Losing a loved one will likely be the most emotionally distressing time of your life, especially if it is unexpected. The situation is confusing enough, but when their death is due to an accident caused by someone else’s carelessness, you would understandably be upset and uncertain about what you should do next.
A Suwanee wrongful death lawyer from Barrios Virguez Attorneys: Accident & Injury Law could help you and your family seek financial compensation through a legal claim. While we cannot bring back your loved one, our dedicated injury attorneys can help you hold the party responsible for the incident accountable so you can move forward.
What Kind of Accidents Result in a Wrongful Death?
A wrongful death is legally defined as the death of a person caused by a criminal act, negligence, or other unlawful action. Motor vehicle crashes are a good example because it is avoidable if everyone drives with caution and care.
Medical malpractice is another example, like botched surgeries, medication errors, and missed diagnoses. It need not be limited to one person’s actions, either, as defective and dangerous consumer products could result in someone’s death, and the company could be held liable.
It is important, though, to know how a wrongful death claim is different from a criminal case. Indeed, many criminal acts besides murder could result in someone’s death, such as the illegal use of firearms. A wrongful death claim is a civil matter brought by the victim’s family, not the state, and seeks to compensate the surviving family members instead of punishing the one who committed the act. It may not be necessary to file criminal charges or obtain a conviction to succeed in a civil claim. An attorney experienced with wrongful death and civil claims in Suwanee could help families better understand the process and their options.
Understanding How a Wrongful Death Claim Works
While losing a loved one is never easy for anyone who knew the person, there is a very strict legal hierarchy of who is eligible to file a wrongful death claim. According to Georgia Code § 51-4-2, the first eligible person is the victim’s surviving spouse. If there is none, or the spouse also passes away, then the right to file a claim goes to the victim’s children and their descendants. If there are no spouse or children, the victim’s parents may be able to file a claim. Finally, if no one fits any of those categories, the executor or representative of the victim’s estate may bring a claim.
As with any personal injury case, an eligible person must file a claim within a specific time limit, commonly known as the statute of limitations. For wrongful death claims in Suwanee and other parts of the state, the family’s legal representative must file the claim within two years of the day the victim passes away. However, an ongoing criminal case could pause this time limit.
Talk to a Suwanee Wrongful Death Attorney if You Lost a Loved One in a Preventable Accident
A Suwanee wrongful death lawyer from Barrios Virguez Attorneys: Accident & Injury Law could help you and your family seek justice after losing someone you care about. Our team understands that this is an emotionally difficult time. We are here to defend what matters and provide support throughout the process.
We start by listening to your story in a free initial case consultation and begin building a strategy. Call us today to speak with a member of our team.