When to File a Wrongful Death Claim
Posted in Brain Injuries,Medical Malpractice,Negligent Security,Wrongful Death on March 27, 2023
Immediately after the death of a loved one, speaking to a lawyer may be far from your mind; however, it is something to consider soon. If you believe the death occurred due to an accident or assault that was someone else’s fault, you may be able to receive compensation for your loss. Call an experienced personal injury lawyer about how and when to file a wrongful death claim.
Defining wrongful death
Wrongful death and negligence go hand-in-hand. Georgia law defines wrongful death as when a person or business commits a negligent, reckless, criminal, or intentional act that results in death. Specifically related to negligence, the act must be the result of a proven failure to use reasonable care when it’s a responsibility to do so. This lack of care must then lead to harm or death of another.
Common situations giving rise to wrongful death claims
Wrongful death cases frequently happen as a result of car or truck accidents where one driver’s negligence leads to the death of another. Other situations that can give rise to wrongful death cases include:
- Medical malpractice
- Assaults or shootings
- Building or structure collapse
- Product defects
- Workplace accidents
- Pedestrian or bicycle accidents
For reference, there are about 90,000 medical malpractice-related deaths in the United States annually. Around 30,000 people die each year from injuries related to falling. Of course, not all falls or car accidents will lead to wrongful death. Sometimes, accidents do just happen, but having a wrongful death attorney review and evaluate your case will help clarify everything for you.
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When to File a Wrongful Death Claim
According to Georgia law, you must file a wrongful death claim within two years from the date of death, in general. Exceptions can apply, including when a crime occurred in the course of the death.
Who Can Make a Wrongful Death Claim
Depending on the situation, a parent, the spouse or a child will hold the right to file a wrongful death claim. If there isn’t a surviving parent, spouse, or child, the personal representative of the estate may also bring forward the claim.
Compensation will go to the next of kin, and if a spouse is involved in the case, they must receive at least one-third of the total damages regardless of how many children survive the deceased.
After consulting with an experienced wrongful death attorney who you know can get results, they’ll present you with your options for collecting damages. You can do this in one of two ways:
- Filing a claim that establishes the value of the life of the deceased
- Filing a claim to remedy the financial losses suffered as a result of his or her death, including damages for his or her pain and suffering
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How to file a wrongful death claim
Contact The Dixon Firm, PC, experienced wrongful death attorneys in Atlanta. Call 888-349-6611 for a FREE review of your wrongful death claim. Our lawyers will review the details and establish whether negligence was at play in this tragic situation. If your case is accepted, you will get guidance through the entire process, without paying any legal fees upfront, while you take time to process this tragedy and begin to heal.