Stockbridge Wrongful Death Lawyer
Losing a close family member is always a difficult situation, regardless of the circumstances. In addition to grief, surviving family members may experience stress and worry over financial burdens related to medical care, the expense of a funeral, and loss of economic support.
If someone else’s negligence caused the death of your loved one, a compassionate Stockbridge wrongful death lawyer could help alleviate some of the financial burdens you may face. Numerous circumstances could form the basis for a claim and, by seeking the advice of a dedicated personal injury attorney, you could focus on spending time with your family with the knowledge that a skilled legal professional is by your side.
How Is Fault Determined in a Wrongful Death Case?
Essentially, if a person or company’s negligence causes another person’s untimely death, there may be a cause of action for a claim. Wrongful death claims might arise from numerous incidents, including a motor vehicle wreck, trip and fall accident, medical and prescription drug error, or work-related injury.
An action for wrongful death may come from accidents or an intentional malicious act. Regardless of the circumstances, an intention to cause harm is not required for a negligent person or entity to be deemed liable for another person’s passing. If the person owed a duty of care to the deceased, failed to meet this level of care, and this failure subsequently caused a death, the at-fault might be held liable under the legal theory of negligence.
In many cases, an investigation into the incident is necessary to determine potential negligence for a wrongful passing. This might come in the form of expert opinions, which may help demonstrate the link between someone’s negligent conduct and the decedent’s passing. A detail-oriented and proactive wrongful death attorney in Stockbridge could help evaluate a claim and work to gather evidence of negligence.
The Claims Process in Stockbridge For Accidental Death
According to the Official Code of Georgia § 51-4-2, a wrongful death claim could be enacted by the spouse, children, and the administrator or executor of a decedent’s estate. Usually, the surviving spouse of the deceased has the initial right to bring a claim of accidental or wrongful passing to fruition.
If there is no surviving spouse, children of the deceased may then bring a claim forward. However, if there is no surviving spouse or child, an administrator or executor could pursue a claim instead.
Generally, wrongful death actions allow recovery for the full value of the life of the decedent. However, families might also be able to bring forward a separate action in order to recover damages for the deceased’s estate. The level of compensation available for both claims, however, will often vary based on the unique facts of a case.
The Time Limit to File a Claim
Stockbridge maintains a strict deadline for filing a wrongful death lawsuit, however. Known as the statute of limitations, this places a timeframe of two years following the date of passing wherein a person may file a claim for compensation. While exceptions might exist, it might prove beneficial for a claimant seeking recovery of damages to file a claim that satisfies this statute to try and avoid dismissal. A Stockbridge wrongful death lawyer experienced with this deadline could work to ensure a claim is filed on time.
Seek the Guidance of a Stockbridge Wrongful Death Attorney
The loss of a loved one is never easy to bear and the resounding impact of their absence is often profound. While seeking compensation by filing a claim might seem daunting, the financial stresses following a loved one’s passing could be unfortunately present. A caring Stockbridge wrongful death lawyer might be able to help guide you through each step.
If the passing of a loved one was due to someone else’s negligence, you have a legal right to seek compensation. A well-versed injury attorney could provide support during this difficult time by working to build a persuasive and thorough claim for compensation, so that you may focus on spending time with your family. Whenever you feel ready, reach out to a legal professional to start your claim.
