If someone in your family passed away in an unexpected accident, you may be able to file a wrongful death claim in Georgia. The Jefferson wrongful death lawyers at BMW Law Group are passionate about seeking justice for fatal mistakes. We understand what you’re going through and what a successful lawsuit could mean for your family. Please contact us today to find out how we can help you.
What Qualifies as Wrongful Death in Georgia?
According to Georgia law, wrongful death is a death caused by the negligent, careless, reckless or criminal act of another person or party. If the deceased person would have had grounds to file a personal injury lawsuit had he or she survived the accident, his or her family can file a wrongful death claim.
There are many important reasons to bring a wrongful death action. Filing a claim can result in financial compensation for your losses, as well as hold the person or party at fault for causing the death accountable. Most importantly, a lawsuit can give your family the closure you need to mourn your loved one and heal.
Why Is it Important to Hire an Attorney for Your Wrongful Death Claim?
Even with something as serious as a loss of life, an insurance company’s priority is its bottom line. The insurance company receiving your wrongful death claim wants to protect its profits, not your family. It is important to hire a wrongful death attorney to advocate on your behalf during insurance claim negotiations.
The right personal injury attorney in Jefferson can guide you through the claims process to allow you to focus on the future. Your lawyer will fight for the best possible case results, even if that means taking your wrongful death case to trial. A wrongful death lawyer will handle accident investigation, the collection of evidence, claims filing and other tasks for you.
Who Gets the Money in a Wrongful Death Lawsuit in Georgia?
Although no amount of money will ever make up for losing your loved one in a preventable accident, monetary recovery could help your family move forward. Parties that can file wrongful death lawsuits in Georgia are the deceased person’s surviving spouse, parents or the personal representative of the decedent’s estate.
If the deceased person has surviving children, the spouse must file on behalf of the children as well. Georgia law states that wrongful death compensation must be equally divided among the surviving spouse and children per capita. Regardless of the number of children, a surviving spouse cannot recover less than one-third of the settlement money.
If the decedent does not have a surviving spouse or child, the compensation will go to the victim’s surviving parents equally, or all to one parent if only one survives. Otherwise, the entire amount may go to the victim’s estate to pay for medical bills, funeral arrangements and other debts.
What Is the Deadline for Filing a Wrongful Death Claim in Georgia?
Your family must file a wrongful death claim in a timely manner. Although you may be reeling from the sudden loss of a loved one, you do not have an unlimited amount of time to initiate the legal process.
In Georgia, the statute of limitations on wrongful death claims is two years from the date of the deceased person’s death, with some exceptions. If you try to file a wrongful death claim after the time limit has expired, you will most likely be barred from financial recovery.
Contact a Jefferson Wrongful Death Attorney Today
Suffering the loss of someone close to you is a terrible tragedy that no one should have to endure. If you believe someone else is responsible for your loved one’s fatal injury, your family may be able to achieve justice with a wrongful death lawsuit.
Talk to the Jefferson wrongful death attorneys at BMW Law today for more information. We provide free initial consultations so families can receive the answers they need at no cost or obligation to hire our lawyers. Call (770) 225-4710 or contact us online anytime to request a meeting with a member of our team.