The death of a loved one has wide-reaching effects on those they leave behind. In addition to the emotional devastation, wrongful death results in significant financial challenges for surviving family members.
Getting the compensation you and your family need is critical to moving forward after a wrongful death case. But it can be a difficult process to navigate without the proper legal resources.
Working with a personal injury attorney experienced in wrongful death cases in Georgia gives you the financial resources you need to protect your family.
Wrongful Death Claims in Georgia
Surviving family members are often unsure of where to begin after the death of a loved one resulting from the negligence of another party. Wrongful death cases are unique when compared to other legal claims involving non-fatal injuries.
Choosing the right legal professional plays a big part in your ability to obtain compensation and maximize the amount you are granted by the courts.
Under Georgia state law, wrongful death consists of the death of an individual that resulted from any criminal, negligent, reckless, or intentional acts of another party.
Wrongful deaths can be caused by other individuals, businesses, and other entities.
When a person or organization fails to demonstrate “reasonable care” and causes harm to another person, family members can hold them accountable for their negligence.
The following are examples of individuals who may file a wrongful death claim in Georgia courts:
- Spouses
- Children
- Parents
- Estate representatives
What to Consider When Filing a Wrongful Death Claim
Family members taking legal action for a wrongful death need to understand the challenges that can arise.
The statute of limitations for wrongful death cases prevents family members or others from taking legal action after 2 years following the date of death.
Filing a legal claim as soon as possible prevents the potential loss of your right to hold negligent parties accountable for the death of your loved one.
The statute of limitations is suspended in instances that involve other criminal cases related to the wrongful death. Once other cases are settled, then the statute of limitations is put in place once again.
Factors related to the deceased’s estate and the probate process may also affect the statute of limitations. Consult with your attorney to determine when you’re able to file a wrongful death claim.
Examples of factors that result in wrongful deaths include negligence, medical malpractice, nursing home abuse, prescription medication, defective medical devices and other products, intentional harm, and unsafe construction in homes or workplaces.
Knowing when you can file a wrongful death claim will help you take the right steps to getting the compensation you and your family deserve.
Legal Protection in Wrongful Death Cases
One of the primary goals in a wrongful death case is to determine the value of the case based on an approximate value of the deceased person’s life and the financial losses that result from their death.
Your attorney will help you determine the best legal strategies to protect your family’s rights and recover financial and other losses.
Surviving family members may recover lost wages and the future income that would have been earned had the individual lived.
Compensation helps them cover medical costs related to the injury or illness that resulted in wrongful death as well as funeral expenses.
The right legal strategy helps you recover compensation for the pain and suffering that your loved one experienced prior to their death.
Intangible factors such as the loss of companionship and care may also influence the compensation you receive.
These and other aspects must be considered when seeking to obtain compensation for the death of a loved one due to the negligent or reckless behavior of another party.
Understanding common challenges in wrongful death cases and having the legal resources to maximize your compensation helps you and your family restore your personal and financial wellbeing as you move forward.
