A personal injury case can arise whenever one party causes harm to another party through negligence or illegal misconduct. The victim has the right to seek compensation for their damages, but unfortunately, not all personal injury victims survive these incidents. When a personal injury proves fatal, the victim’s family will need to prepare for a wrongful death suit in lieu of the personal injury claim the victim could have filed if they had survived.
If you believe another party in St. Mary’s, Georgia bears liability for your loved one’s recent death, it is crucial to know what to expect when it comes to filing a wrongful death suit. The team at Spohrer Dodd Trial Attorneys has many years of successful cases behind us in South Georgia, thanks to our commitment to providing client-focused legal counsel in every case we accept. When you choose our firm as your legal advocates, you will have the guidance and support you need to approach your wrongful death claim with confidence and peace of mind.
Before you can secure compensation for damages with a wrongful death claim, you must prove the exact cause of the death and identify the party or parties responsible for causing it. Motor vehicle accidents, slip and fall incidents, and medical malpractice are just a few examples of negligence that may result in fatal injuries. It is also possible for intentional and illegal actions to cause wrongful deaths, and the defendants in these cases face criminal prosecution along with their civil liabilities.
Your St. Mary’s wrongful death attorney can assist you in gathering the evidence and witness testimony that may be necessary for proving fault for the death. They can also be essential for accurately assessing the damages you can claim from the defendant. While the purpose of a personal injury claim is for the victim to recover their damages, the objective of a wrongful death suit is for the family of the victim to recover the losses resulting from the death. Additionally, the family could have grounds to file a survival action if the victim did not immediately die from the incident. This would allow them to recover losses sustained by the deceased’s estate.
Spohrer Dodd Trial Attorneys can work closely with you to determine the extent of the damages you can include in your wrongful death suit. Our goal in every case we accept is to maximize each client’s total compensation as much as the law allows. We can work closely with you to determine all the damages you can cite in your claim, and we are often able to identify channels of recovery that the average person is likely to overlook on their own.
A: The right to file a wrongful death claim in South Georgia typically falls to the victim’s closest family. Specifically, their surviving spouse would have the primary right to file a wrongful death suit, followed by their children and other close relatives. If the deceased had an estate plan in place and named a personal representative, this individual will typically handle the wrongful death claim on behalf of the family.
A: If you intend to file any type of civil suit in the state, you must do so within the applicable statute of limitations or legal time limit for filing the claim. The standard statute of limitations for wrongful death claims in Southeast Georgia is two years from the date of the death. However, if a death resulted from a criminal act, the statute of limitations tolls until the criminal case is completed up to a maximum of six years from the date of the death.
A: Proving liability for a wrongful death is similar to how one would prove liability for a personal injury. The plaintiff must identify the party responsible for causing the death and then prove that their negligence or intentional misconduct directly resulted in the death. In other words, the plaintiff must be prepared to show that the death in question would not have occurred but for the defendant’s actions. Your St. Mary’s wrongful death attorney can help gather whatever evidence you will need to meet the burden of proof for success with your claim.
A: The total value of any wrongful death claim can vary based on multiple factors. The plaintiff has the right to seek compensation for the surviving family’s lost financial support, the economic impact of the death of the estate of the deceased, and the family’s pain and suffering. Your St. Mary’s wrongful death attorney can provide an estimate of your case’s total potential value, and it may be worth more than you initially expected.
A: The time your case could require to complete depends on several factors, namely the defendant’s willingness to accept liability for the death in question and the scope of the damages you are seeking with the claim. Your St. Mary’s wrongful death attorney is likely to aim for settling the case quickly if possible, and this may only take several weeks. However, if your case requires litigation, this will take much longer, potentially several months, to resolve.
Spohrer Dodd Trial Attorneys has successfully handled many wrongful death claims in Southeast Georgia, and we know the various challenges you could face in your impending case. When you choose our firm to represent you, you are investing in years of professional experience and a responsive legal advocate ready to provide the guidance and support you need to navigate this difficult case as successfully as possible. If you are ready to learn what a St. Mary’s wrongful death attorney can do for your wrongful death suit, contact us today and schedule your free consultation with our firm.