Wrongful death cases are on the rise all across the country. As far as the definition of wrongful death is concerned, it is when a person dies due to the negligence of another person. This death could have been prevented had it not been for the recklessness or carelessness of another party. Wrongful death cases happen in Fayetteville, GA, and can be devastating for surviving family members. If you have lost someone, you love, and if you believe that their death was caused by someone’s negligence or malicious intent, you should call a wrongful death lawyer.
The legal system in Fayetteville, GA allows survivors who believe that their loved ones died a wrongful death to file a lawsuit against the party they consider responsible. It is important to note that wrongful death cases cannot be filed on a whim. A wrongful death lawyer will need to prove the allegation and will have to provide the court with substantial evidence that is sufficient to establish that the defendant in question was responsible for the death of your loved one.
Discuss Statute of Limitations with Your Wrongful Death Attorneys
There is a statute of limitations in Fayetteville, GA for all wrongful death claims. The survivors or the representatives of the wrongful death victim should file a claim within two years of the date of death. The time limit may be altered if there are special circumstances. This can happen if there is an ongoing criminal case that deals with the same events as those associated with the wrongful death case. In such a case, the two year time period will begin once the criminal case is completed. In addition, the statute of limitations for a wrongful death claim may be extended to five years if the estate of the deceased is not probated. This time frame can sometimes even be extended to seven years depending on the circumstances of the case. It is thus important to file a claim as per these timeframe requirements so that you do not lose the opportunity to get justice for the death of your loved one. Speak to a wrongful death attorney today in this regard.
The Statute of limitations is more flexible for wrongful death claims mainly because, in a lot of cases, a criminal case is filed as well. If death occurs because of criminal intent, there are many factors at play. The legal system provides the flexibility to ensure that people who have lost their loved ones do not lose the opportunity to get justice. However, it is important to utilize this time properly and to ensure that you have a strong case that can hold up in the court of law. Talk to a wrongful death lawyer today to find out what your legal options.
What Qualifies as Wrongful Death in Fayetteville, GA?
As per the laws and regulations in Fayetteville, GA, wrongful death is one where an individual suffers an untimely death due to the negligence, carelessness or criminal intent of another party. In many cases, this includes professionals that fail to demonstrate due diligence and care thus causing the death of another person. The simplest example of a wrongful death case would be one through the hands of a medical professional either because of their negligence (wrong dose, overdose, misdiagnosis, mistreatment etc.) or because of their malicious intent (deliberately giving the victim the wrong medicine or the wrong dose or holding off an essential drug which is necessary to keep the individual alive). Wrongful death due to medical malpractice is very common as are wrongful death cases in nursing and retirement homes. If you have lost someone who was very dear to you because of similar circumstances or if you believe your loved one suffered because of someone’s negligence, you need to contact a wrongful death lawyer immediately.
Eligibility to File a Wrongful Death Claim
The following people are eligible to file a wrongful death claim on behalf of the deceased:
· The surviving spouse or partner
· The adult surviving children of the deceased
· The surviving parent of the deceased
· A personal representative of the deceased
As far as wrongful death claims are concerned, the spouse is usually the one who initiates a lawsuit and also represents the interests of their children. It is important to note that no matter how many children the couple had, the spouse will still not receive less than one-third of the settlement amount. For more information regarding how the settlement is divided among the spouse and children and the amount that can be claimed as per the laws in Fayetteville, GA, you should speak to a wrongful death lawyer.
If the victim has no spouse and no children, the parent(s) can also file a wrongful death lawsuit. If this is the case, you need to speak to a wrongful death attorney to find out how you can do so.
If there no surviving parents, no spouse, and no children, then a personal representative of the deceased can file a wrongful death claim. Any settlement that they receive will be held by the estate and will rightfully belong to the victim’s next of kin. You can find out how a personal representative can file a wrongful death lawsuit by speaking to wrongful death attorneys.
Types of Wrongful Death Claims
As per the law in Georgia, there are two types of wrongful death claims. There is the traditional wrongful death claim and the Estate claim. The first type of claim, which is the traditional wrongful death claim, allows the plaintiff to establish the complete value of the life of the deceased. One can claim monetary damages such as lost wages and benefits as well as non-monetary damages including loss of care, companionship and other non-material benefits that the deceased provided to the survivors. Discuss this with your wrongful death attorneys so that you can find out what and how much you can claim.
The second type of claim, i.e., the estate claim is based on the financial losses that result from the victim’s death. The goal is to recover losses to the estate that are caused directly by the untimely death of the deceased. In this type of claim, the plaintiff can claim medical expenses, funeral and burial expenses, and pain or suffering that the deceased had to bear before their death. Talk to a personal injury lawyer about filing such a claim.
If the case in question involved the deceased spending a significant amount of time in a healthcare facility, it is evident that there would be medical bills to pay. In the event of the death of the victim, payment of all these bills then becomes the responsibility of the surviving spouse or children or the deceased’s parents. While there is no guarantee as to how low or high this amount might be, the fact is that there are very few people who have the money to pay high costs of hospitalization, surgery, and prescription medicines. They would need some form of support to deal with these expenses. Talk to a wrongful death lawyer as to how you can claim compensation for the healthcare expenses of the deceased.
Similarly, if there is an untimely death in the family, funeral and burial costs are an immediate expense that the family did not anticipate. These costs can be quite high, and it is entirely possible that the family cannot even afford to pay these expenses. Talk to a wrongful death attorney in this regard and talk to them about how you can recover these losses.
While it is easy to prove and claim monetary damages, there is one element of a compensation claim that is quite subjective but equally important. This is the pain and suffering that the person who died may have experienced before their death. In order to claim an amount for pain and suffering, the surviving family members may have to provide in-depth information and will need to give details which would demonstrate the victim had indeed suffered before they died. This can be a sensitive situation and can often be painful for the surviving family members to talk about after the event. Wrongful death attorneys can help make the process easier for you and may help you better deal with the death of your loved one. Talk to a wrongful death lawyer today to find out how you can file a wrongful death lawsuit against the guilty party.
A wrongful death claim and/or an estate claim must be discussed with a wrongful death lawyer. Both have a different purpose, and both seek different types of damages. You can get more information about the types of wrongful death claims from your wrongful death lawyer. Make sure you understand how the system works and what possible course of action would be right for you. A wrongful death attorney can help you as they know the system in Fayetteville, GA and they know what the courts will require in terms of proof.
Contact Wrongful Death Lawyers at The Weinstein Firm
Death of a loved one can be very difficult to handle. It can be worse if that death was preventable and you feel that somebody was taken away from you too soon. Whether it was negligence or criminal intent, the fact is that there is no justification for losing somebody because another person wasn’t careful enough or because another person had bad intentions. You have the right to seek justice, and for that, you need to speak to a wrongful death lawyer as soon as possible.
Keep in mind that there for all wrongful death lawsuits, there is a statute of limitations, and while two years may seem like a long time, it really isn’t if you realize the process, the investigation and the work that will have to be put in by your wrongful death lawyer to ensure your loved one’s death does not go in vain. You have to understand that the deceased is no longer here to fight for their rights. That responsibility now lies on you, so whatever information you have that could help prove that the death was indeed wrongful and that somebody’s negligence or malicious intent was the cause of the death, you must tell your wrongful death attorney.
At The Weinstein Firm, our injury lawyers near Fayetteville understand how volatile and how sensitive these cases can be. Even the process of gathering information can be quite complex mainly because emotions are running high and the person you are accusing is not going to simply accept the fact that they are guilty and make things easy for you. That usually does not happen in the real world. So you and your wrongful death lawyer will have to work hard and will have to put in quite a bit of time and effort to gather the facts. Proving wrongful death is not easy unless you have a straight-up confession but your wrongful death lawyer can help you during this time. It is our legal team’s job to gather the evidence, to review all the information, to evaluate what happened and how it happened. Give all the information you have to our wrongful death attorney. Don’t leave anything. You might think that something is unimportant, but in cases like these, nothing is unimportant. Tell your wrongful death lawyer everything you know. That could make or break your case.
Our wrongful death lawyers have dealt with many wrongful death cases. Some have involved doctors while others have involved nurses and nursing homes. Other cases have a criminal element to them and have had to be pursued accordingly. Our wrongful death lawyer is here to help you with all the legal issues related to your wrongful death lawsuit. Whether it’s an outsider who is to be blamed or somebody you know, the important thing is to gather evidence to prove what you believe to be true. Call us today, and our wrongful death attorneys will be happy to assist you. Our wrongful death lawyers will provide you the most effective legal representation that is guaranteed to give you a positive outcome.