If you are reading this page, it’s likely that you are facing the sudden death of a loved one. John Foy & Associates wishes to offer our condolences to you, first and foremost. Dealing with a death is hard enough, but when someone else’s actions caused it, it’s that much worse.
It’s vital that you reach out to a wrongful death lawyer in Albany, GA, in this situation. We can help you get compensation to pay for the final costs of your loved one and help cushion the financial blow. We have lawyers ready to listen to your story.
Proving Wrongful Death
Each case is unique, but there are some common things we have to prove so that you can earn damages in a wrongful death suit. Most times, these things are simple to prove, but sometimes, there are complications.
First, we must prove that the responsible party was in a position where they needed to treat your loved one reasonably. This is the duty of care. A simple example is two drivers on the road. It’s reasonable for each of them to avoid a crash and the law dictates that duty.
Next, we have to prove that duty was breached and that the breach caused the death of your loved one. This moves responsibility for the death toward the other party and away from your loved one or to misfortune.
Finally, we must show that your loved one’s death caused economic and non-economic damages to you and your family. No amount of money can completely heal the loss of a loved one, but you shouldn’t have to pay economically for what happened.
Get the strong arm
Who Can File a Wrongful Death Claim in Georgia?
Only certain people may file a wrongful death claim on behalf of someone. Anyone else who tries will have their case turned away by the court. There is also an order for who has priority.
- The spouse has top priority. This does not include former spouses if they were divorced before the time of death.
- Next is the children of the deceased. Children are only allowed to file if there is no surviving spouse.
- After them are the parents of the deceased. There must be no living spouse or children for them to have a claim.
- If all these people are deceased or absent, whoever is named the estate representative can sue. If they win the case, the money goes to the estate and gets distributed according to probate laws.
No other family member can make a claim. Instead, they need to go to the person on this list with standing and convince them to file a wrongful death lawsuit.
What Compensation Can I Receive?
There are two categories of damages. The first is the economic damages relating to the life of the deceased. The second is the non-economic damages. Let’s look at these.
Economic damages include:
- The final expenses of the deceased loved one
- The lost earning potential they could have had if they were alive
- All work benefits, retirement income, etc.
- The cost of medical bills for treatment before death
Non-economic damages include:
- Loss of consortium
- Loss of emotional support and companionship
- Mental anguish
These are just a few examples. Your wrongful death lawyer in Albany will help you gather evidence to support all claims for damages before they go to the court to seek compensation.
How Long Do I Have to File a Wrongful Death Claim?
You have two years from the date of death to file your wrongful death claim under Ga. Code § 9-3-33. Beyond this date, you will have breached the statute of limitations and your case won’t be heard in court. Thus, speak with a lawyer as soon as possible.
There are situations where the deadline can be extended. One of these is if there is a criminal case involved with the responsible party. In that instance, the clock is paused until the criminal case is complete.
Speak With our Wrongful Death Attorneys in Albany, GA
We understand that it’s hard to think about the legal and financial realities of your situation while you’re grieving. Let our Albany wrongful death attorneys at John Foy & Associates at least take these burdens off your shoulders to pursue a wrongful death claim. To get started, call our offices or contact us online for a free, no-obligation consultation.