If someone you love has lost their life due to another party’s intentional or negligent action, you could file a wrongful death lawsuit. Georgia is a fault state, but at the same time, only limited people can file a lawsuit following a person’s death. No matter the circumstances, working with a knowledgeable wrongful death attorney in attorney can help your case. Here’s more on Georgia laws and other aspects of hiring an attorney.
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Understanding wrongful death
There are several simple examples of wrongful death. For example, if a driver rammed into another vehicle and the accident killed the other driver, the former could be liable for negligence. Other examples of wrongful death cases include medical malpractice, sexual assault, defective product, and nursing home abuse.
Who can file a wrongful death case in Georgia?
The first right is that of the surviving spouse. If there is no surviving spouse, the child of the deceased can file a wrongful death lawsuit. When the deceased doesn’t have a surviving spouse or child, then parents can take legal action. If there is no immediate family, the executor of the deceased’s estate can make a decision. Simply put, a brother cannot file a wrongful death lawsuit following the death of his sister.
What damages can one recover from a wrongful death lawsuit?
Compared to personal injury cases, wrongful death lawsuits are often more complicated. The family (depending on who has filed the lawsuit) can recover lost wages, medical expenses, employment benefits, funeral expenses, and other expenses. Consider talking to an experienced attorney as soon as you can after the incident because it is worth knowing if you can actually file and hope to win a wrongful death lawsuit.
The statute of limitations
Like other states, Georgia also has a statute of limitations. If you intend to file a wrongful death lawsuit, you must do so within two years from the date of the deceased’s death. The count starts from the date of death, which can be different from the accident’s date.
Calling a lawyer
Filing a wrongful death lawsuit requires experience and expertise, and you can find law firms in Georgia that would offer a free consultation for your case. Nothing can brick back the dead, but an attorney can actually make it easy to sail through the turbulent times using the compensation money. You need to call a lawyer at the earliest because it can take a while to investigate the case and gather evidence.