How does a family know if they have a valid wrongful death claim?
If you have lost a loved one due to the negligence or recklessness of another party or parties, Georgia law says you may have grounds for a wrongful death claim. Under the state statute, the family of the victim can pursue a claim for the “full value of the life of the decedent, as shown by the evidence.”
Some of the more common types of wrongful death cases that an Athens, GA wrongful death lawyer handles include:
- A car accident where the at-fault driver was speeding or committing another traffic violation.
- A premises liability accident where a property owner failed to repair a serious hazard and a visitor to the property suffered serious injuries as a result.
- A truck accident where the truck driver fell asleep at the wheel because they had violated the federal hours of service regulations.
Is there a time limit on how long a family has to file a wrongful death claim?
Under Georgia law, the victim’s family has two years from the state of death to file a claim. There are some exceptions to this rule. A wrongful death lawyer can evaluate your case to determine what the time limit is in your case.
Who has the legal right to file a wrongful death claim?
Every state has its own wrongful death laws that determine who has the legal right to pursue a wrongful death claim. Georgia law limits the right to sue to only surviving family members:
- The surviving spouse or children
- The parents
- A personal representative of the victim’s estate for the benefit of the victim’s next of kin
How does a lawyer prove a wrongful death claim?
In order to prove the claim, the following factors must be present:
- The alleged at-fault party had a duty of care to the victim.
- The at-fault party breached that duty of care.
- That breach resulted in the victim’s death.
- The victim’s next of kin suffered financial and emotional damage as a result of the victim’s death.
What damages can be pursued in a wrongful death claim?
Each wrongful death case is unique and the damages survivors are entitled to can vary in each case, but, generally, the following are often included:
- Medical expenses for the life-saving efforts for the victim
- Funeral and burial expenses
- Loss of the victim’s financial support – i.e., future income
- Loss of the victim’s love and guidance
- Emotional anguish and grief the family has suffered over the victim’s death
Contact Our Personal Injury Law Firm Today
If you have lost a loved one due to the negligence or recklessness of another party, the legal team at Norris Injury Law can help you hold those responsible legally liable. Call our office today to schedule a free and confidential case evaluation with one of our dedicated wrongful death lawyers and find out what legal recourse you may have.