What are the most common types of wrongful death cases?
We have handled numerous wrongful death claims over the years, and the causes can vary. We are equipped to handle any wrongful death case, some of which include:
- Medical Malpractice
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Pedestrian Accidents
- Airplane Crashes
- Deaths at the Workplace
- Slip and Fall Accidents
- Defective Products
- Nursing Home Neglect and Abuse
- Abuse and Neglect in Daycares
- Criminal Behavior
- Hazards in the Workplace
If your loved one died because of criminal activity, your wrongful death lawsuit is a civil matter and utterly separate from the criminal trial. You also need more evidence in a criminal case than you do in a civil case. So, even if the party responsible for your loved one’s death isn’t found guilty of criminal charges, you can still win your civil suit.
In cases where there is no criminal act, we will have to prove that the at-fault party is negligent and responsible for your loved one’s death. There are four things we have to prove to determine negligence: damages, causation, duty, and violation of duty. The evidence we collect is essential in proving negligence and winning your wrongful death lawsuit.
Who can file a wrongful death claim in Georgia?
Each state has different laws that define wrongful death lawsuits. In Georgia, the spouse of the deceased is the first person that can bring forward a wrongful death claim. If there are kids involved, then the circumstances of the settlement changes. The spouse will receive at least one-third of the settlement, while the rest of the money is split among the children. There are some instances where the next of kin can also file a claim.
Is there a time limit on filing a wrongful death lawsuit?
Statutes differ between states, but there is always a statute of limitations. You must file your claim within a specific time, or it will be invalid. In the state of Georgia, you only have two years from the date of death to file your wrongful death lawsuit.
There can be some exceptions to the statute of limitations, especially if there is a criminal trial involved. Since criminal trials can take a long time, courts try to keep civil and criminal cases separate. Both court systems require different proof in their cases, and civil litigation should never affect a criminal trial.
For example, a civil case is less strict, and if a defendant is found negligent, this can influence a jury in a criminal case. However, a criminal case requires much more proof, so it isn’t fair to the defendant to confuse the two. If the defendant is found guilty of wrongful death, a jury could think they were also guilty of the crime. So, these court systems keep cases as separate as possible.
The probate process can also affect the timeline of a wrongful death suit. When a person dies, probate is a legal term used to describe handling a person’s estate.
During probate an estate’s assets will be calculated, debts will be paid off, and the terms of a will are satisfied. In the state of Georgia, you have five years to wrap up probate on a will, and then the two-year statue runs consecutively. So, you could have up to seven years from the date of death to file a wrongful death claim.
How do you prove a wrongful death claim?
Like any court case, the evidence is an essential part of a wrongful death case. We will gather evidence and review police reports, medical records, accident reports, witness testimony, photographs, and even video evidence. These types of claims require extensive investigations, which is why you need an experienced attorney on your side.
What types of compensation can I receive?
Even though money can never give you closure on losing your loved one, it can provide some relief. With sudden accidents and deaths, there are usually a lot of expenses and damages that are left behind.
Families suffer from the grief of loss and covering these expenses. We know how sensitive these cases can be, and we want to honor the memory of your loved one above everything else. It is our mission to give you peace of mind after your loss. Some of the most common types of damages we seek are:
- Medical expenses
- Funeral Expenses
- Punitive Damages
You deserve support during this difficult time
Nobody should have to deal with the sudden loss of a loved one, and we’re here to support you through the process. We want to make sure that you receive a proper settlement so that you can begin to move forward with your life. If you have suffered the loss of a loved one because of the negligence of someone else, contact Bader Scott Injury Lawyers today.