An autopsy is not required to initiate a wrongful death claim. However, there are very specific instances defined by Georgia law where an autopsy must be performed following a death.
While autopsies are not necessary, the information discovered can be beneficial in showing that the negligence of another person caused your loved one’s untimely death.
The Benefits of an Autopsy
According to Cornell Law School, an autopsy is a detailed medical examination of a dead body that is performed to determine the cause of death or provide information for scientific or medical purposes. When autopsies are performed following potentially suspicious deaths, they can provide substantial evidence that can connect the person’s death to another party’s careless actions.
For this reason, it is often beneficial to ask for an autopsy if you believe that carelessness or recklessness, such as medical malpractice or an auto accident, caused your loved one’s death. If an autopsy is not performed, it may be more challenging to prove causation, negligence, or willful misconduct by another.
Because autopsies are not legally required for wrongful death claims, you may not need to have one performed as it relates to your loved one’s death. In some instances, there is already enough evidence to support a wrongful death claim. To determine whether an autopsy is necessary, you could speak with an attorney.
What Will an Autopsy Reveal?
Autopsy reports always include:
- Determination of the cause of death
- Determination of the manner of death
With the cause and manner of death determined by a professional, the information within the report can prove to be invaluable in a wrongful death claim.
There are five types of manners of death according to the medical profession. They are:
- Natural
- Accidental
- Homicide
- Suicide
- Undetermined
If the death is determined to be natural, then it is unlikely that you will be able to pursue a wrongful death claim. However, in the event of an accidental death, a homicide, or an undetermined manner of death, your attorneys will be able to pursue legal action against a negligent party.
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Wrongful Death FAQs
What Are the Legal Requirements for a Wrongful Death Claim in Atlanta?Do I Need a Wrongful Death Lawyer?What Requirements Must Be Met for a Wrongful Death Claim in Smyrna?What Are the Legal Requirements for a Wrongful Death Claim in Decatur?How Hard Is It to Prove Wrongful Death?How Does a Wrongful Death Claim Work?When is an Autopsy Necessary
While autopsies are often optional, there are certain instances where they will need to be performed following an untimely death. According to the Georgia Bureau of Investigation (GBI), there are nine instances in which autopsies are required. They are:
- Death as a result of violence
- Death by suicide or casualty
- A death that occurs suddenly to someone who was apparently in very good health
- When the deceased was unattended by a physician
- When a death occurs in an unusual or suspicious manner. This is particularly relevant if the deceased was 16 or younger
- If a child under the age of seven dies unexpectedly
- When death is the result of an execution pursuant to the imposition of the death penalty
- When an inmate of a Georgia state hospital, or an inmate of a state, county, or city penal colony dies
- When someone is admitted to the hospital in an unconscious state, fails to regain consciousness, then dies within 24 hours of admission
If your loved one’s death was for any of the above reasons, then an autopsy will be performed automatically.
If your loved one’s death does not require an autopsy, speak with your wrongful death attorney about whether the performance of the autopsy could be beneficial to your claim.
How a Wrongful Death Lawyer Help With Your Claim
Whether an autopsy is performed or not, if a person died due to the negligent actions or inactions of another person or party, their family members have the right to file a wrongful death claim. If you believe you have grounds for a wrongful death lawsuit, you can begin the process by seeking the assistance of a wrongful death attorney.
They Can Help Determine if You Qualify for a Claim
Proving that someone else’s negligence led to the death of your loved one is no easy task. Trying to handle the situation on your own could prove challenging and stressful. Rather than putting yourself through additional hardship, you can contact an Atlanta wrongful death lawyer who can work on your behalf while you spend the necessary time with your family and friends.
Additionally, an attorney can help you determine if you have grounds for a claim and whether you are legally eligible to file one. According to O.C.G.A. § 51-4-2, only the following are allowed to file a wrongful death lawsuit:
- Spouses
- Parents
- Children
- Representatives of the victim’s estate
If you qualify to file a claim, then you should consider seeking legal counsel. A lawyer can help you investigate the circumstances surrounding your loved one’s death, collect invaluable supporting evidence, calculate damages, and determine who may be legally liable. In addition, they can speak with medical professionals and insurance companies to determine the value of your settlement.
They Can Negotiate With the At-Fault Party for a Settlement
Most wrongful death cases settle out of court. Your lawyer can negotiate with the liable party and their insurance company, all while serving as an advocate for you and the best interests of your family.
If an autopsy was performed, then the findings will be used to help reach a settlement that is fair to you and your loved ones. Items that can be recovered in a wrongful death claim include:
- Medical bills related to your loved one’s care
- Funeral and burial expenses
- Loss of earnings and benefits
- The decedent’s pain and suffering
- Family members’ pain and suffering
- Loss of consortium
They Can File Within the Georgia Statute of Limitations
In Georgia, the statute of limitations for filing a wrongful claim is two years per O.C.G.A. § 9-3-33. Failure to meet this deadline will likely mean that your case will not be viable and you will not be able to recover any damages.
They Can Save You Time and Money
Wrongful death claims can be more time-consuming if you attempt to navigate the process by yourself, as you do not possess the knowledge and experience an attorney does. The legal process is complex, and numerous documents will need to be filed for a wrongful death case.
Your attorney will handle most legal tasks, thereby freeing up your time to spend with your family as you heal from your emotional wounds related to your loved one’s passing.
They Can Take Your Case to Court
Not all wrongful death claims make it to trial, as parties often choose to settle before the process progresses to this point. However, if your case does end up in court, you want to have an experienced attorney to support you and work to obtain the maximum compensation available to your family.
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Get Legal Help for a Wrongful Death Claim Today
After the unexpected death of your loved one, you may be wondering what your options are for recovering compensation and ensuring they receive justice. While autopsies do not need to be performed to file a wrongful death claim in Georgia, there are instances where they automatically take place or can significantly help your claim.
If you suspect your loved one may be the victim of wrongful death, please schedule a free consultation with Bader Scott Injury Lawyers today.
Call or text (404) 888-8888 or complete a Free Case Evaluation form
