The term “wrongful death” refers to the death of an individual that could have been prevented or would not have happened had it not been for the negligence, carelessness or intent of another party. There are laws in place in Johns Creek, GA that offer surviving family members the option to file a lawsuit against those they deem responsible for the death in question. If you have lost someone you love, and if you believe that they died because of somebody’s negligence or intent, you should talk to a wrongful death lawyer in Johns Creek, Georgia.
Should I Hire a Wrongful Death Lawyer in Johns Creek, Georgia?
If you have recently lost a loved one due to the negligence or malice of another, there are bound to be many questions running through your head. Who is eligible to file a wrongful death claim? What is regarded as a wrongful death? An experienced attorney will be able to explain these things in great detail to you so you can approach your case with confidence.
Any individual that feels their close loved one died due to the negligence of another party can file a lawsuit against that negligent individual on the grounds of wrongful death. This is a serious accusation, but one that is not uncommon in our courts today. If you believe that somebody you loved died due to the negligence of another individual, you should speak to a wrongful death lawyer immediately. As per the laws in Johns Creek, Georgia, there is a statute of limitations in place for filing a wrongful death claim. That is why you need to speak to wrongful death attorneys so that they can help you file your wrongful death claim without delay.
Ask a Georgia Wrongful Death Attorney: What Qualifies as a Wrongful Death?
According to the state of Georgia’s code of law, “wrongful death” is construed as the untimely death of a person that is caused by the negligence, recklessness, or any intentional or criminal act of another entity (i.e., a business) or person. Typically, negligence is defined as a person’s or an entity’s failure to use diligence and care in circumstances where they must do so, and which unfortunately leads to a fatal injury. If this has been the case with you and your loved ones, contact personal injury lawyers to find out how you can file a claim against the negligent party.
It is important to note that just because your spouse, child, or parent has passed away, this does not mean that it is a case of wrongful death. Wrongful death claims are based on establishing negligence. A wrongful death lawyer will need to prove negligence and will be required to link it to a specific event such as an auto accident in Johns Creek, a work-related incident, or wrong diagnosis.
In a wrongful death case, the harmed party is no longer able to file their claim. Instead, their family members are the ones who contact the wrongful death attorney and bring the case to court. In some cases, the personal representative of the deceased may contact wrongful death attorneys if there are no living relatives who are allowed or entitled under Georgia’s code of law to file the claim. You can discuss these aspects with wrongful death lawyers to find out if you can file a wrongful death claim on somebody’s behalf.
Who Can File a Wrongful Death Claim According to Georgia Law?
Under the laws of Georgia, a wrongful death claim may be brought to court by the surviving spouse, partner, or parent of the deceased. If a husband or wife passes, the surviving spouse can and should represent the interests of their children in court. As per the provisions of the law, the spouse will not receive less than one-third of the total recovery amount that the court approves. This is irrespective of the number of children that the couple shared. Children will also be entitled to a fair share of the same as per the laws in Georgia. Speak to a wrongful death lawyer to find out more information in this regard.
In case the deceased had no spouse or children who could file a wrongful death claim, a claim may be brought by either the surviving parent or parents or by the personal representative of the deceased person’s estate. However, there are specific regulations regarding this so you must discuss this with a wrongful death lawyer.
If the claim is brought by a personal representative of the deceased, any recovery attained by the wrongful death attorney on their behalf shall be held by the estate for the fruitful benefit of the deceased person’s next of kin. If you are still not sure whether or not you are qualified to file a claim, then Georgia wrongful death attorneys can advise you on this matter.
What Compensation Can Wrongful Death Lawyers Help Me Receive?
There are two main types of wrongful death claims that can be filed under Georgia law. You can establish the value of the deceased’s life or indemnify the deceased person’s family or any representative or representatives thereof against any financial loss associated with their demise.
The first type of claim is brought to court by the wrongful death lawyers on behalf of the surviving relatives of the deceased. It focuses primarily on recovering any financial loss as well as the intangible value of the decedent’s life such as:
- Loss of benefits and earnings, including any amounts that the decedent would have been entitled to if he or she had lived, and
- Deprivation of care, companionship, and other intangible benefits that the decedent provided to his or her kin.
This information may be complicated for you to decipher on your own, that is why you should clarify any questions or concerns you might have about wrongful death with your wrongful death lawyer.
It is not uncommon for an assessor to establish and place a financial value on the loss of any household benefits that the decedent would have provided to their family if they had not died. This would be added to the settlement amount.
By comparison, the second type of claim is filed on behalf of the estate of the decedent. Speak to your wrongful death attorneys about this option. The damages that the wrongful death lawyers can recover in this case include:
Expenses associated with the decedent’s last illness, hospitalization, or injury can be quite significant. After the person’s death, it is the surviving family members who have to deal with these expenditures. That is why the law in Georgia allows family members to file a wrongful death claim so that they can be compensated for financial loss and pain and suffering. Talk to a wrongful death lawyer to find out how you can claim healthcare expenses in a wrongful death claim.
Funeral and burial costs
Funerals can be quite expensive. This is something the surviving family members have to deal with along with the pain and loss of losing a loved one. Speak to wrongful death attorneys as to how they can help you seek compensation for these expenses during this difficult time.
You may also be able to claim for the suffering and pain that the deceased person experienced before their demise. This is a fairly subjective element of a wrongful death claim and will require the skill of a wrongful death lawyer to ensure it holds up in court. Surviving family members can play an important role here as they were the closest to the deceased. They should provide as much information as they can to the wrongful death attorneys so that they, in turn, can prepare a strong argument on their behalf. That is why it is important to think about all elements surrounding the death of your loved one and to provide every little detail to your wrongful death lawyer.
Ask a Wrongful Death Attorney: Statute of Limitation for Georgia Wrongful Death Claims
According to the statute of limitations enforced in Johns Creek, Georgia, the survivors or the representative of the decedent need to contact the wrongful death lawyer and file a claim within two years of the date of death. If the case is not brought in a court within the two-year time frame, the right to file a claim is virtually lost. That is why it is important that surviving family members do not delay and contact a wrongful death lawyer as soon as they realize or become aware of the fact that their loved one’s death was indeed preventable.
As each case is different, wrongful death attorneys need to keep in mind that the two-year ‘stopwatch’ tolls or stops in specific situations. For instance, if a criminal case dealing with the same events as the wrongful death claim has been brought to court already, the two-year time frame is suspended until the criminal case is resolved. The two-year term starts running again on the same day that the criminal file is closed. Any wrongful death attorney would be aware of this fact, and you should thus discuss this with them if this applies to your case.
Your wrongful death attorney will tell you that as per the law in Georgia, the statute of limitations for a wrongful death claim may be tolled for up to five years if the decedent’s estate has not been probated. You may speak to your wrongful death lawyer about this in more detail, but this means that in certain cases, a wrongful death claim may be filed within up to seven years following the decedent’s demise.
Reach Out to a Johns Creek, Georgia Wrongful Death Lawyer About Your Case
If you have any questions, it is vitally important that you speak to a wrongful death lawyer practicing in Johns Creek, Georgia to find out how the statute of limitations can be applied in your particular case and what kind of claim or remedy is best to pursue. At The Weinstein Firm, we have a team of lawyers who are dedicated to providing the best legal representation to each client. Our goal is to help victims of wrongful death in their time of need and to make sure that they have access to help and support as they need it even more during this time
It is never easy to lose somebody you love. But the situation is even more difficult to handle when you know that the death of your loved ones was due to the negligence of a third party. That is why the legal system in Johns Creek, GA provides surviving family members the chance to get some closure and to make sure that the person who was negligent does not get the opportunity to do the same with somebody else.
Talk to our wrongful death lawyer and tell them exactly how the death occurred and why you suspect that negligence may have been a factor. Proving negligence is critical in a wrongful death claim. You need to speak to a lawyer, and you need to ensure you do it quickly so that they have plenty of time to investigate, collect necessary evidence and prepare a strong case on your behalf. Keep in mind that the party you are accusing of being negligent will also have legal representation. They will also have somebody defending them, so you need to be prepared and make sure you have representation, as well.
Our legal team at The Weinstein Firm is ready to help. All you need to do is schedule a free consultation, and our lawyers will be happy to assist you. We understand that you are mourning the loss of a loved one. We also realize that the last thing you want to deal with right now is court dates, legal documents, and deadlines. Let us do that for you while you and your family members recover from your loss. We are committed to doing our very best to fight for you and to give you excellent legal representation. Call us at The Weinstein Firm and schedule your first consultation with our wrongful death attorney today.