When a loved one passes away in an accident, it is always painful. If the accident occurred due to the negligence or recklessness of another party, you may wonder how someone can get away with actions that cause such tremendous heartbreak.
While we wish we could go back in time to before the accident occurred, we can do the next best thing: help you hold the responsible party accountable. A Lawrenceville wrongful death lawyer can explain your rights and assist you in getting the compensation you deserve.
Barrios Virgüez Attorneys: Accident & Injury Law have fought for the rights of families for over eight years. If your loved one suffered a wrongful death, our personal injury attorneys can help. Contact us today for a free consultation.
What Is a Wrongful Death Case?
In Georgia, a death caused by the reckless, negligent, or illegal behaviors of another party may be considered a wrongful death. Wrongful death is a type of personal injury claim and often stems from:
Most personal injury cases can become wrongful death cases if the victim passes away. For example, if a loved one is severely injured in a car accident, you may begin a personal injury claim. If they pass away due to their injuries, you may now have a wrongful death case. Consulting a Lawrenceville wrongful death attorney can help you understand your legal options and pursue the compensation your family may deserve.
Do You Need an Attorney for a Wrongful Death Case?
Wrongful death cases can be complicated, and it is wise to hire a Lawrenceville wrongful death attorney. Understanding the role of insurance companies and the civil justice system requires knowledge of the law and experience with wrongful death cases.
A skilled attorney can take away some of the stress involved with legal proceedings when a loved one has passed away. You’ll have the peace of mind of knowing that you have a partner with your best interests in mind who can help you through the process.
Who Can File for Wrongful Death in Georgia?
In Georgia, only specific people can establish a wrongful death claim based on their relationship with the deceased. This includes:
- A surviving spouse: If the victim was married at the time of death, the spouse may file a wrongful death claim against the liable party.
- Surviving children: If the victim was not married, surviving children may file a wrongful death suit.
- Parents: If the victim was not married and had no children, the victim’s parents may bring a claim.
- The estate: In cases where no other party can, the executor or administrator of the estate may bring a wrongful death claim.
Your wrongful death attorney in Lawrenceville will advise your family on who should file the claim and what procedures to follow.
What Is a Wrongful Death Case Worth?
Wrongful death cases are tough to win because they require a high burden of proof to show that the negligence of the at-fault party directly caused death. However, when they are successful, they can lead to settlements in the hundreds of thousands to millions of dollars.
Some of the things that will determine the award include the deceased’s lost earnings, lost earning capacity and benefits, and funeral and burial expenses. Non-economic damages may include loss of parental guidance and pain and suffering.
Every situation is different, and the amount of money you can recover depends on a variety of factors. An accidental death lawyer in Lawrenceville can evaluate your case and determine what kind of settlement you may expect.
How Do You Recover Wrongful Death Claims?
Wrongful death cases can be resolved by settlement with an insurance company or with a civil lawsuit. There are pros and cons to each approach.
Wrongful Death Insurance Claims
Settling with an insurance company is generally faster and more certain. Your attorney can help you file a claim and negotiate for the compensation you deserve after the death of your loved one. Settlements are usually much less stressful than civil trials.
Wrongful Death Civil Suits
If the insurance company does not agree to a fair settlement, you may choose to file a civil lawsuit. Civil suits typically take longer to resolve but can result in greater award amounts. Civil cases also open up the possibility of receiving punitive damages in certain circumstances. A Lawrenceville accidental death attorney can guide you through the lawsuit process and advocate for the maximum compensation possible.
What Is the Statute of Limitations for Wrongful Death in Georgia?
In Georgia, the statute of limitations for personal injury claims is two years from the date of death. However, there can be exceptions to this, depending on the circumstances of the case.
For example:
- In cases where the death occurred due to a criminal act, the statute of limitations begins when criminal proceedings are resolved and may extend for up to six years.
- If the decedent did not have a will at the time of death, the statute of limitations may extend for up to five years.
- If the beneficiary of the deceased person’s estate is a minor, the statute of limitations may be tolled until they reach the age of 18.
- According to the Discovery Rule, if the cause of death is not immediately determined to be wrongful, the statute of limitations begins if new information determines it meets the criteria.
A wrongful death lawyer in Lawrenceville can help you understand the statute of limitations in your case and ensure you don’t miss important deadlines.
Get Help From a Lawrenceville Wrongful Death Attorney
It is never easy when a loved one passes away before their time. If they lose their lives in an accident that wasn’t their fault, it doesn’t seem fair. Financially, surviving family members must shoulder the expenses that go along with their passing.
Emotionally, the loss of a loved one leaves a void that may never be filled. Our Lawrenceville wrongful death lawyer can help you recover compensation for the loss, for both economic and non-economic damages.
At Barrios Virgüez Attorneys: Accident & Injury Law, we make it our mission to advocate for families in need. We will fight to obtain the compensation you require and hold the responsible party liable. Contact us today for a free consultation, and let us help you with your legal case.
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