Losing a loved one due to another’s negligent behavior is traumatic. Surviving family members must pay for unanticipated costs related to the death and move forward without the loved one’s companionship or support.
If another’s careless decisions took your loved one away from you, an injury attorney could help you pursue compensation for you and your family’s losses. With help from a Gainesville wrongful death lawyer, you and your family may have the opportunity to hold the person responsible for your loved one’s passing accountable for their actions.
Wrongful death claims can be filed when one person’s negligent or reckless behavior leads to the untimely passing of another. It should be noted that a wrongful death case could still exist if the injured party dies days or weeks following an accident. Some causes of wrongful deaths include:
Establishing negligence can be challenging for lawyers inexperienced with wrongful death claims, especially if the Gainesville victim was in poor health or had preexisting conditions. Injury attorneys will often meet with surviving family members of a decedent and review the facts of the accident for evidence of careless behavior before filing a lawsuit.
While wrongful death cases are somewhat similar to personal injury lawsuits, there are several significant differences. Due to the victim of the accident being deceased, the victim’s rights must be asserted by someone else. Official Code of Georgia Annotated § 51-4-2 holds that only the decedent’s surviving spouse, adult children, or a person acting on behalf of the decedent’s surviving minor children can bring a wrongful death action.
Additionally, the nature of the compensation available in wrongful death cases is slightly different. The plaintiff can recover compensation for the losses the decedent experienced before death, including payment for the decedent’s medical expenses and pain and suffering. Beyond this, the plaintiff can also recover compensation for the losses that the decedent’s family experienced as a result of their loved one’s passing. This includes compensation for funeral expenses and wages the decedent could have earned and contributed over his or her remaining lifetime.
Due to these unique legal considerations, the surviving family members of a decedent may wish to consult with a knowledgeable Gainesville attorney about their rights following the sudden death of their loved one. A legal representative experienced with wrongful death claims would know the unique laws and compensation surrounding these types of suits.
Wrongful death laws may permit you to receive much-needed compensation if another person’s careless behavior is the cause of your loved one’s untimely passing. Plaintiffs looking to file a wrongful death lawsuit have only two years from the date of the decedent’s death, so it is imperative to seek legal assistance immediately. Contacting a Gainesville wrongful death lawyer as soon as possible could help plaintiffs ensure they assert their legal rights promptly. Call now to get started.