Losing a loved one is never an easy situation, and it can be especially difficult when the loss is caused by the negligence of another person or an organization. While it is understandable that the last thing you may want to deal with is pursuing a claim through the legal system, you may be entitled to the compensation your family deserves.
Navigating a wrongful death case can be complex. It is important to turn to an experienced law office that can provide you with the compassionate, yet professionally focused attention your case deserves.
Defining Wrongful Death in Georgia
In Georgia, wrongful death occurs in cases where the death of an individual results from a crime due to negligence of a person or organization or from property that was defectively manufactured. In essence, it occurs when a preventable death is a result of another person or entity such as:
- Medical malpractice
- A defective product
- Negligence-based incidents, such as car accidents, motorcycle accidents, or pedestrian accidents
- Intentional crimes, such as armed robbery or assault
When pursuing a wrongful death claim, the liability is expressed in terms of financial compensation that is court ordered to be paid to the deceased person’s survivors or estate versus a criminal case that explores convictions that could result in jail or prison time. When it comes to a wrongful death claim, the plaintiff has to be able to demonstrate the defendant’s responsibility through significant evidence.
Who Can File a Wrongful Death Claim?
In addition to understanding what could qualify as wrongful death in Georgia, it is important to understand who can file the lawsuit. Those eligible to do so include:
- Administrator or executor of the estate
Those eligible will fall under this specific order, starting with spouses and moving down the list of qualified individuals who can file a wrongful death lawsuit.
Understanding Damages in a Wrongful Death Case
Losing a loved one can result in a serious financial blow for a spouse or children who relied on the income of the deceased individual. This is often one of the reasons people decide to pursue a wrongful death claim.
There are two different categories of losses that can be sought in a wrongful death claim. The first is seeking compensation for surviving family members for factors such as lost wages, benefits, and services, as well as lost care, companionship, and council. The second category involves financial losses related to the death, including medical expenses related to the incident, funeral and burial expenses, and other costs associated with the incident.
When to Pursue Your Claim
A wrongful death claim needs to be filed within a certain period. In most cases, this is within the first two years following the date of death. There are certain extenuating circumstances, but in most cases, you don’t want to delay. A legal professional can help ensure all necessary documentation and evidence is submitted within the necessary time frame to provide your case with the best odds of success.
Speak With a Legal Expert
The surest way to know if you have grounds for a wrongful death claim is to speak to an experienced legal professional. Pursuing a wrongful death case can be complex. You need to be able to provide significant evidence that adequately establishes fault and negligence. In a wrongful death claim, you may be up against an individual or a large corporation or organization. To ensure your voice is heard, you want a legal team with experience in handling these complex cases.
Lamar Law Office, LLC can provide the compassionate yet aggressive representation you need in a Georgia court of law. Losing a loved one due to the negligence of someone else can be devastating. You deserve the financial compensation your family needs to settle affairs and start the healing process. Contact us to learn more about your rights as a spouse, child, or family member.