Savannah Wrongful Death Lawyer

Savannah Wrongful Death Attorney

When one party harms another party through negligence or intentional misconduct, it can lead to a personal injury claim. This type of civil suit allows the injured party to recover compensation for their damages.

However, if the victim does not survive their injury, then the at-fault party will face a wrongful death suit from the victim’s family. Savannah wrongful death attorneys are essential assets for anyone who has experienced this type of loss.

Compassionate Legal Representation for Wrongful Death in Savannah, GA

Losing a loved one is never easy, but when you know their death was the result of another party’s actions, it can add frustration and resentment to an already very strong mix of emotions. It’s natural to wonder how you can prove liability for such an incident and what type of recovery could be available to your family.

Having an experienced team of Savannah wrongful death attorneys on your side allows you to approach this difficult case with peace of mind.

Merritt & Merritt Law Firm has years of professional experience representing all types of civil claims for damages for clients in Savannah, GA, and surrounding communities. We know the stress and frustration that any family is likely to experience in the aftermath of a loved one’s wrongful death and want to do everything we can to help you and your family ensure accountability for such an incident.

When you choose our firm to represent your family’s wrongful death suit, you can expect responsive communication, close attention to detail, and careful application of Georgia law as we help you seek accountability and compensation for the losses your family sustained.

Money cannot replace your lost loved one, but an acceptable case award can make adjustment to your new circumstances more manageable.

Proving Fault for Wrongful Death in Savannah

Much like a personal injury claim, a wrongful death suit requires proving fault before any compensation can be secured from a defendant. You must be ready to prove exactly how your loved one’s death happened and identify the party responsible for causing the death before your family can recover compensation. Wrongful deaths most commonly occur from negligence, which is the failure to use reasonable care, but they may also occur from intentional misconduct.

Vehicle accidents, work accidents, and various acts of criminal misconduct can all result in wrongful death. Your Savannah wrongful death attorneys can help gather the evidence you need to build your case, identifying the party who caused the death and proving the full extent of the resulting damages your family incurred. It’s possible for fault to rest with more than one party, depending on how the fatal incident occurred.

Once you have proven fault for the death, you can proceed with claiming compensation for your family’s losses. It is important to remember that while a personal injury claim seeks compensation for the victim’s damages, a wrongful death suit is filed on behalf of the victim’s family. Merritt & Merritt can work closely with you and your loved ones to uncover all the various forms of compensation you can include in your claim.

Filing a Wrongful Death Claim

Losing a loved one in Savannah due to another’s negligence is devastating, and filing a wrongful death claim seeks justice for your family. However, these lawsuits are different from most other personal injury lawsuits. This is because for most of legal history, it was impossible to sue someone for wrongful death. However, laws were eventually created allowing for these lawsuits to succeed. Some unique aspects of wrongful death claims include:

• Eligible Claimants. Spouses, adult children, or parents of the deceased can file, with spouses holding primary rights. Sometimes, it can be unclear as to who exactly is and is not an eligible claimant.
• Estate Representation. A personal representative named in the deceased’s estate plan may file on behalf of beneficiaries.
• Claim Purpose. The claim compensates your family for losses, like financial support, not the deceased’s personal damages.

Our Savannah wrongful death lawyer team at Merritt & Merritt Law Firm guides your family through filing, ensuring accountability for your loss.

Survivor Rights and Compensation

Survivors in Savannah have legal rights to seek compensation after a wrongful death to ease financial and emotional burdens. Key rights include:

• Financial Support Recovery. Claim lost income the deceased would have provided, like wages for household expenses.
• Funeral Cost Reimbursement. Defendants must cover reasonable funeral and burial expenses, easing immediate financial strain.
• Household Service Losses. Compensation for lost childcare or household duties, like a parent’s caregiving, is recoverable.
• Emotional Distress Damages. Seek recovery for the grief and anguish of losing your loved one, reflecting your emotional loss.
• Punitive Damages. For intentional misconduct, like assault, courts may award punitive damages to punish the defendant.

Our team ensures your family pursues all available compensation to support your recovery.

Collecting Evidence and Witness Statements

Strong evidence is critical to proving fault in a Savannah wrongful death claim. This is because the primary victim is no longer with us and can no longer testify as to what caused their death. Our team can help you collect evidence and build a strong case. Some of the evidence we routinely collect and use to help your claim succeed include:

• Police Reports. Official reports from accidents, like car crashes, often detail the defendant’s actions, such as speeding.
• Medical Records. Autopsy or hospital records almost always confirm the cause of death.
• Witness Statements. Bystanders who saw the incident, like a distracted driver, often provide crucial testimony for your case.
• Surveillance Footage. Videos from traffic cameras or nearby businesses might show the event.
• Expert Testimony. Accident reconstruction experts can clarify complex causes, like mechanical failures, strengthening your claim.

Legal Steps After Losing a Loved One

Navigating a wrongful death claim requires careful steps to protect your family’s rights. Key actions include:

1. Consult an Attorney. Meet with a lawyer to review the death’s circumstances, like a work accident, to assess your claim.
2. Gather Documentation. Collect records, like medical bills or income statements, to prove your family’s losses.
3. Identify Liable Parties. Determine all responsible parties, like a negligent employer, to target your claim accurately.
4. Negotiate or Litigate. Pursue a settlement or prepare for court to secure compensation for your financial and emotional damages.
5. File Within Deadlines. Submit your claim within Georgia’s two-year statute of limitations to preserve your rights. If you file too late, it might be impossible to get the compensation you deserve.

Our Savannah wrongful death lawyer team at Merritt & Merritt Law Firm supports you through these steps, seeking maximum recovery.

Rules for Filing Your Wrongful Death Suit in Savannah

Georgia law restricts eligibility to file a wrongful death suit to the victim’s family. Their surviving spouse has the primary right to file a wrongful death claim, followed by any adult children of the deceased or the parents of the deceased.

If the deceased named a personal representative in their estate plan, this individual is typically responsible for filing a wrongful death claim on behalf of the beneficiaries of the deceased’s estate.

Much like a personal injury claim, the plaintiff in a wrongful death suit must prove the full scope of the damages they are seeking from the defendant and then prove that these damages resulted solely from the defendant’s negligence or misconduct and not any other cause. It’s possible for a successful wrongful death claim to yield compensation for:

• Damages to the deceased’s estate: These damages may include any losses incurred from the defendant’s actions up to the time of the victim’s death. For example, if they did not die immediately from their injury and spent time in the hospital, estate damages could include their final medical expenses and income they could not earn during this time.
• Funeral and burial expenses: The defendant must reimburse the full cost of all the deceased’s funeral and burial expenses within reason.
• Lost financial support: When the deceased was a provider for their family, a wrongful death suit can yield compensation for the income they can no longer provide to the family. This can include income they would have reasonably expected to earn in the future.
• Lost value of household and childcare services: Losing a parent could mean the surviving parent must arrange for additional childcare and incur greater living expenses on their own. These losses can be cited as damages in a wrongful death suit.
• Pain and suffering: The surviving family of the victim has the right to seek compensation for the emotional distress of losing their loved one. This may sound difficult to quantify in monetary terms, but your Savannah wrongful death attorney can help determine a suitable figure that reflects the significance of your family’s loss.

If the defendant caused the death through any illegal action, they may also owe restitution and/or be required to pay punitive damages to the victim’s family. Ultimately, many factors could influence the total compensation you and your family secure from a wrongful death, and having experienced Savannah wrongful death attorneys handling your case increases your chances of maximizing your recovery.

When you choose Merritt & Merritt to represent your civil suit in Savannah, GA, we can immediately begin gathering the evidence you need to firmly establish liability for your loved one’s death.

We can help identify all parties bearing fault for the death and assist you in uncovering all available channels of compensation that you can seek with your claim. Our goal is to help you navigate your case efficiently and secure the maximum case award.

You have a short time in which to file your wrongful death suit, so it is vital that you connect with an experienced team of Savannah wrongful death attorneys as soon as possible.

Contact Merritt & Merritt today to schedule your free consultation with our firm and learn how we can help you and your family succeed with your wrongful death case.