Losing a loved one is a very difficult experience, and when your loss stems from another person’s negligence, it can amplify the stress of the situation. If you have lost a loved one and believe someone else is to blame, contact a Marietta wrongful death lawyer as soon as possible. With vehement and compassionate guidance, a personal injury attorney could help you compile your case and present it to the court effectively. With the right help, you may be able to receive compensation for your suffering and achieve some degree of closure after the loss of your family member. Consult a dedicated personal injury attorney who could help fight for your loved one’s dignity. En Español
Wrongful Death and Wrongful Death Lawsuit
In Marietta, a wrongful death is defined as a death that stems from reckless, negligent, criminal, or intentional acts on behalf of an individual or entity. Often, these cases are similar to standard personal injury claims, except for the fact that the injured person cannot present their case to the court. There are many kinds of situations that can lead to a wrongful death, including but not limited to:
- Motor vehicle crashes;
- Construction accidents;
- Medical mistakes; and
- Defective products.
As per the Official Code of Georgia §51-4-2, a wrongful death lawsuit must first be filed by the spouse of the deceased person if they are alive and able to file. Such a spouse is legally obligated to represent any children they have with the deceased in court, and they cannot receive less than one-third of the total compensation regardless of how many children there are.
If the deceased has no surviving spouse, children are the next individuals that are legally eligible to represent the deceased. If there are no surviving children, the claim can be filed by the decedent’s parent(s) or a personal representative of the deceased’s estate, in that order. In cases where a representative of the estate files the claim, compensation is held by the estate for the deceased individuals next of kin.
Statute of Limitations
Wrongful death lawsuits must be filed within two years from the date of the death in question. However, in some cases, this two-year clock is temporarily stopped. For example, if the events of the wrongful death suit are connected to a criminal court case, the clock may be paused until the case in question concludes.
For deaths involving medical malpractice, O.C.G.A. §9-3-71 sets the statute of limitations at two years from the date of the death due to medical malpractice, which can be caused by misdiagnosis, surgical error, or other medical mistakes. A Marietta wrongful death attorney could clarify what the statute of limitations is for your particular wrongful death case.
Wrongful Death Compensation
Regardless of who files the wrongful death lawsuit on behalf of the deceased or whether they have representation from a wrongful death lawyer in Marietta, the damages sought provide compensation for the full value of the deceased’s life as well as financial losses stemming from their death.
Compensation for life value includes economic losses like lost benefits and wages, as well as non-economic damages like loss of companionship, care, and other intangible factors. Compensation connected to financial losses includes medical expenses, pain and suffering, and funeral and burial expenses.
Work With a Marietta Wrongful Death Attorney
If you lost a loved one due to the negligence of another person, contact a Marietta wrongful death lawyer as soon as possible to discuss your options. With professional help, you could get through this difficult time and potentially receive compensation for your loss and the suffering it has caused. Call today to schedule a consultation.