LaGrange Wrongful Death Lawyer
It can be devastating when a family member dies under any circumstances, but it is often even more so if a loved one passes because of the actions of another person or a business. When someone loses their life because of another’s negligent, intentional, or reckless act, their surviving family may be able to recover compensation.
Of course, no amount of money can make up for the loss of a loved one, but holding a responsible party accountable can help ease certain financial burdens and may provide some closure during the recovery process. If you have lost a loved one because of someone else’s actions, you may benefit from the guidance of a LaGrange wrongful death lawyer. A compassionate attorney could assist you and your family through this difficult time by helping you through the legal process.
Wrongful Death Law
A wrongful death claim is a civil lawsuit for monetary damages brought on behalf of a deceased person against the party or parties responsible for the death. In some situations, there may also be criminal charges brought against the responsible party. A wrongful death case can be brought while criminal charges are still pending.
There are many types of negligent acts that can be the basis for a wrongful death claim, including:
- Medical errors
- Automobile or motorcycle crashes
- Defective products
- Workplace accidents
- Unsafe property
Regardless of the specific circumstances, an experienced wrongful death lawyer in LaGrange could work diligently to determine what kind of claim may be brought and what damages may be sought.
Types of Claims
Two types of wrongful death claims can be brought under Georgia law. The first is a statutory claim for the value of the deceased’s life under Georgia Code §51-4-2(a). This allows for the recovery of economic losses such as the amount of money the person would have made, as well as non-economic losses arising from the relationship with the deceased. A surviving spouse can bring this statutory claim, or surviving children of the deceased if there is no surviving spouse.
The second type of claim can be brought by the estate of the deceased is for the medical expenses and pain and suffering of the deceased prior to their death, funeral expenses after death, and—in certain cases—punitive damages for grossly negligent or reckless conduct by the liable party. If there is a will, then the executor of the will has the power to bring this claim. If there is no will, intestacy law determines who can bring this claim.
Time Limits
In most wrongful death cases in LaGrange, the deadline for bringing any claims is two years from the date of death. If the death was the result of an auto accident, then the statute of limitations can be tolled or paused until the end of any criminal prosecution of the driver at fault or a period of six years has passed, whichever is shorter. The two-year statute of limitations then begins after the tolling period ends.
Get Advice from a LaGrange Wrongful Death Attorney
If you suffer the loss of a loved one, the guidance of a LaGrange wrongful death lawyer could help you determine how to proceed with legal claims relating to the death. Get in touch today to schedule a consultation with a compassionate and dedicated local attorney.
