If you lost your loved one in a tragic accident, you may be facing an uncertain financial future. When your loss results from another party’s negligence, you may be able to collect compensation for damages under Georgia wrongful death law. Kaufman Law, P.C. treats your Johns Creek wrongful death case with the care and attention it deserves, while vigorously defending your right to compensation and holding the liable parties accountable for their actions. Contact us today to learn more about your legal options in a free initial consultation.
What Is a “Wrongful Death?”
A wrongful death is the loss of a loved one in an accident in which someone else was responsible. Wrongful death laws vary from state to state, but Georgia allows survivors to collect compensation for the damages they suffer as a result, which include:
- Expenses associated with the final illness or medical treatment
- The funeral and burial
- Loss in income
- Loss of guidance or partnership
- Emotional anguish
- Your loss in life quality or suffering resulting from your loss
Wrongful death claims give the surviving members of a family financial stability, so they can focus on the process of healing. Collecting damages in a wrongful death suit can provide peace of mind and eliminate one source of stress during an already traumatic experience.
Elements of a Wrongful Death Case
Like most personal injury cases, collecting compensation in a wrongful death case requires providing evidence that another party owed your loved one a duty of care, which they breached by committing negligence, and your loved one lost their life as a result. However, there are only certain people who may file a wrongful death claim in Georgia, including:
- The surviving children or spouse
- The surviving parents
- The personal representative or executor of the deceased’s estate
Georgia law also stipulates certain time limits for filing a wrongful death action. The courts call this the statute of limitations. In the majority of cases, the personal representative or survivors of the deceased must file the claim with the appropriate court within two years of the death. If you fail to file within this timeline, you may lose your right to compensation. It is important to meet with an experienced wrongful death attorney as soon as possible.
In some cases, however, the two year time clock might halt or stop running. Examples include when there are corresponding criminal trials ongoing, which would suspend the statute of limitation until the court proceeding is over. Always consult with an attorney before assuming you lost your right to compensation.
Contact a Johns Creek Wrongful Death Attorney
Nothing can ever erase the pain of losing a loved one. However, a wrongful death suit provides an important avenue of recourse for the surviving victims of another party’s negligence. If you lost a loved one and believe that someone else is legally liable for their death, you may be able to collect reimbursement for the full extent of the resulting damages. Contact us to schedule a free case evaluation and learn more about your legal options.