There are times when a family loses a loved one because of the negligence or wrongful intent of another party. This type of situation can be very difficult to handle, especially when the person who died was completely innocent and was simply a victim of somebody else’s negligence. If you or someone you know died in McDonough, Georgia, because of another person’s neglect, it is important that you call a wrongful death lawyer as soon as possible.
Deciding to contact a wrongful death lawyer near McDonough can be a difficult decision for any family, especially because they are already grieving the loss of their loved one. Surviving family members may face some struggle within the family on deciding whether to pursue a wrongful death lawsuit or not. However, contacting a wrongful death lawyer can help a family learn about the legal process and options available. Using wrongful death lawyers can help you understand your legal options and what steps you could take to ensure that the victim gets the justice they deserve. Handling a death in the family is difficult and even more so in wrongful death cases.
Death resulting from negligence, reckless acts, criminal action or intentional targeting is all subject to review for a potential wrongful death case. While there is no guarantee that compensation will be granted in every situation, as long as there is sufficient evidence to prove that the death was due to no fault of the victim and did not occur because of natural causes, the courts can hold the responsible party liable for their actions.
It is important to talk to a wrongful death lawyer to determine if you should pursue a wrongful death case. There are some difficult questions that may need to be answered including:
- What monetary value can be assigned to the deceased?
- What non-economic value did this person have for the survivors?
- Where there dependents who are now financially burdened because of this loss?
- Has the loss directly affected the family’s financial situation?
This set of questions may seem cold and calculating, but the fact is that surviving family members, especially if there are children involved, can really suffer from the wrongful death of the sole earner of a family or a primary parent, guardian, or caregiver. Surviving family members deserve justice, and they need support at this time to not only deal with their loss but to also come to terms with how their lives will change in the future.
Our injury firm near McDonough understands the seriousness and sensitive nature of the situation. We can help you decide what course of action to take based on the information and evidence available.
Who Can File a Wrongful Death Claim in McDonough, GA?
You and your family have experienced a great loss. A child, grandchild, spouse or parent that was in your life only a short time ago was taken from your family. This can be a terrible time for any family, but if you are sure that the death in question occurred because of the negligence of a third party, you must contact a personal injury lawyer serving McDonough.
However, keep in mind that in McDonough, GA, not everyone can file a wrongful death claim. Because of the nature of the claim, a wrongful death lawyer cannot represent just anyone who states their life changed because of this loss. Only those who are directly affected by death can file a claim.
Wrongful death attorneys should have a thorough knowledge of who may be eligible to file a wrongful death claim. Usually, this is limited to parents, children, and spouses. Special consideration may also be given to step-siblings, step-children, and grandparents, but that will be determined based on the closeness of the family members to the victim, their financial dependency, and their current circumstances. In most wrongful death cases, families work together, but the courts generally grant damages to those who have suffered the most due to the death of the victim.
Common Questions About Wrongful Death Law
What can cause a wrongful death?
Wrongful death lawyers can help you understand if your loved one’s death qualifies as “wrongful” legally. Common instances that qualify as wrongful death or death at the fault of another person could include deaths that occur in:
- Car accidents
- Tractor or commercial truck accidents
- Slip and fall accidents on private property
- Domesticated animal attacks
- Injury resulting in death on the private property
- Abuse while under medical care
- Abuse in a nursing home
These are just a few examples. A wrongful death lawyer will be in a better position to help you understand if the death in question can be considered wrongful under the eyes of the law. If you or your family feel that the loss of your family member was wrongful, seek guidance from wrongful death attorneys.
What are “punitive damages”?
This term is thrown around a lot, but what it comes down to is that it is a form of penalty. Punitive damages are additional fines set by the court in an effort to prevent the defendant from acting in the same manner again anytime in the future. Typically, this is used in cases of clear neglect.
How will I receive compensation for my loss?
You will receive monetary compensation when you file a wrongful death claim. While it is understandable that money cannot replace a loved one, the goal is to recover the value of the life lost. The money that you get as part of the settlement is meant to assist the family in paying funeral expenses, outstanding medical bills, and to also financially recover from the loss in the months and years to come.
Sensitive Family Situations
There is no doubt that wrongful death cases can be very sensitive and tricky. Families can sometimes become involved in their own issues after the death of a loved one. There can also be situations where surviving family members are unsure of what to do or how to proceed. That is why you need to speak to a wrongful death lawyer as they can help answer your questions and help you understand your options and possible legal course of action.
Keep in mind that in the state of Georgia, there is a two-year time frame within which you can pursue a wrongful death claim. That is why it is important that you sort out your family issues and take action within this time frame or you could lose your chances of compensation completely.
There can be exceptions to this statute of limitations but only if there are special circumstances. For example, if the deceased lived on medical support for an extended period of time, the time to submit your claim may be extended. However, you need to discuss these specifics with a wrongful death attorney. There are different legal conditions that govern different situations. A wrongful death attorney will be in a better position to explain all this to you.
An estate claim is also a possibility. You and your family are entitled to recover a monetary value for the estate. This includes compensation for medical bills, as well as pain and suffering. This is where the claim for any punitive damages is made. A wrongful death lawyer can help you file multiple claims, but that will be based on the evidence and your specific situation. Speak to a wrongful death attorney in this regard.
What Happens If There is a Criminal Trial for the Wrongful Death?
At times, the statute of limitations will be paused if there is a criminal trial pending. The criminal trial must conclude prior to a wrongful death claim. However, a wrongful death lawyer can work with you throughout this process and can gather evidence, collect all necessary documentation and prepare your case while the criminal case proceeds.
Damages and Medical Bills
The amount of damages that eligible family members can be compensated for is dependent on many factors including the financial role of the deceased within the family, the surviving members, their financial situation. Non-economic include:
- Relationship value
- Loss of personal growth, such as the opportunity for marriage or children
- Day-to-day lost experiences
- Volunteering
- Lost career opportunities or goals
These aspects are all non-economic, and often lead to a longer jury deliberation or court case. There are certain elements that cannot be quantified, but they still affect a person’s life. A wrongful death lawyer will be able to help you with preparing the case and will determine what aspects can be included in the claim and the quantitative amount that can be claimed based on the family dynamics and the current support system for the survivors.
Any damages received are also governed by the state. In some instances, a spouse is required to keep at least one-third of the recovery, and the remaining is divided among the remaining family members with a priority on children. However, in alternate situations, the children take priority. This usually occurs if the deceased and spouse were separated or divorced at the time of death. It is best to discuss these factors with a wrongful death lawyer.
Seeking advice from wrongful death attorneys is always a good first step. Even if you’re not ready to begin a claim right away, you should be aware of the statute of limitations, and you should also be aware of the possible damages that you can claim and what you would need to do if you decide to pursue a wrongful death lawsuit.
Reach Out to a Wrongful Death Lawyer Near McDonough, GA
Take your time and grieve for your lost loved one. A family member’s death is a difficult time not for one person, but for an entire family. Working together through the range of emotions of losing a family member can help you come to a consensus on whether or not to pursue legal action.
Many people experience grief differently. Many times, those who are more than qualified to pursue a wrongful death claim in McDonough, Georgia still don’t do so because they are so overwhelmed with grief. Working together as a family is always encouraged by wrongful death lawyers. These wrongful death attorneys understand the family dynamic at play in such situations. They also know that things can become even more complicated if there are other ongoing legal issues.
Whatever the situation, it is important for families to provide complete information to the wrongful death lawyer. For example, if the death of your loved one occurred in a nursing home and you are confident that the death was the result of negligence by a healthcare provider, you need to tell your wrongful death lawyer why you believe this is so. If you have any evidence or any past events that could prove this could be the case, you need to give this information and provide this evidence to your wrongful death lawyer.
A wrongful death attorney can help you identify what evidence is useful and what is unnecessary. Keep in mind that the defendant is likely also preparing a case. If you are unprepared, it can only make your case more difficult.
Call a wrongful death lawyer near McDonough, GA today to gain valuable insight into your case and the special circumstances surrounding your loved one’s death. Although your loss and the grief your family is experiencing cannot be recovered through money, relieving the stress of the financial burden and strain your family is experiencing at this time can allow you to recover.
Call The Weinstein Firm’s offices today to learn more about wrongful death lawsuits and your legal options. We are here to help you deal with the loss of your loved one and to help bring justice to you and your family. There is no justification for causing the death of another individual. If that is the case, we will fight for your rights, and we will ensure that the person responsible for the death of your loved one does not go unpunished.
