In Atlanta, the pursuit of justice through a wrongful death claim hinges on three critical legal requirements: proving the death was caused by negligence or a deliberate act, establishing a direct impact on the survivors, and identifying a liable party. These claims serve not only to seek financial compensation for the survivors but also to …
By law, you don’t need a wrongful death lawyer. However, if you decide to handle your case alone, you have to manage every single aspect of your case while grieving. Tasks You’ll Need to Handle Without a Wrongful Death Attorney Filing a wrongful death claim is a complex process that requires careful attention to detail …
Filing a wrongful death claim in Smyrna requires proving that someone or some entity was responsible for your loved one’s death and your family suffered losses as a result of your loved one’s death. There are also restrictions on who can file the claim and how long they have to do so. It can be …
You can file a wrongful death claim to recover compensation if another party’s negligence caused your loved one’s passing. Yet, there are many legal requirements you must meet to have a successful claim. For instance, Georgia law only lets certain parties pursue financial recovery. There are also filing deadlines that apply to your civil lawsuit. …
Depending on what caused the accident, proving wrongful death could be simple or very difficult. To prove a wrongful death occurred, surviving loved ones must prove the responsible person or entity was negligent in their actions. A wrongful death occurs when the action or inaction of another directly or indirectly causes the untimely loss of …
A wrongful death claim allows surviving family members to hold the at-fault party legally accountable in a civil court case. If you lost a loved one due to someone else’s negligent or intentional actions, you might be able to seek damages through a wrongful death claim or lawsuit. Types of Wrongful Death Many different circumstances …
The wrongful death statute of limitations in Georgia is generally two years, per O.C.G.A. § 9-3-33. Accordingly, in the event of a fatality caused by another party’s negligence, qualifying family members of the deceased may have up to two years to file a wrongful death lawsuit. Waiting longer than this to take legal action could …
If your loved one died in a car accident that was the fault of a driver, property owner, doctor, or another party in Atlanta, you could be eligible to file a wrongful death claim. A wrongful death claim is a legal action that holds a person or an entity (company or government agency) legally accountable …
How much a wrongful death lawsuit is worth will depend on a variety of factors. How your loved one’s passing took place, how preventable it was, how integral your loved one’s income was to your family, the cost of medical expenses prior to their death, and the amount of income they made are just a …
What happens after a wrongful death deposition will depend on the specific circumstances of your case. In some cases, the information it contains will strengthen your court case, and you might choose to continue to trial. In other cases, it might help steer your case toward a fair and appropriate financial settlement. Other things that …
A family member can sue for wrongful death after a car accident. In wrongful death lawsuits, the liable party is the person who was responsible for your loved one’s passing. If the lawsuit is successful, one or more parties may pay the surviving family member compensation to help address the many losses resulting from a …
When it comes to a wrongful death claim, the at-fault party would most likely be responsible for paying out damages to those who file a lawsuit. In practice, this means the insurance carrier of the at-fault party or parties pays out a settlement to the plaintiff, which could be a family member or representative of …
If your loved one passed away due to an accident and you are now considering legal action, there are some important things to know about your wrongful death case, including who can file a claim and the circumstances that qualify. Most importantly, a wrongful death claim only arises if your loved one died due to …
Typically, no, siblings cannot sue for wrongful death in Georgia. State law delineates who can pursue a wrongful death lawsuit, and this list does not include siblings. However, because each case is unique, an Atlanta wrongful death lawyer can advise you on the particulars of your situation. Furthermore, the personal representative of the decedent’s estate …
A wrongful death settlement is not considered taxable income. While all income is taxable, there are certain exceptions when it comes to personal injury compensation and wrongful death compensation. However, if you receive punitive damages on top of your economic and non-economic damages, then you may have to pay taxes on part of your settlement. …
Prior to hiring an Atlanta wrongful death lawyer to represent you, you should ask them any questions that will provide you with necessary information related to your claim. Some questions to ask a lawyer before hiring them are: What fee do you charge for your services? What amount of compensation will you seek? How will …
The Internal Revenue Service (IRS) states that wrongful death settlements are not considered income. Therefore, you will not be taxed on the financial compensation you receive. However, in some instances, you may be taxed for punitive damages that you receive as a part of your settlement. Whether or not these damages will be taxed is …
Under state law, the surviving spouse, child, or parent of a deceased victim can file an Atlanta wrongful death claim. It is important to note that there is a hierarchy when determining which family members can sue for wrongful death. The spouse has the right to file a claim first. If the decedent and their …
