding.
In these types of cases, there is a very different legal dynamic between the civil and the criminal. In criminal court, a defendant is presumed innocent until they are proven guilty beyond a reasonable doubt. But in a civil case–like a wrongful death lawsuit–a jury need only be convinced that it’s more likely than not, the defendant is responsible for the death.
The reason for the differing standards of proof is that each case is determining entirely different things. A criminal court is deciding whether the defendant will go to prison, which is why the U.S. Constitution places a high bar of proof on the state. But on the civil side, a Duluth wrongful death lawyer is only seeking to have the defendant make financial restitution to the survivors of the deceased.
How Are Wrongful Death Settlements Paid Out?
If the courts do award a financial settlement, the money can be paid out in two ways. It can be a lump-sum payment, which comes all at once, Or a structured settlement can be paid out over a period of time.
Just as important as how a wrongful death settlement is paid out, is who it is paid out too. The state of Georgia seeks to have monies evenly divided between a surviving spouse and surviving adult children. If an adult child is deceased and there are grandchildren in that lineage, then the grandchildren become eligible to receive what would have been their parent’s portion of the settlement.
Attorney in Tune, LLC will give each client the strong representation and advocacy they deserve. Clients are already hurting because of their loss. A lawyer can’t take away that pain, but what our cooperating Attorneys can do is make sure clients have peace of mind in knowing that their legal advocacy is in good hands.
Our Duluth office serves Lawrenceville, Norcross, all of Gwinnett County and north into Hall County. Call today at (833) 663-7468 or contact us online to set up a free consultation.
