There is no right or wrong way to handle the unexpected loss of a loved one. Your family may be overwhelmed with grief and questions about how the death happened. If you suspect someone else’s wrongdoing or careless mistake led to the fatal accident, your family may be entitled to file a wrongful death claim.
Taking legal action can bring your family a sense of closure and relief. For more information about bringing a wrongful death lawsuit, please contact a Buford wrongful death lawyer with BMW Law Group.
How Can a Wrongful Death Attorney Help Your Family?
Hiring a lawyer to handle your wrongful death case is the best way to stand up for your loved one’s rights without taking on the stress of a legal claim yourself. Your lawyer will know exactly what to do to bring a claim and protect your family’s interests during the legal process.
We will work hard to give your family what it needs during this difficult time, including legal advice, accident investigation, testimony from credible expert witnesses and assistance with paperwork. Hiring a Buford personal injury attorney will allow your family to fully focus on healing.
3 Wrongful Death Laws in Georgia to Know
Wrongful death can occur due to motor vehicle accidents, slip and falls, workplace accidents, violent crimes, and many other causes. Bringing a wrongful death lawsuit in Georgia requires navigating related laws and statutes. Your family must understand the legal requirements connected to a wrongful death claim to successfully hold a person or party accountable.
Definition of Wrongful Death
Georgia’s definition of wrongful death is a fatal injury caused by someone else’s recklessness, intent to harm or negligence. Negligence in personal injury law is the failure to use a reasonable amount of care when there is a duty to do so. If another person’s negligent, wanton or criminal act resulted in your loved one’s fatal injury, your family may have grounds for a wrongful death claim.
Statute of Limitations
The statute of limitations is a strict deadline for filing a wrongful death claim in Georgia. In general, if you miss your deadline, the courts will refuse to hear your case, removing your family’s right to recover financial compensation. The statute of limitations on most wrongful death lawsuits in Georgia is two years from the date of death.
Who Has the Right to File
Not just anyone has the right to bring a wrongful death claim after an unexpected loss of life. Georgia law restricts the right to file to the deceased person’s family members. The right goes first to the spouse of the deceased person, along with any minor children. Then, it goes to the decedent’s parents or a personal representative of the estate.
Types of Damages Available
In law, the term damages refers to both the losses a family suffered due to wrongful death as well as the financial compensation available for these losses. Although monetary recovery is not the only reason families file wrongful death lawsuits, it can significantly help a family that is facing related expenses – especially after the death of a breadwinner.
A wrongful death settlement or jury verdict could result in payment for the following losses:
- Reasonable funeral and burial costs
- Medical expenses for the final injury or illness
- Lost wages and earnings based on what the decedent would have made
- The decedent’s pain and suffering prior to death
- Loss of the decedent’s love, companionship and care
Financial compensation can be given to both the deceased person’s surviving family members as well as his or her estate. To learn how much your wrongful death claim might be worth based on the unique facts of your case, consult with an Atlanta wrongful death attorney.
Contact Our Wrongful Death Lawyers in Buford, Georgia Today
Wrongful death is one of the most traumatic experiences a person can suffer. Help is available with the right wrongful death attorney in Buford, Georgia. At BMW Law Group, we are passionate about lending a voice to those who can no longer speak for themselves. Please contact us today if you recently lost a loved one.