Wrongful death is defined as any premature death that has resulted from another party’s negligence. Common causes can include traffic accidents, workplace accidents, or deaths from injuries sustained through the use of defective products. In the state of Georgia, if the family members of someone who died believe that the deceased died due to some form of negligence, a wrongful death lawsuit may be filed to recover monetary compensation.
Who May File a Wrongful Death Claim?
In most cases, it is the spouse of the deceased that will file the claim. If the deceased did not have a spouse, there can be some confusion over who has the legal right to pursue a lawsuit. Most of the time, it is a parent or child of the deceased that will take legal action to recover damages from the person or company that is believed to be at fault.
Determining who has the right to file the claim is an important step. It will help avoid conflicts within your family and the possibility of multiple claims being filed. When more than one legal team is involved in a wrongful death case, it can create problems, especially if the legal teams are not working together.
How Long do I Have to Act?
Unless there are special circumstances to the deceased’s death, the statute of limitations on wrongful death lawsuits is two years. This means that if you attempt to bring a claim past this time, your case will be thrown out of court. Since it can take a considerable amount of time for an attorney to investigate your claim and build a case on your behalf, it is advised that you begin the process sooner rather than later so that you do not lose your rights due to the expiration of your statute of limitations.
What is the Value of My Claim?
There are a number of ways that damages can be calculated when pursuing a wrongful death claim. Things that are considered include the deceased’s assets, potential earnings, relationships with family members and others in the community, and pain and suffering due to the injuries that caused his or her death. Pain and suffering is filed under a different kind of claim referred to as an estate claim. This claim encompasses the cost of medical bills, funeral arrangements, and the loss of the victim’s quality of life before passing.
Learn More During a Risk-Free Consultation
Imbriale Injury Law has been serving the Marietta, Woodstock, and Acworth area for over 25 years. If you have suffered the premature loss of a loved one, we understand that it can be difficult to deal with a loss while fighting a legal battle. Give us a call at 678-445-7423 to learn exactly what we can do for you and whether we feel you have a claim to monetary compensation.