A wrongful death lawyer can help you and your family if you lose a loved one due to someone else’s negligence. Wrongful death lawsuits need a dedicated investigation. But also, as a plaintiff, you need to prove your loved one’s passing was a direct consequence of someone else’s negligence or incompetence, and that can complicate your legal case.
An experienced Duluth wrongful death lawyer can take care of the legal side so you can spend time with your family and determine your next steps. Our compassionate personal injury attorneys are ready to assist you. Our bilingual lawyers are ready to provide legal assistance in both English and Spanish.
Defining “Wrongful Death”
Georgia law dictates that a “wrongful death” is defined as any case wherein the death of a person results from criminal behavior, negligence, or defectively manufactured property. For instance, when someone is killed in a car accident.
Wrongful death cases can be filed when another person or entity’s actions cause a person’s death. Other examples of cases where a wrongful death claim would be reasonable include the following:
- Medical malpractice
- Defective product-related deaths
- Criminal actions that led to the death
Wrongful death is a devastating blow to any family, and it often means that someone else is responsible for the losses you have suffered. Yet, as hard as it may be to express what occurred and navigate the legal options you face, we encourage you to do so, as it is the only way to hold those at fault accountable for your losses. You can expect our Duluth wrongful death attorneys to work hard to prove your rights to compensation in these cases.
How Do Wrongful Death Claims Work?
Unlike criminal prosecution, which requires proving the defendant’s guilt beyond a reasonable doubt, civil wrongful death claims only require the plaintiff to provide sufficient evidence showing that the defendant is primarily responsible for a person’s death. Though, in order to file a wrongful death case, you must have strong ties to the deceased. People who are eligible to file wrongful death claims include:
- The surviving spouse of the person who died
- The child of the deceased (if there is no surviving spouse)
- The parents of the deceased (if no children or spouse survived)
- The executor of the deceased person’s estate (if no family members survived)
Unfortunately, people such as siblings, cousins, or other family members are not allowed to file wrongful death claims under Georgia law. Only the individuals listed previously can file on behalf of the deceased have the right to file a claim.
If you are unsure if you have the right to pursue compensation after the death of your family member, we encourage you to reach out to us now to learn more about the legal options available.
What Can Be Recovered in a Wrongful Death Lawsuit?
Wrongful death claims are filed to recover damages from the defendant. These damages are determined based on the losses claimed by the plaintiffs. There are two primary types of losses that one can pursue through a wrongful death claim in Duluth, Georgia, including:
- The value of the life of the deceased, which includes: Lost wages, services, and benefits that may have been earned if the deceased had lived, and lost companionship, counsel, and care that the deceased may have provided if they lived
- Financial losses related to the death, such as medical expenses related to the deceased person’s injuries or illness, funeral expenses, such as burial costs, and other relevant expenses that resulted from the injuries or illness of the deceased
In some cases, a jury may award the surviving family members punitive damages. However, that only happens when the liable party’s actions were intentional or when they showed extreme negligence.
How Wrongful Death Settlements Are Paid Out
Wrongful death settlements can be paid out in multiple ways, depending on how you and your Duluth wrongful death attorney have approached your case and the type of accident that claimed your family member’s life. When you speak to our legal team, we can provide you with more insight and guidance into the rights you have in this area. Our team will provide you with some insight into each of the following areas.
Before diving into that, consider, though, what this death means to you beyond the emotional connection. For example, how did this person contribute to your life financially? Did they provide for any specific long-term expectations for you, such as an inheritance?
A key goal of ours is to fight for compensation at the highest level. We can do that by filing for an insurance settlement, but that is not always enough. There are times when you may also deserve more than the insurance company can or will pay, and that is why we turn to lawsuits as a second option. You may need to file with an insurance company in some situations.
Insurance Settlements
For example, if you lost a loved one in a fatal motorcycle accident, you may have the right to file a claim with the liable party’s insurance company. Additionally, you may also be able to file a claim with the decedent’s insurance company if they purchased no-fault insurance coverage. However, insurance may not be enough.
The insurance company likely only covers damage to the vehicle and the decedent’s medical expenses. The remaining losses may need to be recouped in another way. Fortunately, when you file a wrongful death action in civil court, you can recover your damages without being restricted by insurance limitations.
Insurance also often has a coverage limit. If the losses you have extend beyond that, you may need to move forward with a lawsuit to get additional compensation. Insurance settlements may be enough in some situations.
Wrongful Death Lawsuits
When you pursue a wrongful death claim at trial, you can recover damages that the insurance company does not cover. For example, if the liable party only had $50,000 per accident in bodily injury liability coverage, but the decedent’s medical expenses exceeded $250,000, the insurance company would likely only pay a maximum of $50,000. These are additional costs that you should be paid for, though.
This means there would be an additional $200,000 in medical bills that need to be paid. When you go to trial, you can seek this extra $200,000. However, you cannot be paid for damages twice. Any compensation you recover through an insurance claim will not be available through your wrongful death lawsuit.
One of the tasks we will provide to you throughout this process is to determine all of your rights. We encourage you to reach out to our Duluth accidental death lawyer today to learn what your options may be. Most of the time, we can work with you to extend your coverage with proof of the loss.
The Time Limit on Wrongful Death Claims in Georgia
As with any other type of lawsuit, there is a period during which you are required to file your wrongful death claim. This period is decided by a law called the Statute of limitations. Like personal injury claims, wrongful death claims in Duluth, GA, must be filed within two years, beginning the day the deceased passed away, and not filing within this timeframe will result in family members being unable to file a wrongful death lawsuit.
The Statute of Limitations for Criminal Cases
When a criminal case results in wrongful death, family members have more time to file their claims. This is because the Statute of limitations is suspended when the criminal case is litigated. The two-year Statute of limitations starts once the case is fully resolved, and there is a six-year maximum on the suspension of the Statute of limitations before the resolution of the case.
Examples of Wrongful Deaths
You are likely distraught by the death of your loved one, but filing a wrongful death claim will help you obtain some form of justice. Before you can file your claim, you should find out if the situation that caused your loved one to die qualifies as wrongful death. At the same time, you will need to speak to a wrongful death lawyer in Duluth, GA, at Barrios Virgüez to learn exactly whether or not you are eligible to file.
Wrongful death is not always applicable, even when your loved one died as a result of another person’s mistakes. Sometimes, mistakes are not uncommon and are a part of the situation. Yet, if there is any proof that negligence occurred, we will fight to protect your rights.
Are you unsure if your loved one’s death was wrongful? We can help you find out. Here are some examples of these losses:
Vehicle Accidents
When a passenger or commercial vehicle collides with another vehicle or structure, the results are often devastating. If your loved one died in such an accident, the at-fault party may be subject to a wrongful death lawsuit. Remember, Georgia is an at-fault state. That means the person responsible for the auto accident may also be liable for your damages.
Pedestrian Accidents
When pedestrians are struck by vehicles, the damage to the unprotected person is often significant. Often, these accidents result in the death of the pedestrian. This is incredibly common in high-traffic areas like school zones, although these deadly accidents can happen anywhere. A pedestrian accident in Duluth can help in those cases.
Medical Malpractice
If a doctor or other medical practitioner was negligent in their actions or caused an error that led to death, they could be liable. Wrongful death claims are typically filed when misdiagnosis, failure to diagnose, prescription errors, or surgical errors occur. Medical malpractice can occur for other reasons as well. Talk to a medical malpractice lawyer if you suffered due to a medical error.
Wrongful Death FAQs
We understand this is a confusing time for you. Our Duluth wrongful death attorneys compiled a list of frequently asked questions that can help you start getting the answers you need.
1. What Types of Damages Can Be Recovered in a Wrongful Death Lawsuit?
In a wrongful death lawsuit, you may be able to recover damages such as the value of the deceased person’s life (including lost wages and companionship), funeral and burial expenses, and medical costs related to the deceased’s final injuries or illness.
2. How Does a Wrongful Death Lawsuit Differ From a Criminal Case?
A wrongful death lawsuit is a civil case focused on seeking financial compensation for the deceased’s family. In contrast, a criminal case seeks to hold the responsible party accountable under the law. The burden of proof is also lower in a civil case than in a criminal case.
3. What Is the Statute of Limitations for Filing a Wrongful Death Claim in Georgia?
In Georgia, there is a time limit for filing a claim. The Statute of limitations for wrongful death cases is usually two years from the date of the deceased person’s passing. However, there may be exceptions that could cut or extend this time frame. That’s why it is important to talk to a lawyer as soon as possible.
4. Can a Wrongful Death Claim Be Filed if the Deceased had a Pre-existing Condition?
Yes, a wrongful death claim can still be filed if the deceased had a pre-existing condition, as long as it can be shown that the defendant’s actions directly contributed to or caused the death.
5. What Evidence is Needed to Prove a Wrongful Death Claim?
To prove a wrongful death claim, you may need evidence such as medical records, witness statements, police reports, and expert testimony to demonstrate that the defendant’s negligence or intentional actions directly caused the death.
6. How Long Does it Take to Resolve a Wrongful Death Lawsuit?
The time it takes to resolve a wrongful death lawsuit can vary depending on the case’s details, the availability of evidence, and whether the case goes to trial. Some cases may settle in a few months, while others could take years.
7. Can a Wrongful Death Settlement Be Distributed Among Multiple Family Members?
Yes, a wrongful death settlement can be distributed among eligible family members, such as the deceased’s spouse, children, or parents. The specific distribution will depend on Georgia’s wrongful death laws.
Get Justice for the Wrongful Death of Your Loved One – Talk to Our Duluth Attorneys Today
While money will not bring back your deceased loved one, it will make it easier for you to recover from the consequences of their death. An experienced Duluth wrongful death lawyer at Barrios Virgüez can offer you the compassion and support you need to get through these difficult times.
An experienced attorney from our team can help you determine who is liable for your loved one’s passing and explain how to file a wrongful death claim for economic, non-economic, and even punitive damages -when the at-fault party was particularly negligent. Contact us today.
N/a
