Losing a loved one can create many complications in the lives of surviving family members. They will need to pay substantial medical bills and funeral costs and may need to consider how they will provide financial support for the future. In addition, the event can have a profound impact on the quality of life of family members who will need to cope with the sudden loss.
If another person or company was responsible for the event that led up to the death, those parties have a legal obligation to provide fair compensation. It is up to the decedent’s surviving family members to retain a seasoned personal injury attorney to demand payments through a lawsuit.
A Buckhead wrongful death lawyer could help your family set things right. We are prepared to investigate the incident, identify fault, and demand fair compensation every step of the way.
When is a Wrongful Death Lawsuit is Appropriate?
Every accidental death is a tragedy that affects not just the decedent but also their family members. However, not every death can serve as a justifiable basis for a wrongful death lawsuit. To meet the legal concept of a wrongful death, plaintiffs must meet the legal definition under state law.
Under the Official Code of Georgia Annotated § 51-4-1, a wrongful death lawsuit may follow after a death that is the product of a crime, a negligent act, or defective property. As a result, a defendant does not need to intend to cause harm for a lawsuit to be appropriate. In fact, most cases result from accidents where a defendant did not want to hurt anyone.
A Buckhead wrongful death attorney could provide more information about the nuances of this type of claim. We could provide an initial case evaluation to discuss the known facts and determine if any person or entity may be liable.
Possible Limitations on Wrongful Death Cases
The death of a loved one can have a profound impact on an entire family. The emotional traumas associated with the incident and the financial burden felt by the family may feel overwhelming. Even so, state law limits the potential value of a wrongful death case, as well as how long after a death someone has to demand compensation.
Georgia law places an upper limit on punitive damages, which are damages that a court may award if a defendant’s actions causing a death were especially reckless or egregious. According to O.C.G.A. § 51-12-5.1, a court may not award punitive damages in excess of $250,000 for any single incident.
State law also limits how long family members have to bring a case to court following a death. Under O.C.G.A. § 9-3-33, this limit is two years from the date of the death. Wrongful death cases are some of the most complicated in personal injury law. A Buckhead wrongful death lawyer is prepared to help families navigate the legal nuances necessary to bring in the compensation that they deserve.
Retain the Services of a Buckhead Wrongful Death Attorney
Losing a loved one suddenly will always have a devastating effect on their family. If that death was the result of another’s negligence, recklessness, or act of violence, those parties are liable to provide the compensation that you need to secure your financial situation.
A Buckhead wrongful death lawyer could help you collect these payments. This includes gathering evidence concerning the incident, measuring how the event has impacted your life, and pursuing fair payments through insurance settlements and trial. Contact our team now so that you do not run afoul of the statute of limitations.