When one party’s actions harm another party, it’s a personal injury. This could be a physical injury and/or economic loss, and the purpose of a wrongful death suit is for the victim to recover as much compensation as the law allows for their damages. However, not all personal injury victims survive these incidents. When one party’s illegal misconduct or negligent behavior causes another person’s death, it is known as a wrongful death.
A wrongful death suit can effectively replace a personal injury claim when the victim cannot file their claim for themselves. However, there are special rules for wrongful death claims filed in South Georgia that you need to understand if you intend to pursue this type of civil case. Spohrer Dodd Trial Attorneys is an experienced team of attorneys ready to provide the guidance, support, and advocacy you need to approach a wrongful death claim in Waycross, GA with confidence.
The foundation of every wrongful death claim is an act of negligence or willful misconduct that directly results in a fatal injury. Before you can proceed with claiming compensation for the losses you and your family have sustained from a family member’s unexpected death, you first need to prove the exact cause of the death and identify who is responsible for it. Motor vehicle accidents, violent crime, and medical malpractice are just a few examples of how wrongful deaths might occur in Southeast Georgia.
Your Waycross wrongful death attorney can assist you with gathering the evidence you need to prove liability. This process differs from case to case, and once the plaintiff has firmly established liability for a wrongful death, they may proceed with claiming compensation for their damages. Under the law, it is possible for the plaintiffs in a wrongful death suit to recover economic damages, non-economic damages, punitive damages, and compensation for losses sustained by the deceased’s estate.
Economic damages include the direct financial effects of the death, such as funeral and burial expenses, and lost financial support the deceased provided to their family. Non-economic damages include the family’s pain and suffering, the surviving spouse’s loss of consortium, and the surviving children’s loss of parental companionship. Punitive damages may be awarded when a defendant has caused a wrongful death through some illegal action. If the deceased did not die immediately and their estate incurred damages like medical expenses, these can be recovered with a survival action.
Ultimately, every wrongful death case filed in South Georgia is unique, and you need legal representation you can trust to reach the optimal outcome of your impending wrongful death suit. Spohrer Dodd Trial Attorneys has the skills, resources, and experience you want on your side in this situation, and the sooner you reach out to our firm, the sooner we can begin building your case.
A: If the deceased had an estate plan in which they named a personal representative or executor, this individual would have the primary right to file a wrongful death claim on their behalf. If there is no estate plan, state law allows the surviving spouse to file a claim, and next with the right to file a wrongful death suit would be any of the deceased’s surviving children who are old enough to handle the responsibility. If the deceased did not have a spouse or children, their surviving parents, siblings, and other close relatives would be next with the right to file the wrongful death suit.
A: The usual statute of limitations for a wrongful death claim in the state is two years from the date the death occurred. However, if the death resulted from a criminal act, the statute tolls until the criminal case against the defendant ends, and the victim’s family would have two years from this date in which to file their claim, up to a maximum of six years from the date of the death.
A: It’s possible for a wrongful death claim to yield multiple types of compensation. The family of the victim has the right to seek compensation for funeral and burial expenses, lost financial support the deceased provided, and compensation for their pain and suffering. If the estate of the deceased incurred losses between the incident and the death of the victim, a survival action may be filed to seek compensation for these losses. Your Waycross wrongful death attorney will be able to advise you as to the total potential value of your claim.
A: You are significantly more likely to reach a positive outcome in a wrongful death case when you have legal representation you can trust. Your attorney can help maximize your case award as much as state law allows, and they can streamline your proceedings to shorten the time it takes to recover. Ultimately, hiring the right attorney increases your chances of success and your chance of maximizing your case award to the fullest extent possible.
A: The most important determining factors when it comes to the time a wrongful death case could take to reach a conclusion are the scope of damages sought by the plaintiff and the defendant’s willingness to accept liability. If the defendant caused the death through an illegal act such as drunk driving or assault, then the wrongful death case must be filed after the conclusion of the criminal case filed by the state. Your Waycross wrongful death attorney can estimate your case’s most likely timetable and help determine the most effective ways to shorten the time the case could take to conclude.
Spohrer Dodd Trial Attorneys has a long record of successful civil cases handled on behalf of clients throughout Southeast Georgia, including complex wrongful death suits. We know the emotional weight of these cases and the various legal challenges that you could face as you seek compensation for a loved one’s death. If you believe you have grounds to file a wrongful death suit in Waycross, we can help. Contact us today to schedule your free consultation with a Waycross wrongful death attorney.