Dealing with the death of a loved one is not easy, and when the death is caused by the negligence or actions of someone else, the pain is worsened. A loved one’s sudden death can cause financial problems, making it more difficult to cope with the loss. You can institute a wrongful death suit to recover the damages from the liable party.
Wrongful death claims are not easy and differ with each case; hence, you might need an excellent wrongful death attorney to help you get justice. If your loved one lived or worked in Georgia and they’re a victim of wrongful death, hire a Georgia law firm to help find some justice for the loss of your loved one. An experienced attorney may offer you valuable assistance as you deal with the trying times.
Who Files the Wrongful Death Claim?
The responsibility of filing a wrongful death claim falls on specific people as prescribed by the law. If the deceased was married, the spouse should file the claim. The deceased’s children can also file the claim if the deceased did not have a spouse when they are adults; if the deceased did not have a spouse and children, surviving parents could file the claim. A legal representative will file the claim on behalf of the estate if there are not close relatives of the deceased.
What Benefits Are Available?
The benefits available to the deceased’s estate are those the deceased could have pursued had they been alive to file a personal injury claim. The benefits may include, but are not limited to, the following:
- Loss of income
- Loss of companionship
- Child dependency
- Pain and suffering
- Funeral expenses
- Medical bills (if the deceased spent some time in hospital)
- Loss of support
Your attorney will give you the exact benefits you will pursue once they look into the facts of your case.
What Are the Causes of Wrongful Death?
The law in Georgia requires one to show negligence or intent in the actions of a person that caused the accident. Without these elements, it could be difficult to prove wrongful death in court. Several actions could lead to wrongful death, for example, medical malpractice, car accident, workplace accident, defective product, among others.
What Is the Statute of Limitations in Regards to Wrongful Death?
In all the states, when filing civil claims in court, you have to obey the statute of limitations. The statute of limitations provides for the maximum amount of time a person has to file a claim. In Georgia, the statute of limitation for wrongful death is two years from the date of death.
You can discuss certain exceptions with your attorney if you feel your case might be filed out of time. Some of the exceptions may include difficulty finding a legal representative or a criminal case against the liable party is not over. Another exception would be when you’re filing against the state, in which case, your statute of limitations may be considerably less time.
How Are the Benefits Shared in a Wrongful Death Claim?
A wrongful death claim aims at compensating all the members of the deceased estate. It is meant to ensure the dependents of the estate do not suffer financial problems in the future. The spouse usually files the claim and will include the interests of the children. There is no limit on the amount a jury can award the deceased’s estate; it all depends on the case’s facts and how well your attorney presents the case.
Do You Need Help from a Wrongful Death Attorney?
If you have lost a loved one through another person’s negligence or actions, you have the right to file a wrongful death claim against them. You should consider hiring a wrongful death attorney to help you get a maximum amount. Speak to a wrongful death attorney and get proper advice on getting justice.
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