What is a Wrongful Death Case?
A wrongful death is a death that is caused by someone else’s negligence, such as: carelessness, incompetence, or failure to act. For example, a situation in which a person who is legally crossing the street, and happens to be killed by a drunk driver is considered a wrongful death.
Loved ones of the departed can file wrongful death personal injury lawsuits on their behalf. These sorts of lawsuits assist loved ones in recovering losses for pain and suffering, stress, monetary loss, medical bills, and other costs.
In Georgia, surviving spouses may file the claiming. If there is no spouse of the departed, the children may file the claim. If these two parties do not exist, then the parents may pursue the claim. If the deceased was under age 18 at the time of death, then the parents usually are the proper parties to pursue the wrongful death claim. If the departed has none of these, then administrator of the departed’s estate may file the wrongful death claim.
Discussing your case with a knowledgeable wrongful death lawyer is a must!
Wrongful death lawyers can:
According to Georgia law, the claimant may recover:
“the full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived.” This refers to the departed’s lifetime income and general enjoyment of life. The claimant may also seek damages like costly medical and funeral bills.
Under Georgia law, the statute of limitations for wrongful death cases varies widely. Generally, the statute of limitations for a wrongful death claim is 2 years, while in some circumstances it might be shorter or longer. The age of the plaintiff, whether the negligent party is a governmental entity, the state in which the negligent act occurred, and the cause of the wrongful death are just a few factors that determine the length of time the plaintiff has to make the claim. An experienced wrongful death lawyer can further assist you with this.
A majority of all wrongful death cases are settled prior to trial, and some are even settled before even filing the lawsuit. It is not uncommon however, for a wrongful death case to take several years to come to fruition. It is important that you be aware of the time consuming commitment you might have to make in order to see the case to the end.
At the law office of Bruce A. Hagen, all of our cases are handled on a contingent fee basis, meaning that there is no fee required to retain the lawyer. Fees are a percentage of any recovery that’s made. Typically, all costs of pursuing that action are also covered by the attorney, so you don’t have to come out of pocket for any costs.
We understand how difficult a time it can be for the loved ones of the departed in a wrongful death case. Don’t hesitate to contact Bruce A. Hagen, your wrongful death attorney in Atlanta, Georgia.