Have you lost a loved one due to another’s negligence? Learn these 5 things to know after a wrongful death claim in Georgia, then call us.
1) Cost to Pursue a Wrongful Death Claim
At our firm, we represent people who have lost loved ones in wrongful death claims in the state of Georgia on what is called a contingency fee. This means you do not pay anything unless and until we recover on your behalf, either at trial or through settlement. If we don’t recover, then you do not owe us anything.
The cost of pursuing the claims can vary depending on the facts. In medical malpractice cases or negligent security cases, for example, there may be disputed versions of events requiring that we prove that the other party was, in fact, responsible. That can take time and money.
Either way, we pay all the costs as we go, and you don’t have to pay us any fees until we recover for you.
2) How Long Will a Wrongful Death Case Take?
Every case is different, and each depends on the facts. As a first step, we need to have an estate established. Once we can do that, a case often can be resolved fairly quickly. In other scenarios, cases may go on for quite some time, sometimes years. The average time frame for personal injury cases of all types to get resolved is approximately 17 months. However, this is not a one-size-fits-all type of scenario.
3) Who Can File a Wrongful Death Claim?
In Georgia, there are laws that establish who is allowed to bring the claim when someone has died as the result of the negligence of others. One type of claim is what we refer to as a survivor claim; for example, if someone is married, the spouse is the one who can bring that claim. If someone dies and they weren’t married at the time of the death and they don’t have any children but their parents are alive, then the parents have the claim. If someone dies and they don’t have parents who are living, they weren’t married, they don’t have children, then the claim may pass to their siblings. It can get complicated, but is all established by law in Georgia.
4) Wrongful Death Claim Value
Of course, there’s no amount of money in the world that can replace your loved one; in our civil justice system, however, the only compensation that people can recover is money.
What is a claim worth? There’s no set answer to that question. There are different factors that are considered when a jury determines the damages in a wrongful death case. The claim that the surviving relatives have includes different types of damages, but it’s primarily looking at the full value of the person’s life from the perspective of the person who was killed, so what he or she has lost.
There’s no formula that anyone can use to put a number on that, and every case is going to be different.
5) Wrongful Death Claims
You need to know who the proper party is to bring the claim. In Georgia, this is defined by statute. A lawyer experienced with wrongful death cases will be able to know who is the eligible party to bring the wrongful death claim forward. You also need to know what the claims are. In Georgia, there are two separate claims that can be made after a wrongful death: one claim belongs to the survivors of the deceased, such as the spouse, parents, or children, and the second claim belongs to the estate of the deceased person, of which there is a representative who will bring the claim.
You also want to know what types of damages can be recovered in a wrongful death claim. The survivor’s claim and estate claim may result in different damages. You will need an attorney who knows their way around these types of claims and who will use the right resources to make sure you recover the full compensation.
Another important part of a wrongful death claim is liability. Who is at fault? There may be multiple parties. If you have lost a loved one in a commercial vehicle wreck, the driver or the trucking company or the manufacturers may be at fault. A responsible attorney will make sure you and your loved ones recover all you are entitled to after a tragic situation such as this.
Have you lost a family member or loved one due to someone else’s negligence and have questions about these 5 things to know after a wrongful death claim in Georgia?
Contact the experienced Georgia wrongful death attorneys at Princenthal, May & Wilson, LLC, today for a free consultation and case evaluation.
Let our experience and dedication work for you.
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