An wrongful-death attorney in Atlanta is available to help families who have lost a loved ones in a wrongful cause of death. When discussing their options in a case of wrongful death, many people want to know the following two things. They want to understand the Georgia Statute of Limitations in a case of wrongful death and what a case is.
Two years after the death of the victim, the Statute of Limitations applies to wrongful death cases. Wrongful Death is an intentional or negligent act by one person that causes the victim’s death unexpectedly and tragically.
The Statute of Limitations and Wrongful death: Details
Every state has its own laws and their own courtrooms. This is true for all cases in the country. Georgia has a Statute of Limitations that applies to wrongful death cases for two years. This means that if a person is killed in a wrongful-death case, their immediate family members have up two years to contact a wrongful-death attorney to file a claim.
The Statute of Limitations: Details
This time is granted by the states for a variety of reasons. These issues are not something that anyone wants to address immediately after the death of a loved one. Everybody has the right to grieve, but it is up to you to file.
It is sufficient to have the extension for two years. There are however, instances when it is “tolled”. This means that the state grants an extension for the following reasons.
- If the defendant is trying to hide valuable information regarding the wrongful death
- If the minor is the only survivor in the immediate family
- If the immediate family member has a mental or physical disability
Information on Wrongful Death
Negligence is an intention to harm or cause death to another person through negligence. Negligence is not murder. It means that a person did not do the right thing to protect another person. Wrongful intentions or negligence must be present for a . Here are some examples of wrongful deaths:
- Car accidents are the leading cause of wrongful death in the state.
- Motorcycle accidents
- Nursing home negligence
- Medical malpractice
- Premises liability
- Workplace accidents
- Fire liability
- Pet attacks
- Do not drown
The Family’s Effects on a Wrongful Death
Only immediate family members can file a claim for wrongful death. This includes:
- Spouse
- Children (if the victim is over 18 years old and has no spouse)
- The estate administrator can file a claim if there are no children or spouses.
The spouse can file a claim to collect the entire settlement if there is a living testament of the victim. If there is no living will, then the spouse or children can file a claim and receive the entire settlement. However, the spouse will only get 1/3 of the settlement.
The victim’s medical bills and other expenses are covered by the compensation. It also covers funeral costs and burial expenses. You can also get the lost wages for your spouse or children. Children under 18 years of age are eligible for education, care, and well-being. In today’s world, spouses usually work. In addition to compensating for lost wages, the settlement will cover living expenses. The hardest part is that money cannot bring back a person’s life. For the grief and pain caused by the sudden and tragic loss of a loved one, a substantial sum is given.
What the client needs to know
Clients need to be able to manage the difficult business side of a claim. They also need to know what to do after the death of a loved one. These four steps will guide the client in the right direction.
Step 1 – A free consultation with a wrongful deaths attorney is required. If the attorney decides that they want to pursue the case, they will collect all relevant information and start an investigation with their team. The team will examine surveillance cameras and recreate the scene from the accident.
Step 2 The attorney will review the interview given by witnesses. It is better to act quickly, as witnesses are less likely to remember details if they wait too long. An attorney will request that witnesses keep their contact information such as addresses and telephone numbers. It is important to keep the information current for witnesses. The case could be delayed for years if wrongful death claims are made.
Step 3 Keep track all evidence. Over time, evidence may get destroyed.
Step 4 – It is necessary to open an estate. This is the final step in settling all claims of the decedent.
Why get a wrongful death attorney?
It can be difficult enough to cope with the tragic death of a loved one. A wrongful death lawyer can help relieve some of the stress on you and your family. This is what the attorney will do:
- Communication with insurance companies and lawyers
- Mediate between the offending party (and their attorneys).
- They have greater access to all evidence and information.
- Eliminate the red tape and walls of civil suits
- Direct account approach to recover losses
- To compensate everyone who has been hurt, negotiate a fair settlement
- Advocate for the whole family in courtroom
Conclusion
It is important to take the time to heal, as you can see. The Statute of Limitations will help you get the compensation you are entitled in a wrongful death case. The timeframe takes two years to expire, but it makes the case take longer, especially if there is homicide.
You can stop another family from suffering the same fate by filing a claim. An attorney who is skilled in proving negligence will hold all parties responsible for the payment of the claim. They would repeat the act if they were to do it to you and your family until they are held responsible.
Attorneys will advocate for their clients, and assist them in the financial aspects of the loss of loved ones. They did their part in helping the family heal.
The post Statute of Limitations in Wrongful Death Cases In Atlanta was first published on Attorney at Law Magazine.