Georgia Wrongful Death Claim Attorney Explains More Details About Wrongful Death Claims
When a family loses a loved one, the last thing they think about is the possibility of a wrongful death claim. The first thing that comes to mind is the loss itself, the grief and the inconsolability of the loved one no longer in their lives. However, families who lose a loved one may have a legal option to obtain closure for their loved one.
There are some statistics that show how many potential cases of wrongful death claims exist. These include:
- Well over 42,000 deaths from auto accidents in 2006, according to the National Highway Traffic Safety Administration.
- 9 in 10 cases of medical malpractice wrongful death claims allege their medical providers failed in the duty of care which caused their family member’s claim.
If there is an identifiable party or parties that have caused the death of your loved one, a wrongful death claim may exist. Consulting with a Berkeley Lake wrongful death lawyer helps you see if the loss of your loved entitles your family to a wrongful death claim.
How long do families have to file?
If a case exists, the State of Georgia gives families two years, from the date of death, to file a wrongful death claim. This is referred to as the statute of limitations. If a case is not filed within this time-frame, the right to file a claim is forever given up.
What damages may be available in a wrongful death claim?
According to O.C.G.A. §51-4-1, families may seek the first of the available damages which is the decedent’s full value of their life. Some factors that go into its calculations:
- All future earnings not earned
- No chances of children or other decedents inheriting the deceased’s assets
- The pain and suffering of the deceased leading up to the individual’s deaths
- Loss of enjoyment of life and one’s spouse.
There are other recoverable damages and they include funeral and medical expenses, along with potential punitive damages if the circumstances permit it. Talking with a Gwinnett County wrongful death lawyer helps individuals understand their legal options. When you consult with a Georgia wrongful death attorney, you will know if a personal injury claim exists or not.