If you recently lost a loved one due to an unexpected accident or crime in Georgia, the law may entitle your family to file a wrongful death lawsuit. Filing a wrongful death claim can bring your loved one justice and your family closure, as well as financial assistance during this difficult time.
At BMW Law Group, we care about families in Gainesville and are passionate about holding wrongdoers accountable for their actions. Find out how we can help you today.
Why Is it Important to Hire a Wrongful Death Lawyer in Gainesville?
Your family is going through enough while mourning the loss of a relative. It is often too much for a family to also deal with the complicated legal processes that come with filing a wrongful death claim.
If you choose to hire a wrongful death attorney in Gainesville, he or she will handle the legal process for you so you can focus on grieving. An attorney can investigate the accident, collect evidence and build a wrongful death claim on your family’s behalf. You can spend time with your family while your lawyer takes care of legal matters.
What Is Wrongful Death?
Each state has its own laws that give a specific definition of wrongful death. In Georgia, wrongful death is a fatal injury caused by the negligent, reckless, intentional or criminal acts of another person or entity. Negligence is a legal term that refers to a level of care that is inadequate, resulting in harm to another person.
A wrongful death claim is a civil lawsuit that seeks to hold one or more parties accountable for the preventable death of another person. Accountability in civil law means the at-fault party (defendant) will have to pay to reimburse the victim or filing party (plaintiff) for his or her injuries and other losses connected to the act of negligence.
How Do You File a Wrongful Death Claim?
If your family has grounds to file a wrongful death claim in Georgia, start your case by seeking advice from a personal injury attorney. A wrongful death attorney in Gainesville, GA can explain the laws surrounding your case and help you apply them to your specific situation. Your lawyer can then take over the filing process, handling confusing legal paperwork on your behalf.
A wrongful death lawsuit is different from a criminal case in that it is up to family members to file this type of claim. In criminal law, on the other hand, it is a prosecutor that brings charges against a defendant. In Georgia, only certain parties have the right to bring a wrongful death claim to court.
The right to file belongs first to a surviving spouse, who will also represent the rights of any minor children. If the deceased individual does not have a surviving spouse or child, his or her parents or the personal representative of the estate may file. Georgia has a strict deadline of two years from the date of the decedent’s death to bring a wrongful death lawsuit.
What Compensation Is Available for Wrongful Death in Georgia?
Families do not only bring wrongful death lawsuits for the money. A lawsuit has many other purposes, such as bringing the decedent justice. However, obtaining financial compensation for wrongful death can also help a family by allowing it to pay for related costs and move forward with better financial security.
A wrongful death lawsuit in Georgia can reimburse a family for many losses, including related medical bills, lost wages and employment benefits, lost care and companionship, loss of consortium, and mental anguish. A lawsuit can also reimburse the deceased person’s estate for funeral and burial expenses and the decedent’s pain and suffering before death.
Contact Our Wrongful Death Attorneys in Gainesville, GA Now
The pain of losing a loved one is incomparable. It can be even more difficult to accept a loss of life if you believe another person or party caused the death. If your spouse, child, parent or someone else close to you recently passed away in an accident or due to someone’s malicious intent to harm, don’t hesitate to contact us.