Trial Attorney Blog
Intentional violence can take the life of a person, and it should never be ignored.
It is one of those unexpected situations that leaves families helpless and creates uncertainty about what to do after losing a loved one.
After having a calamitous experience of wrongful death, families get blank and feel challenged at the time of immediate action.
A Georgia wrongful death lawyer at Finch McCranie LLP helps families get justice for violent acts like homicide, stabbing, and serious assaults.
We have handled thousands of cases and ensure financial recovery, accountability, and safety after intentional violence results in a tragic loss of a loved one.
We have a detailed investigation and thorough process, including collecting evidence, filing a civil legal claim, identifying all legal parties, pursuing compensation, and the complete civil procedure.
With all steps, we ensure that families can solve complex cases with us and obtain support that the criminal justice system sometimes doesn’t provide when it comes to civil questions.
This article focuses on providing detailed knowledge to families about wrongful death cases involving deliberate actions, how Georgia law supports these claims, and why legal representation is crucial..
Understanding Intentional Violence in Georgia: How to Get Legal Help
Intentional violence is one type of crime in which a person can experience severe injuries and die due to the negligence of someone’s mistakes.
In Georgia, individuals can seek wrongful death claim for the following situations:
- Fatal shooting at workplaces, gas stations, public spaces, parking areas, complexes or apartments.
- Deaths happen during attempted crimes or robberies.
- Violent or stabbing incidents.
- Domestic violence homicides.
- Violence at construction sites, schools, campuses, nightclubs.
- Attacks at commercial properties, residential spaces, stores, or bars.
When deliberate harm leads to death, the victim may face criminal charges, be sent to jail, and the case is filled in a court. However, this process doesn’t help families to recover financial losses or compensation.
Hiring a separate wrongful death attorney in Georgia ensures justice and obedience to the family.
Who can File a Wrongful Death Claim after Violent Acts in Georgia
One of the common questions families ask from Intentional violence wrongful death attorneys is who has the right to file a claim.
In Georgia, only close members are eligible and their order of the highest to the lowest priority is as follows.
1. The Spouse & The Children
The spouse has the first priority to file the claim.
Either the husband or the wife has the exclusive right to file the claim if their spouse is killed in a truck accident, due to medical malpractice, a work-related accident, or in an act of negligent shooting.
The compensation or other settlement will be divided between spouse and children because they both are survivors and have close relations with the deceased family member.
However, if the child is under 18, he or she will act as minor and receive around $15,000 or less money during a case. In this situation, the guardian can hold the money without signing any bond or completing paperwork.
On the other hand, if the child’s share is over $15,000, the court will require a formal warden to manage the bond for the settlement. The bond agreement can be avoided if
- The court agrees to provide money to the child when he/she is 18+.
- The sum received prior to the age of 18 remains below $15,000.
2. The Surviving Parents
If there is neither a spouse nor child left after the death of a person, parents can hold the rights to sue the case under Georgia law.
If the departed child’s parents are separated or divorced, the judge decides how to distribute the compensation between them and ensure the best wrongful death recovery.
If the spouse is not at his location or missing, the court can allow children to handle the case alone.
3. The Personal Representative of the Estate
If none of the above present, the administration or the personal representative of the estate is eligible to sue the claim.
All recovered money will be given to the next closest family member.
However, there are strict rules for a wrongful death claim in Georgia for minor children or siblings.
The time to file for the death is two years and this deadline or period doesn’t change if the beneficiary is a minor. All in all, benefits apply to the closest bloodline and the same to ensure justice.
In order to bring the claim, it is important to be the highest tier because lower-priority members have no permission to do this task.
Common Circumstances When Families Need a Georgia wrongful death lawyer
Most violent incidents happen in an environment where crime rate is high with no security measures for sufferers. Here are situations when families can seek legal assistance:
1. Shootings on Residential or Commercial Properties
Whether you are a residential owner or commercial property manager, it is your responsibility to protect visitors from crime or violence.
In a negligent security wrongful death case, households can take support of a lawyer and prove that the property, including parking area, apartments, or business, failed to meet safety needs.
2. Domestic Violence Homicides
These cases occur due to third-party relationships or problems related to intimacy.
Both men and women can commit violence and request for criminal justice, police help, and social services.
Domestic violence is the category of murder that can sometimes be protected with early invention, but it is not sure that police can totally eliminate the risk of homicides. Although these cases include strict warnings or red flags, they are often overlooked by victims or organizations.
A wrongful death lawsuit in Georgia allows legal representatives and families to take action against the irresponsible parties and help them report if the system broke down, ignore warning signs, and contribute to death.
3. Violence at Public Events, Bars, or Nightclubs
Lack of security, overcrowding, overusing alcohol are known threats that can turn a normal condition into worse situations and lead to fatal accidents.
In these cases, Georgia violent crime attorneys identify the situation, collect proof from the venue, and sometimes deal with insurance companies to receive payment for funeral expenses, medical bills, emotional suffering, and loss of support.
By performing investigations on unsafe conditions and knowing the root cause of tragedy, the lawyer helps people in receiving justice for their loss.
4. Workplace Violence
Employers may be responsible for wrongful death due to assault when their security protocols, background checks, or oversight are insufficient.
When a fatal incident happens at workplaces, it is the duty of lawyers to collect incident reports, company reports, and understand witness statements to demonstrate negligence.
5. Campus or School Attacks
Parents wish for safe environments. With no supervision or security measures in an institution, the tragedy can take place.
The objective of intentional violence lawsuits is to analyze such situations, start legal investigation, and know why these cases arise in schools or campuses.
What is the Specialization of a Georgia wrongful death lawyer?
- A lawyer has the skills and experience to prove that the act of violence directly caused the death.
- They provide legal assistance to families after a violent crime and hold the attacker accountable for their actions.
- Liability can extend beyond the attacker when other parties contributed to or failed to prevent the violence.
- These additional responsible parties can include security companies, property owners, or employers.
- Lawyers help families file claims for compensable losses, such as financial support, money, and emotional well-being.
If a death happens intentionally, the law ensures justice for the victim’s closest family members and declares responsibility to the attacker and associated parties.
Why Choose Finch McCranie LLP After a Violent Loss
Finch McCranie LLP has a high level of skills with a talented team to conduct rigorous investigations and guide you during the most difficult period. Our approach includes:
- Independent investigation beyond the criminal case
- Careful examination of crime patterns and security failures
- Collaboration with security and forensic experts
- Extensive analysis of prosecution and police records
- Identification of all parties who are responsible
- Effective negotiation with insurers
- Litigation when essential to get justice
What are the Steps Families Should Take After a Violent Death?
Here are steps that you can take after a tragedy.
- Contact law enforcement quickly
- Make a copy of the incident report
- Save photographs, texts, or videos related to the event
- Don’t talk directly with insurance representatives
- Ready to afford document expenses
- Consult with a wrongful death lawyer as early as possible
Above mentioned steps are necessary to make your case strong and take legal actions effectively..
Conclusion
Intentional violence brings many challenges for families when it comes to acquiring compensation, justice, and the overall well-being.
While criminal proceedings focus on punishment and civil wrongful death claims solve queries and ensure both financial protection and accountability. Whether the tragedy occurred in public, on a commercial property, or at home, families are allowed to raise concerns about dangerous conditions.
Finch McCranie LLP supports households during their critical times. If you have lost your dearest person due to intentional violence/crime in Atlanta, Duluth, or anywhere in Georgia, you can contact our attorneys and obtain the justice for the family they deserve.
Frequently Asked Questions
Can I sue a business if my beloved one was killed on the property?
If a death occurs due to inadequate security or unsafe conditions, you can sue a business legally and hire a wrongful death lawyer in Georgia. A business is liable if it ignores crime incidents, prior threats, or fails to meet safety standards.
Are we eligible for a civil case if the attacker was not arrested?
Yes, you can begin a civil case if the attacker was not charged or arrested. Make sure civil cases and criminal cases are different. A civil case focuses on compensation for the family. The process of a civil court for legal standards can be lower, but families can get legal help after violent crime and expect justice with reimbursement.
Is a wrongful death lawsuit the same as a criminal trial?
No, both are varied from each other. A wrongful death attorney works on activities that help obtain compensation for the family. However, criminal trials send offenders to jail or put a penalty on them.
What if the property had existing violent incidents?
Repeated crime shows that the incident was foreseeable and often strengthens a negligent security claim.
Who is qualified for remuneration in a Georgia wrongful death case?
Depending on the family structure, from spouse, children, descendant parents to the estate representation, any of them are eligible for compensation but the order of filing and conditions can be different.
What are the drawbacks of planned violence wrongful death claims?
In Georgia, families get two years to file a wrongful death lawsuit. However, this period may be paused in the case of estate-related issues or a criminal prosecution or claims affected by government parties. Consulting a legal team early helps recover damages faster.