Wrongful death is the most tragic outcome of a personal injury accident. When a vehicle accident, premises liability accident, defective/dangerous product, workplace incident, or other situation causes the preventable death of a family member, surviving loved ones might have the right to file a lawsuit against one or more responsible parties in Alpharetta. The best way to learn your rights and seek justice for the untimely death of a loved one is with help from an attorney. Kaufman Law, P.C. is here for you in your family’s time of need.
Georgia Wrongful Death Laws to Know
Understanding the law is our job, but we know clients want to be knowledgeable about their claims as well. Deepening your understanding of Georgia’s wrongful death laws can help you understand who, when, why, and how someone can file a wrongful death claim in Alpharetta. The law can be on your side, but only if you know how to use it to your advantage. Keep the following three laws in mind when pursuing damages for a loved one’s death in Georgia:
What qualifies as wrongful death
To have grounds for a civil lawsuit, your loved one’s death must fulfill the definition of “wrongful.” Title 51, Chapter 4 of the Georgia Code defines wrongful death as one a “negligent, reckless, intentional, or criminal act” causes. Someone must have caused the death of your loved one in a way that fulfills this statute. “Negligence” can mean any breach of duty to the deceased person.
Restrictions on who can file
In Georgia, there is a hierarchy of who has the right to file a lawsuit after someone’s wrongful death. The right goes to a surviving spouse of the decedent. The surviving spouse must represent the interests of minor children in a lawsuit, if applicable. If no spouse or minor children exist, a surviving parent or personal representative of the decedent’s estate may bring the claim.
Deadline for filing
Don’t risk losing your right to file because of a missed deadline. In Georgia, you have two years from the date of your loved one’s death to bring a claim. This is a strict statute of limitations, but it does have a few exceptions in special claims. In most cases, however, if you do not file your claim within the two-year limit, you lose your right to file altogether.
There are many other statutes, rules, and filing requirements surrounding wrongful death claims in Alpharetta, but these are the most important. At Kaufman Law, P.C., we pride ourselves on knowing wrongful death laws in detail. Jeffrey Kaufman and his team of experienced attorneys can help you get the facts about your case, learn your rights, and take action against the responsible party or parties in pursuit of compensation.
Request a Free Consultation With An Alpharetta Wrongful Death Lawyer
You and your family could recover medical costs, funeral and burial expenses, mental anguish compensation, and loss of consortium damages with a wrongful death claim. Let our team be the lawyers you trust during this emotional experience. We provide the personal care of a boutique Alpharetta wrongful death law firm but have the resources of a larger team of lawyers. Call (404) 998-4814 or go online to request your free consultation today.
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