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When Do You Need a Wrongful Death Attorney? Does Your Case Apply?
In Georgia, when negligence or defective products lead to the tragic loss of life, a wrongful death lawsuit can be pursued. If someone you love has died due to another person’s negligent actions, having an experienced wrongful death attorney can be crucial. These lawsuits are intended to assist surviving family members, such as spouses and children, in facing the financial challenges that arise in such difficult times.
What circumstances qualify for a wrongful death lawsuit?
A wrongful death lawsuit can arise when negligence or the intent to cause harm results in the loss of life. Examples include work accidents, car accidents, medical negligence, and other incidents where someone loses their life due to another’s negligence. For instance, in a car accident, the negligent driver can be held liable in a wrongful death lawsuit. The same applies in cases of intentional acts, such as homicides. Those responsible for another’s death may face criminal charges and, additionally, be sued civilly in a wrongful death lawsuit.
To initiate a wrongful death lawsuit, surviving family members must prove two key points:
- That your loved one died due to someone else’s negligence.
- That the death of your loved one resulted in damages for the family, including loss of income, emotional distress, and other sufferings.
Statute of limitations for wrongful death lawsuits in Georgia
The statute of limitations in Georgia for filing a wrongful death lawsuit is two years. However, in some cases, this period can be tolled. For example, if it is discovered that a drug has harmful side effects years after the loss of a loved one, the limitation period may be halted. A wrongful death attorney can help you understand the specific details of your case and determine if the time to file a lawsuit can be suspended or if your case is subject to the statute of limitations.
Who can file a wrongful death lawsuit?
Wrongful death lawsuits allow representatives or individuals close to the deceased to file a lawsuit against the legally responsible party for the death. In most cases, wrongful death lawsuits are filed by representatives who legally act on behalf of the deceased’s interests and can take legal action. In certain situations, such as when someone dies without leaving a will, it is also possible to establish a lawsuit through intestate distribution. It is crucial to understand that workers’ compensation claims and wrongful death lawsuits are independent legal actions that can be initiated simultaneously after the loss of a loved one. If the accident occurred in the workplace and was caused by a third party unrelated to the employer, it is possible to file a wrongful death lawsuit against that third party. Each case is unique, and an experienced wrongful death attorney can analyze the circumstances to determine the best approach. If you have lost a loved one due to negligence or intentional acts, you may have the right to file a wrongful death lawsuit. Although no amount of money can compensate for your loss, the compensation can help your family face financial challenges in this painful time. In the midst of grief, having a goal can be comforting. A personal injury attorney can fight to ensure that everything necessary is covered and that you are in the best position to receive fair compensation for your loss. Know your legal rights and consult with an attorney specializing in wrongful death lawsuits to choose the best option for your case.
Most Asked Questions About Wrongful Death Attorneys
A wrongful death attorney is a legal professional specialized in cases where a person’s death has been caused due to negligence or negligent actions by another party. These attorneys represent surviving family members of the deceased and seek compensation for economic and emotional damages caused by the loss.
You should consider hiring a wrongful death attorney if you have lost a loved one due to the negligence of another person or entity. These attorneys can help you assess if you have a valid case and seek fair compensation for medical and funeral expenses, loss of salary, and emotional damages.
Wrongful death attorneys handle various cases, including car accidents, workplace accidents, medical negligence, involuntary manslaughter, defective products, and more. If the death of a loved one was due to another party’s negligence, a wrongful death attorney can help you seek justice.
Most wrongful death attorneys work under a contingency fee arrangement, meaning you do not pay legal fees unless they win your case. Legal costs are deducted from the compensation you receive. This makes it more accessible for people to seek legal representation in wrongful death cases without worrying about high initial costs.
At Virguez Law, we believe that each story is unique and deserves personalized attention. Over the years, we have had the privilege of assisting the community in hundreds of personal injury and immigration cases. Here, we share some of their inspiring success stories, where determination meets our legal expertise to achieve justice.