Are you looking for an attorney for wrongful death in Marietta?
If a loved one or family member has died due to another’s negligence or misconduct, you deserve compensation for your loss from the offending party.
Claims can be made for wrongful death if the other party was legally responsible for the cause of death.
File a claim now
Contact a Marietta injury lawyer to discuss your case today.
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A victim’s survivors could sue for economic, non-economic, or punitive damages. If the victim was supposed to have provided for the survivors in some way, perhaps from their earnings, insurance, or services, then they can file for economic damages to get compensated for what they would have gotten from the victim.
When a survivor suffers emotional suffering from the loss of love, care, or protection from the deceased, they can attempt to recover non-economic damages. These are less tangible and hard to calculate.
The last type of damages that could be recovered is punitive, which is awarded as a punishment for the offending party. Punitive damages are meant to discourage the defendant from committing the injury again.
Searching for a lawyer for wrongful death in Marietta? Survivors of wrongful death victims should contact a member of our legal team to discuss your case. We deal with many circumstances, no matter how complicated they are.
Types of Wrongful Death
Some common types of wrongful death include fatalities from incidents such as:
Who can file for
wrongful death claims
While many persons may be affected by an unjust death, only certain people can receive compensation for their loss. State laws vary on which survivors can file for wrongful death, but immediate family members are always allowed to file for compensation. Domestic and life partners could claim rights in some states if they were financially dependent on the deceased persons. Even “putative” spouses, persons who believed they were married to the victim when it wasn’t actually legal, have the right to claim compensation from the defendant.
Others who were financially dependent on the deceased, or if the deceased was financially dependent on them, can recover in some states. These include individuals such as grandparents and other distant family members. Sometimes, the death of a fetus can garner compensation for the parents suffering from physical or emotional loss. In many states, however, the child must have been born for the parents to recover their losses.
Is there anyone
I can't sue
While the majority of people can be sued for wrongful death if they were legally responsible for the cause, certain government agencies and employees are immune from lawsuits. Survivors cannot sue the government unless the government specifically allows them to do so by waiving their right to immunity. Various states have waived their right to immunity if the case came under a certain law.
In Georgia, citizens can sue if they were injured by a county vehicle for up to $250,000, but in other cases, the state still has sovereign immunity. Need an attorney for wrongful death case in Marietta? Someone you love has died because of government negligence, then it is best that you hire a Marietta wrongful death lawyer from our firm to fight for your rights. It is extremely difficult to win claims against the government because of their immunity, so make sure you have our competent legal team on your side to fight for your right to recovery.
How Long Do I Have to File?
The sooner you file your wrongful death lawsuit, the stronger your case will be. Over time, gathering evidence and finding witnesses to testify can become more difficult. Further, you must adhere to Georgia’s statute of limitations for wrongful death claims.
Per Title 51 of Georgia Code, bereaved family members and/or dependents have 2 years from the date of their loved one’s death to file a wrongful death lawsuit. If you fail to meet this deadline, you could lose your right to legal action entirely.
Nevertheless, there are some exceptions to this rule. For instance, if there is a criminal case tied to the wrongdoing that caused your loved one’s death, the civil clock will be suspended until the criminal case is decided. You may also have more leeway if you are dealing with probate or setting up the decedent’s estate. Sometimes, the rules are different for minors, as well.
Team up with a Marietta WRONGFUL DEATH ATTORNEY
The knowledgeable Marietta personal injury attorneys from Jones & Swanson have successfully won compensation for victims of wrongful death, and they can fight for your rights too! We know that this is an emotional and painful time for you and we want to help by taking the responsibility of a lawsuit off your plate. To find out whether or not you have a claim and confirm how much time you have to file, please contact our firm as soon as possible.
Who can sue for wrongful DEATH UNDER GEORGIA LAW
- Surviving Spouse
- Children of the Deceased
- Parents of the Deceased
- Administrator of the Deceased’s estate
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