If your loved one died due to the negligence of someone else or the actions of a company, it could have devastating consequences on the course of the rest of your life. While you mourn your loved one’s loss, you may be faced with mounting debt related to what happened. You can seek legal recourse against the party responsible for your loved one’s death. This includes filing a wrongful death lawsuit against them.
Schedule a consultation to speak with the office of a Decatur wrongful death lawyer to have your questions answered. Call Ben Crump Law, PLLC at 800-959-1444 today. There is no up-front cost for the initial consultation or for any assistance until we are able to help you secure compensation for your wrongful death case.
Criteria for Wrongful Death
There are certain criteria that must be met in wrongful death cases. This includes:
- Death of a loved one: Generally, the loved one must be a spouse or a child of yours to benefit from a wrongful death lawsuit on their behalf. In some cases, your loved one’s estate representative can file a lawsuit even if they are not a spouse or a child of the deceased person.
- Negligence caused the death: For the other party to be held liable, there must be some level of negligence that contributed to the death. This could include a wide variety of actions, such as not providing adequate security around hazards on their property.
- Loved ones suffering monetarily because of the death of a loved one: Your loved one’s death must have a monetary impact on your life. In many cases, this is what happens when a spouse or the parent of a younger child is the victim in a wrongful death case. It reduces your family’s ability to generate income, which can affect the long-term outcomes for the people in your family.
These are some of the criteria for wrongful death lawsuits. Generally, the death must be caused by negligence. Each state has its own guidelines on who is entitled to file a wrongful death suit. In the state of Georgia, the spouse, parents, or an estate representative of the deceased can file a wrongful death lawsuit, according to Georgia Code §51-4-2.
For a free legal consultation with a lawyer serving Decatur, call 800 959-1444
Types of Wrongful Death Accidents
There are different types of wrongful death accidents that can cause the death of a loved one. This includes medical malpractice, car accidents, airplane accidents, train accidents, workplace accidents, or crime. When you trust your loved one’s life with a transportation company, employer, or physician, you expect that they will be safe. When the negligent actions of another party killed your loved one, they should be held responsible.
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Medical Malpractice and Wrongful Death
Unfortunately, many wrongful death cases result from medical malpractice. This can be from pharmaceutical or anesthesia errors, surgical errors, or misdiagnosis. Any delay in the diagnosis of cancer or other illness can be devastating. A treatable condition can become fatal because of the time that is allowed to pass. Sometimes healthcare providers do not notify you or take proper action when certain test results suggest that any reasonable doctor would be able to provide a different level of care.
Understanding Your Rights
If your loved one died in a wrongful death case, you have the right to file a civil lawsuit to recover compensation because of their death. Since it will impact your financial situation for the foreseeable future, the compensation that you can collect will help you address the financial burdens caused by this case. While it may not make up for the pain of losing a loved one, compensation can help ease the financial burdens of final expenses and ongoing living expenses that you may struggle to handle on your own.
A Decatur wrongful death lawyer from Ben Crump Law, PLLC might be able to help you understand your legal rights.
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Statutes of Limitations
The statute of limitations for wrongful death cases in Georgia is two years, according to Georgia Code §9-3-33. This means that you have two years from the date of the death of your loved one to pursue legal action against the responsible party.
While this may seem like a lot of time, the time goes much quicker than many people realize. In the beginning, most families are focused solely on mourning and not their financial situation or how the death of a loved one will impact their everyday lives. However, the sooner that you are able to start your wrongful death lawsuit, the better.
It becomes more difficult to find evidence and get accurate witness testimony the longer that is allowed to go between the incident and the discovery process. For this reason, you have the option of consulting with a wrongful death lawyer as soon as you can. This will give your lawyer the best chance of finding evidence and building a successful case in time to file before the deadline.
Additionally, sometimes there are court delays that can impact the timing of your case. The more time that you give the process, the better chance you have at ensuring that you do not run against the statute of limitations. In general, it is better to have more time to account for any delays or holdups than to start the process very close to the statute of limitations running out.
Contact Us to Schedule a Consultation
If your loved one died because of the negligence of another person, speak with the office of a Decatur wrongful death lawyer. Call Ben Crump Law, PLLC at 800-959-1444 today to learn more. There is no cost for the initial consultation, and we are ready to answer any questions that you may have about the legal process. We understand that this is a difficult time and want to be there for your family.