Dealing with the unexpected loss of a loved one may be one of the most challenging times of your life. If your loved one’s death was caused by another person’s negligence, you may be entitled to monetary damages. While no amount of money can ever undo the pain of losing a loved one, pursuing compensation with the assistance of an injury lawyer may help ease the burden of bills that often pile up after such a loss. At Cook Law Group, our skilled Gainesville wrongful death attorneys are ready to advocate for your rights at every step of the way. Importantly, we have handled many of these cases, and we get results.Bringing a Wrongful Death Claim After a Fatal Accident
A wrongful death claim may be appropriate when the death of a person is caused by the “negligent, reckless, intentional, or criminal” act of another person or entity. Negligence is defined as a defendant’s failure to use reasonable care that causes an injury or death to someone else. Wrongful death claims are designed to allow certain surviving family members to file a lawsuit that the deceased person can no longer bring to the court. It is important to be aware that the death of your loved one need not be immediate. For example, a victim may have been struck by a careless driver and may have died in the hospital a week later. This situation would still give rise to a wrongful death claim if the accident was a direct and proximate cause of the death.
Georgia law sets forth who may be able to file a wrongful death claim. The surviving family members who have standing to sue include the victim’s spouse, children, and parents. If none of these family members has survived, their estate may bring a wrongful death claim, and the damages that are recovered are held for the benefit of the next of kin.
When it comes to damages, the recovery in wrongful death claims should be the full value of the life of the deceased person. This means that a jury should consider both economic and non-economic damages, such as medical expenses, funeral and burial expenses, pain and suffering, loss of care, loss of companionship, and any other expenses and losses resulting from the death. Most importantly, the family can recover the value of the decedent’s life to them. We have worked on many wrongful death cases involving spouses, parents and children. We take that responsibility very seriously and treat your case with great respect. We have made closing arguments to juries in these wrongful death cases and each time the jury has responded with significant verdicts.
Like any other type of legal claim, a wrongful death case must be filed within a certain time frame. The statute of limitations is typically two years from the victim’s death though it may be shorter depending on the circumstances. There are, however, some limited exceptions to this rule that may apply to your case, depending on the specific facts of your situation. One key point, however, is that you must act quickly because securing the evidence and interviewing eyewitnesses will be important. Physical evidence can also disappear and you should hire an experienced attorney quickly.Discuss Your Situation with a Wrongful Death Attorney in Gainesville
If your family has been shattered by the unexpected death of a loved one, you may be able to file a claim against the at-fault party. We have handled wrongful death cases arising from tractor trailer wrecks, car wrecks, nursing home neglect, highway defects and product liability cases. Our diligent Gainesville wrongful death lawyers can examine the facts of your case and determine whether and how negligence took place. We also represent families in Athens, Atlanta, Marietta, Smyrna, Alpharetta, Johns Creek, Lawrenceville, Norcross, Valdosta, Augusta, and Columbus, as well as other areas of Hall, Clarke, Fulton, Cobb, Gwinnett, Lowndes, Richmond, and Muscogee Counties. You can call us at 678-298-3899 or contact us online to set up a free appointment if you need a car crash attorney or assistance with another type of accident claim.