The death of a loved one is painful to bear, specifically when it results from another person’s recklessness or negligence. If the victim was the breadwinner, it becomes more difficult for the family. In Forest Park, the law allows the family or spouse of the deceased to get compensated.
If you lost a family member due to the wrongdoing or negligence of another person, our Forest Park personal injury attorneys can help you file a lawsuit for compensation. This way, you can get some money to sustain your lives. Despite the numerous laws and statutes in Forest Park, our experienced attorney at John Foy & Associates will fight for your legal right.
What Qualifies As Wrongful Death in Forest Park?
In Forest Park and the entire state of Georgia, wrongful death is any death resulting from intentional, reckless, or negligent actions of another person or an entity. In other words, wrongful death is when someone loses their life at the hands of another individual without any legal justification. These cases can result from:
- Medical negligence
- Reckless accidents such as a car crash
- A defective product
- Work-related accident
- Crime such as manslaughter or homicide
- Elder abuse
- Drunk driving
For instance, an apartment complex that is aware of violent crimes and allows them to happen can be held liable for wrongful death in case of any crimes that occur at that period. Another negligent action is when a driver runs the red lights or makes a wrong turn and kills a pedestrian on a crosswalk.
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How do You Prove Negligence in a Wrongful Death Lawsuit?
To obtain compensation in a Forest Park wrongful death claim, you must demonstrate that the defendant was reckless or negligent. Therefore, if you are planning to file for wrongful death, you need to prove the following:
- Duty of care: You can prove that the at-fault party should have demonstrated a duty of care to your loved one.
- Breach of duty of care: You should prove that the defendant failed to fulfill or breached their duty of care for your deceased family member.
- Causation: Your loved one died due to a breach of duty on the part of the defendant.
- Damages: You can prove that the defendant’s actions caused physical harm or financial losses after the death of your loved one.
Who Can File a Wrongful Death Claim in Forest Park?
The Georgia Wrongful Death Act limits these rights to certain parties, including:
Spouse of the Decedent or the Surviving Children
If the deceased was married, their spouse can bring a wrongful death claim. If the deceased wasn’t married, any of the surviving children have the right to bring a claim. The court can also authorize the surviving children to file a claim in cases where the spouse caused the victim’s death or is unable or unwilling to do so.
The Living Parents
In case the deceased had no spouse or children, the law allows the victim’s living parents to file for a wrongful death claim. If the parents are married, they can jointly bring the claim. On the other hand, if the parents are not married or are separated, either of them can file the claim.
The State Administrator
If the victim was unmarried, had no spouse, and had no children or surviving parents, the state administrator has the right to file a wrongful death claim. Even if the deceased had no will, it doesn’t affect the legal right of the estate administrator of the victim’s estate to seek compensation.
What Is the Statute of Limitations for Wrongful Death in Forest Park?
You should file a lawsuit for wrongful death in Forest Park within two years from the date of death. However, in some circumstances, the statute of limitations can be shortened or extended.
If the wrongful death resulted from a government entity, then the statute of limitation can be less than two years. Also, the timeframe depends on the branch of the government that is involved. In some cases, it can even be less than six months. On the other hand, your timeline for filing your case can exceed two years if the victim’s death resulted from a criminal act.
What Damages Can You Claim in a Wrongful Death Lawsuit?
The surviving family members or state executors of the deceased can receive two types of compensation.
- Economic damages:This compensation covers the financial losses that are measurable, such as loss of income, funeral expenses, loss of benefits, and more.
- Non-economic damages: This should include intangible losses such as mental stress, loss of knowledge, loss of a companion, and grief.
Do I Need to Hire a Wrongful Death Lawyer in Forest Park?
If you want to pursue a wrongful death claim in Forest Park successfully, you will need an experienced attorney by your side. A lawyer will help you in the following ways.
Conducting the proper investigations for your wrongful death case is crucial in proving negligence against the defendant. A Forest Park wrongful death attorney will help you collect critical evidence to prove issues such as obligation, causality, and breach of duty.
Drafting and Filing Your Claim
Your Forest Park wrongful death lawyer knows the information required to file a wrongful death claim. A legal expert will also assist you in drafting a complaint with all the necessary details, including the necessary evidence, at-fault party, and the financial settlement you’re seeking.
Discovery and Deposition
After filing a lawsuit, both parties gather evidence and facts about your claim. A lawyer will help you conduct all the necessary depositions where witnesses give their side of the story before the hearing.
Settlement or Trial
If you and the at-fault party disagree on the financial compensation, you’ll have to proceed to trial. You’ll need the legal expertise of your attorney to represent you in court and ensure that you get a fair settlement.
Contact Our Forest Park Wrongful Death Attorneys for Help
At John Foy & Associates, we have wrongful death attorneys in Forest Park who can help you fight for justice and fair compensation after losing your loved one. Although no amount of money is equal to the life of someone you cherished, you will receive financial resources for you and your family to continue living your life.
If you want to pursue a wrongful death case for your loved one in Forest Park, contact our experienced lawyers from John Foy & Associates for a free consultation.