Losing a loved one unexpectedly is a difficult experience, and it can bring financial challenges along with emotional pain. While nothing can replace the loss of your dear family member, you have the right to pursue justice and hold responsible parties accountable for their negligence.
During this difficult time, the Joe Durham Law Firm is here to help you with all of our legal resources. If you require the assistance of a wrongful death lawyer in Thomasville, GA, begin with a free and confidential case evaluation by calling the Joe Durham Law Firm at 229-351-5320 today.
What Is A Wrongful Death Claim?
Here are some examples of incidents that may result in wrongful death claims in Thomasville:
- Motorcycle accidents
- Drunk driving accidents
- Accidents on construction sites
- Violent crimes including (but not limited to) homicide
- Mistreatment (neglect or abuse) of nursing-home residents
- Failure to diagnose serious medical conditions properly
- Road accidents involving tractor-trailers
- Car accidents
- Dangerous drugs
- Accidents caused by product defects
It’s essential to note that the list provided above is not exhaustive, and there may be other scenarios that qualify for a wrongful death claim under Georgia law. That’s why seeking the guidance of a skilled attorney is crucial after losing a loved one due to the fault of a third party.
They can assess the specific circumstances of the case and determine if you have grounds for legal action, providing you with the best possible chance of obtaining the compensation you deserve.
Who Can File A Wrongful Death Claim In Georgia?
Under Georgia law, the right to bring a wrongful death claim typically lies with the surviving spouse of the deceased individual. If there is no surviving spouse, then the right passes to the decedent’s children.
If there are no children, then the deceased individual’s parents may bring the claim. In cases where there are no surviving spouses, children, or parents, the administrator of the deceased individual’s estate may initiate the claim.
Is There A Limit On How Much You Can Sue For In A Georgia Wrongful Death Lawsuit?
Under Georgia law, a wrongful death suit allows you to seek compensation for the full value of your loved one’s life. This includes quantifiable damages like medical and funeral expenses, lost income and benefits, and intangible factors like the deceased’s pain and suffering and the loss of companionship for surviving relatives.
A skilled wrongful death attorney can help you assess the full extent of your losses and pursue the compensation you deserve.
Are There Time Limits For Filing A Wrongful Death Claim?
It is crucial to be aware of the time limits within which you can file a wrongful death lawsuit. The statute of limitations for a wrongful death claim in Georgia typically starts from the date of the individual’s death.
Once this time limit expires, it may become challenging or impossible to file a lawsuit. Therefore, it is advisable to seek legal counsel promptly after the death of your loved one.
An experienced wrongful death attorney in Thomasville, GA can provide guidance on the time limits specific to your case. There may be certain factors that can alter the statute of limitations, making it essential to secure quick and reliable legal advice.
What Types Of Damages Are Sought In A Georgia Wrongful Death Case?
Under Georgia law, the surviving family members in a wrongful death case may recover damages that represent the full value of the deceased person’s life, without any deductions for expenses that would have been incurred if the person had survived. A range of items can be included in the damages sought in this case, such as:
- Loss of future income
- Funeral expenses
- Pain and suffering of the decedent
- Pain and suffering of surviving family members
- The Loss of love, protection, and companionship
- Loss of benefits
- Loss of inheritance
- How Is Negligence Proved In A Wrongful Death Lawsuit?
To establish negligence in a wrongful death case, the plaintiff has to prove the same four key factors as in a personal injury case. These are:
- Duty of care – the defendant had a legal obligation to take reasonable care to avoid harming the deceased.
- Breach of duty – the defendant failed to uphold their duty of care and acted negligently or recklessly, causing harm to the deceased.
- Causation – the defendant’s breach of duty was the direct cause of the deceased’s injury or illness, which ultimately led to their death.
- Damages – the plaintiff suffered actual damages as a result of the defendant’s actions, such as loss of financial support or emotional pain and suffering due to the death of their loved one.
Successfully proving these elements is crucial in any wrongful death claim, and a skilled attorney can help build a strong case to ensure that justice is served.
How Long Does It Take For A Wrongful Death Case To Settle?
It is common for wrongful death suits to be resolved through a settlement agreement before reaching a trial, although this is not always the case. The timeline for each case is dependent on its individual circumstances, and there is no set schedule that applies to all wrongful death cases.
Can You Sue A Medical Provider For Wrongful Death?
When you lose a loved one due to the fault of someone else, you have the right to pursue this claim. In cases where medical treatment is involved, it is often appropriate to file a lawsuit against a hospital, doctor, nurse, or other healthcare provider.
Contact A Wrongful Death Lawyer In Thomasville, GA Today!
To seek justice and compensation for the loss of a loved one due to preventable circumstances, contact the Joe Durham Law Firm at 229-351-5320. Our experienced attorneys specialize in civil litigation, including personal injury, professional negligence, and wrongful death cases. We offer a free initial consultation to discuss your case and explore your legal options.