When a loved one perishes due to negligence, it can be challenging to know what to do first. As you work through your grief, consider speaking with a Roswell wrongful death lawyer at your earliest convenience. Depending on the circumstances surrounding the individual’s passing, your family could recover numerous damages.
An experienced attorney will review your case to learn more about the loved one’s accident and help you decide what damages you can potentially request. In wrongful death cases, it is possible to ask for loss of companionship, loss of income, and funeral and burial damages in addition to those concerning medical costs, pain and suffering, and mental anguish.
Types of Wrongful Death Claims
Legal professionals representing wrongful passing cases typically cite one of three issues: crime, negligence, or faulty products. If a person dies because of intentional assault or battery, the case becomes criminal rather than civil, and the defendant will be charged with homicide. Defendants in negligence and faulty product-related cases are also charged with homicide if there is sufficient evidence; however, the claims usually remain civil in nature.
Examples of wrongful death claims include those due to:
- Car accidents
- Slip and fall accidents
- The aforementioned defective products
- Medical malpractice
- Blunt force accidents from falling objects
Wrongful Passing Statute of Limitation Information for Georgia Residents
According to the Official Code of Georgia Annotated Title 51, Chapter 4, Section 1, plaintiffs in wrongful death cases have the right to receive the full value of the life of the decedent. The value is calculated without subtracting the decedent’s personal or necessity-based expenses if the individual had not perished.
The families of such persons have two years after the individuals’ deaths to a file legal claim. If the deceased person’s estate has not been subject to probate court, the state extends the statute of limitations to up to five years. Should an individual’s passing have to do with criminal activities, the statute of limitations starts once the case has finished. However, the claim must still be filed within six years.
Individuals Who Have the Right to File Unnecessary Death Claims
Several individuals can file untimely passing claims with the help of an attorney in the local area. If their spouse survives the deceased individual, that person can file. If there is no surviving spouse, a surviving child has the right to file. If neither a spouse nor a child survived the deceased person, that individual’s parent(s) can file legal claims. Other applicable parties include the decedent’s executor or administrator who recovers damages for next of kin, such as cousins or nephews/nieces.
The amount the legal professional recovers on behalf of the family gets divided evenly among them. If damages of $15,000 or more will go to underage children, the funds are held by natural guardians, such as aunts and uncles, until the children are 18.
Schedule a Consultation with a Roswell Wrongful Death Attorney
If your loved one passed because of workplace negligence, property owner negligence, intentional tort, or another act or situation that could have been prevented, speak with a Roswell wrongful death lawyer. Learn what damages you could potentially recover to help you stay financially afloat.
Contact today to discuss your case in depth. Our team of legal professionals is here to help you.