Stephen R. Hasner
Managing Partner at Hasner Law PC
May 10, 2024
personal injury lawyer

In the face of tragedy, few challenges are more daunting than navigating the legal complexities surrounding wrongful death claims. These claims arise when the loss of a loved one occurs due to the negligence, recklessness, or intentional wrongdoing of another party. The emotional toll of such a loss is already overwhelming, and when coupled with the pursuit of justice and compensation, it can feel like an insurmountable burden. But remember, you don’t have to face it alone; Hasner Law is here to help you through this challenging journey.

At Hasner Law our Marietta wrongful death lawyers understand that no amount of compensation can ever replace the loss of a loved one. However, we believe that holding responsible parties accountable for their actions and securing the financial support your family deserves can provide a sense of closure and stability during this trying time. Together, we can honor their memory and work toward a more secure future for your family. Contact Hasner Law today, and let us help you on the path to justice and healing.

Filing a Wrongful Death Claim in Georgia: A Brief Guide

Losing a loved one is an emotionally devastating experience, and when that loss is due to someone else’s negligence or wrongful actions, it can be even more challenging to cope with. In such cases, filing a wrongful death claim becomes a necessary step to seek justice and compensation for your family’s loss. 

To file a wrongful death claim, it’s essential to understand what constitutes wrongful death under Georgia law. Wrongful death occurs when a person’s death is caused by the negligent, reckless, or intentional actions of another party. Common scenarios include car accidents, medical malpractice, and criminal acts.

Who Can File a Wrongful Death Claim

In Georgia, only specific individuals have the legal right to file a wrongful death claim. These parties include:

  • The surviving spouse of the deceased
  • The surviving children of the deceased (if there is no surviving spouse)
  • The surviving parent(s) of the deceased (if there is no surviving spouse or child)
  • The personal representative of the deceased’s estate (if none of the above parties exists)

After a loss, facing the concept of legal claims can be challenging. Fortunately, you don’t need to do it alone. Contact Hasner Law today to work with a firm committed to helping you and your family get through these difficult moments.

Statute of Limitations

Timing is critical when filing a wrongful death claim in Georgia. The statute of limitations for wrongful death cases is generally two years from the date of the deceased person’s death. Failing to file within this timeframe can result in your claim being barred, so it’s essential to act promptly.

Burden of Proof

To succeed in a wrongful death claim, you must establish the following elements:

  • Duty: The defendant owed a duty of care to the deceased.
  • Breach: The defendant breached that duty through negligence or intentional misconduct.
  • Causation: The breach of duty directly caused the deceased person’s death.
  • Damages: As a result of the death, you and your family have suffered specific damages, such as emotional distress, loss of financial support, and funeral expenses.

Proving liability is a complex legal process that requires extensive knowledge and experience. Ensure you have the best chance at recovering full and fair compensation by working with our Hasner Law team.

Compensation Available

Georgia law allows for various types of compensation in wrongful death cases, including:

  • Medical expenses incurred before the victim’s death
  • Funeral and burial expenses
  • Lost wages and benefits the deceased would have earned
  • Pain and suffering endured by the deceased before their death
  • Loss of companionship, consortium, and guidance
  • Punitive damages (in cases of extreme negligence or intentional harm)

While no amount of money can replace your loss, a successful wrongful death claim can provide financial support and hold responsible parties accountable for their actions.

How an Attorney Can Improve Your Wrongful Death Claim

Losing a loved one due to someone else’s negligence or wrongful actions is a heart-wrenching experience. When facing such a tragedy, pursuing a wrongful death claim can be challenging, emotionally draining, and legally complex. This is where a seasoned Marietta wrongful death attorney can make a significant difference. 

Emotional Support

Grieving the loss of a family member is an emotionally exhausting journey. An attorney experienced in wrongful death cases understands the pain and suffering families go through. They provide a crucial source of emotional support during this difficult time. Attorneys offer empathy, compassion, and a listening ear, allowing you and your family to focus on healing while they handle the legal aspects of your case.

Legal Expertise

One of the primary roles of a Marietta, GA wrongful death lawyer is to provide expert legal guidance. They possess an in-depth understanding of Georgia’s wrongful death laws and regulations, ensuring your claim adheres to all necessary requirements. This legal expertise helps you avoid costly mistakes and ensures that your case is built on a solid foundation.

Thorough Investigation

To succeed in a wrongful death claim, it’s vital to establish liability and prove that the defendant’s actions caused your loved one’s death. Attorneys employ their investigative skills and resources to gather evidence, such as witness statements, accident reports, medical records, and expert opinions. They leave no stone unturned in uncovering the truth, helping to strengthen your case.

Legal Strategy

Experienced Marietta wrongful death attorneys develop a comprehensive legal strategy tailored to the specifics of your case. They determine the most suitable approach for negotiating with insurance companies or representing you in court, if necessary. A well-crafted legal strategy maximizes your chances of obtaining a favorable outcome.

Negotiating With Insurance Companies

In many wrongful death cases, insurance companies are involved. These companies have vast resources and teams of adjusters trained to minimize payouts. Attorneys level the playing field by advocating on your behalf during negotiations. They ensure you’re not pressured into accepting an inadequate settlement and fight for the compensation your family deserves.

Valuing Your Claim

Determining the value of a wrongful death claim can be challenging. Attorneys have the experience to assess the full extent of your damages, including medical expenses, funeral costs, lost income, and emotional suffering. They work with experts and use their knowledge to provide an accurate estimate, ensuring you receive fair compensation.

Access to Expert Witnesses

Attorneys have access to a network of expert witnesses who can testify on your behalf. These experts may include medical professionals, accident reconstruction specialists, and economists who can provide critical insights and strengthen your case in court.

Handling Legal Procedures and Deadlines

Wrongful death claims involve complex legal procedures and strict deadlines. Attorneys ensure all necessary documents are filed correctly and on time. They also represent your interests in court if negotiations fail, protecting your rights throughout the legal process.

Don’t Face a Wrongful Death Claim Alone; Call Hasner Law Today

The pursuit of a wrongful death claim is a challenging and emotionally taxing journey that no family should have to face alone. While nothing can truly compensate for the loss of a loved one, justice and financial support can provide a measure of relief during these difficult times. 

Hasner Law is committed to being your steadfast ally throughout this process. We encourage you to take the first step toward justice and healing by reaching out to us. Let us be your advocates, your supporters, and your guides as we work together to honor your loved one’s memory and secure the compensation your family deserves. Contact Hasner Law today, and let us help you find the path to closure and peace. Reach us by visiting our website and completing our contact form or calling our Marietta wrongful death lawyers at (678) 928-8784.

Author Stephen Headshot
Managing Partner at Hasner Law PC
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Stephen Hasner is the founder and managing partner of Hasner Law PC. Since being licensed in Florida in 1997 and in Georgia in 1999, Stephen has worked tirelessly to help Georgia residents navigate the legal process following a serious injury. This includes injuries sustained at work, in motor vehicle accidents, and in cases of personal injury. The team at Hasner Law is dedicated to securing compensation for their clients who have been injured through no fault of their own.