Wrongful Death Accidents in Savannah, Georgia: Legal Insights, Statistics, and Notable Cases

Savannah, Georgia Wrongful Death Accidents: Laws, Stats, and Cases

Wrongful death accidents in Savannah, Georgia are when someone’s life is cut short due to another’s negligence or misconduct. The pain and suffering of the victim’s family is endless and understanding the process is key to getting justice and fair compensation. This article will cover the laws surrounding wrongful death claims, stats and a notable case from the past 10 years.

Savannah, Georgia Personal Injury Laws for Wrongful Death

Wrongful death claims in Georgia are governed by specific laws that allow family members of the deceased to seek compensation. Understanding these laws is important for those seeking justice.

Law

The Georgia Wrongful Death Act is the basis for wrongful death claims. This law allows the family of the deceased to pursue compensation when death is caused by another’s negligence, recklessness or intentional harm.

Georgia Wrongful Death Act (O.C.G.A. § 51-4-1 et seq.)

The Georgia Wrongful Death Act explains who can file and what can be claimed. The purpose of this law is to compensate families for the loss of their loved ones, both emotional and economic.

Who Can File

Not everyone can file a wrongful death claim under Georgia law. The law lists a specific order of who can file:

1. Surviving Spouse: The spouse is the first to file a wrongful death claim. The spouse can also file on behalf of minor children.
2. Children: If there is no surviving spouse, the children of the deceased are next in line to file.
3. Parents: If there is no surviving spouse or children, the parents of the deceased can file the wrongful death claim.
4. Personal Representative of the Estate: If there is no family to file the lawsuit, the estate’s personal representative can file. In this case compensation is awarded to the estate and any remaining assets after debts are paid are distributed to the deceased’s heirs.

What Can Be Claimed

Georgia law allows two types of claims in a wrongful death case:

1. Full Value of Life Claim: This type of claim is for the economic and non-economic value of the deceased’s life, what they could have earned if they had lived and the intangible value of the loss of companionship, guidance and care for their loved ones.
2. Estate Claim: The estate claim is for expenses incurred because of the wrongful death. This includes funeral expenses, medical bills related to the injury that caused the death and compensation for pain and suffering the deceased endured before death.

Process

Filing a wrongful death claim can be a complicated and emotional process for the family, requiring attention to detail, documentation and legal expertise.

File a Claim

Under Georgia law the statute of limitations to file a wrongful death lawsuit is two years from the date of death (O.C.G.A. § 9-3-33). If you don’t file within this time frame you will likely lose your right to sue. There may be exceptions in certain cases such as if the death was caused by criminal actions or involves a governmental entity.

Investigation

A thorough investigation is key to proving fault in a wrongful death case. Attorneys may work with law enforcement, private investigators and forensic experts to gather evidence that shows the negligence or misconduct that caused the death.

Evidence

The strength of the evidence is critical in proving the wrongful death case. Key pieces of evidence include:

• Accident Reports: Whether the death was from a motor vehicle accident, workplace accident or another type of accident, the official report is the foundation of evidence.
• Medical Records: These records will show the cause of death and evidence of negligence or misconduct by healthcare providers in medical malpractice cases.
• Witness Statements: Eyewitnesses to the incident can provide details about what happened leading up to the wrongful death.
• Expert Testimony: Experts in medicine, accident reconstruction and economics can testify as to how the negligence occurred and what the economic loss was.

Recovery

Families of wrongful death victims can recover several types of damages in a wrongful death lawsuit. The types of recovery fall into two categories:

Economic Damages

Economic damages are for financial losses directly related to the death. This includes:

• Funeral and Burial Expenses: These are part of the estate claim.
• Medical Bills: If the deceased had medical expenses before death, these can be included in the claim.
• Loss of Financial Support: Families can recover for the income the deceased would have earned to help ease the financial burden.

Non-Economic Damages

Non-economic damages are for the emotional and intangible losses to the family including:

• Loss of Companionship: The family can recover for the emotional impact of losing a loved one, especially if it’s a spouse or parent.
• Emotional Distress: Surviving family members can recover for the emotional pain and suffering caused by the death.

Punitive Damages

In cases where the death was caused by egregious negligence or intentional misconduct punitive damages may be awarded. These damages are to punish the wrongdoer and deter similar conduct in the future. Georgia law allows for punitive damages in cases of gross negligence or willful misconduct.

Legal Help

Wrongful death cases require legal expertise. An attorney can help the family through the process, gather evidence and advocate for the maximum recovery possible.

Wrongful Death Statistics in Savannah, Georgia (2023)

Wrongful death accidents happen in many situations and Savannah is no exception. Here are the statistics for wrongful death incidents in the city.

Incidents

In 2023 Savannah had 15 wrongful death cases. These were spread across multiple categories including motor vehicle accidents, workplace accidents, medical malpractice and violent crimes.

Types

The most common causes of wrongful death in Savannah are:

• Motor Vehicle Accidents: Car accidents, especially those involving large trucks, drunk driving and speeding are the most common wrongful death in Savannah.
• Medical Malpractice: Inadequate medical care, surgical errors and misdiagnoses have also led to wrongful death claims in the city.
• Workplace Accidents: Especially in industries like construction and manufacturing, workplace fatalities occur due to safety violations, lack of equipment or dangerous working conditions.
• Criminal Actions: Wrongful death claims also arise from violent crimes like shootings or assaults where negligence by a property owner or security company contributed to the death.

Families

A wrongful death leaves a huge emotional and financial burden on families. Many families have to cover unexpected funeral expenses while dealing with the sudden loss of income. The legal process is the way for families to seek justice and recovery for these losses.

Recent Wrongful Death Case

Case: Johnson v. Coastal Medical Center

Summary: Lisa Johnson, 45, mother of 2, died after a routine procedure at Coastal Medical Center went wrong. The family claimed the medical staff didn’t properly assess Johnson’s condition before and after surgery and that’s what caused the fatal complications. The family’s wrongful death claim was based on medical malpractice including failure to follow protocol and inadequate post surgical care.

Outcome: The case settled for $4.2 million which covered funeral expenses, lost income and emotional pain and suffering. The settlement also resulted in a review of hospital policies and procedures to prevent future occurrences.

Results: This case brought attention to the standards of care at Coastal Medical Center and led to changes in patient safety protocols. It also showed the importance of thorough investigations in wrongful death cases.

Legal Help for Wrongful Death Claims

For families filing wrongful death claims having an experienced attorney can make all the difference.

Case Evaluation and Investigation

Overview

Attorneys review the facts and circumstances surrounding the wrongful death. This includes:

• Reviewing medical records or accident reports to find evidence of negligence.
• Identifying witnesses who can testify to what happened.
• Consulting experts to determine cause of death and whether standard of care was breached.

Expert Witness

In wrongful death cases expert testimony is crucial in determining liability. Experts such as medical professionals, accident reconstructionists and forensic economists can testify about:

• Standard of care in medical malpractice cases.
• How the accident occurred and degree of fault.
• Financial impact of the loss including lost income and benefits.

Settlement and Litigation

Settlement Negotiations

Attorneys work to get a fair settlement by negotiating with insurance companies or responsible parties. They make sure compensation includes all economic and non-economic damages and future financial needs.

Litigation

If settlement negotiations don’t produce a good result, attorneys will take the case to court. They present evidence, cross examine witnesses and argue the case before a judge and jury to get a good result.

Client Support

Throughout the process attorneys provide emotional and legal support to grieving families. They help the family navigate the legal system and make sure their rights and best interests are protected.

Summary

Wrongful death accidents in Savannah, GA are devastating events that require navigating the legal landscape. By understanding the laws, reviewing the stats and looking at cases families can be better prepared to get justice for their loved one. Skilled representation is key to making sure families get the compensation they need and the parties responsible are held accountable.

For legal help with wrongful death claims contact Keller Swan today for personalized service and guidance in navigating the wrongful death process and getting the compensation and justice your family deserves.