Coming to terms with the loss of a beloved family member is never easy. Facing a tragic loss only becomes more difficult upon learning that it could have been avoided entirely. The unfortunate reality following some deaths in Marietta is that they resulted from negligence.
If you have lost a loved one due to the negligence of another party, you could have the right to pursue a wrongful death action. While financial recovery cannot undo the loss of your family member, it could hold the responsible party accountable for what they have done. Let the team at Bader Scott Injury Lawyers provide compassionate counsel during this difficult time. Dial (404) 888-8888 to discuss working with a Marietta wrongful death lawyer today.
Defining a Wrongful Death Claim
State law defines a death as wrongful when it results from the negligent action of another entity. This could include any action that is found to be reckless, negligent, criminal, or intentional.
Wrongful death claims frequently target individuals. Examples could include an intoxicated driver responsible for a deadly crash or the perpetrator of a violent criminal attack. It is also important to note that corporations can also face wrongful death claims. This could include a drug manufacturer responsible for creating a dangerous or defective drug.
For a free legal consultation with a wrongful death lawyer serving Marietta, call (404) 888-8888
Only Certain Parties Can File Wrongful Death Cases
The Official Code of Georgia Annotated (OCGA) §51-4-2 outlines the parties that have the right to pursue a wrongful death action. For instance, if your spouse passed away, you and your children could recover compensation for various expenses. If the decedent does not have a surviving spouse or children, that does not mean that the wrongful death claim simply goes away. Instead, there are two other options for filing a claim. The decedent’s surviving parents have the right to pursue a claim under these circumstances. Likewise, the court could appoint a personal representative to the deceased person’s estate to move forward with the wrongful death case.
If a representative of the estate ultimately brings a lawsuit, they are not entitled to the settlement proceedings. Instead, the awards will go to the decedent’s estate. It will then be distributed to the decedent’s heirs accordingly.
Marietta Wrongful Death Lawyer Near Me (404) 888-8888
You Can Recover Compensation for Your Loved One’s Passing
OCGA §51-4-1 outlines how the state calculates certain wrongful death-related damages. The decedent’s “full value of life” will be taken into consideration when awarding financial recovery. Your settlement amount will also be based on the decedent’s final medical bills and lost income.
The decedent’s “full value of life” will also take into account non-economic damages, like loss of consortium, loss of parental guidance, and loss of household benefits. Relationships can also be a major factor in evaluating the value of a wrongful death claim.
The Deadline for Filing a Wrongful Death Lawsuit
If you are considering a wrongful death lawsuit, you do not have an unlimited window of time to file your case. Like all legal actions in Marietta, a wrongful death case must comply with the state’s statute of limitations. The statute of limitations operates as a hard deadline for your lawsuit. If you wait too long, your window of time to bring your claim could expire.
Most claimants have two years from the date of their loved one’s passing to file a wrongful death lawsuit in Georgia, per OCGA §9-3-33. However, the amount of time you have to file your lawsuit depends not only on the state but also on other elements of your case. You should never make any assumptions regarding your case’s deadlines. Your lawyer can explain when the statute of limitations expires on your case.
Certain Elements of Your Case May Toll the Statutory Deadline
It is worth noting that there are certain exceptions to the statute of limitations that apply to wrongful death lawsuits. It can be possible to extend (or toll) the window of time you have to file suit before it expires. For example, there is an exception to Georgia’s personal injury statute of limitations if the defendant leaves the state. You should consult your legal team before assuming whether any exceptions apply in your case.
One of the primary benefits of working with a Marietta wrongful death lawyer is their ability to manage the statute of limitations in your case. With Bader Scott Injury Lawyers on your side, you can rest easy knowing that our team will manage your case’s obligations. To learn more, call (404) 888-8888. Your first consultation will be offered at no cost to you.
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We Can Help You Recover Compensation for Your Loved One’s Passing
Our legal team is determined to help you hold the negligent party financially accountable for the full scope of your losses. After evaluating your case, we can explain what damages you and any beneficiaries may be able to recover.
We can also help you by:
- Managing your case’s deadlines
- Filling out your case’s necessary paperwork
- Determining the cause of your loved one’s passing
- Gathering evidence to support your side of the story
- Communicating with the involved parties and their legal counsel
- Negotiating for a settlement with the liable insurance company
- Filing your lawsuit in court, if required
We also work on a contingency-fee-basis. Our clients do not have to worry about retainers or hourly fees when they work with us. You only pay us for our help if we win your case.
Seek Justice with the Help of a Wrongful Death Attorney
Because of the state’s statute of limitations, it is vital that you avoid any delay in bringing your claim. While it can be difficult to consider legal issues while mourning the loss of a loved one, a lengthy delay could make it harder to hold the at-fault party responsible for your loved one’s passing.
At Bader Scott Injury Lawyers, we understand the challenges posed by losing a close loved one. We are prepared to approach your claim with compassion and understanding. By allowing our team to handle your case, you can focus on grieving and spending time with your family.
To learn more about working with a Marietta wrongful death lawyer, dial (404) 888-8888.