Know How To File A Wrongful Death Lawsuit

When a loved one dies prematurely and you know that the cause is someone elses negligence

, you need to take immediate legal action. As it is negligence, and not a criminal activity, that caused the death, the resultant legal action is civil in nature. The objective is to seek justice for the deceased and financial support for the family.

Georgia has specific rules regarding wrongful death. If the death has occurred in your family, you need to get in touch with a personal injury lawyer on an urgent basis. It is also essential to opt for a legal professional in your vicinity. You would find it very difficult if you live in Atlanta and your lawyer is located in Columbus.

There is a Georgia statute of limitations in place. It provides that a wrongful death lawsuit require filing within 2 years of the incident. There are exceptions to this rule. However, the more time you lose, the more evidence you lose as well.

Here are the answers to some pertinent questions regarding filing the lawsuit.

Who files the claim? As per Georgia laws, the surviving spouse is the preferred eligible candidate to file the claim. He/she shares the compensation with any surviving children. If the childs share is less than or equal to $15,000, the natural guardian may have access to it for use in the childs upbringing. If it is more, the court appoints a guardian to take care of the money until the child reaches 18 years of age.

Note: In the absence of spouse and children, the parents, or the next in kin may file the claim. Otherwise, the estate administrator of the deceased may take up this responsibility.

What do you claim? The surviving relations may claim the full value of life of the deceased. The calculation is done based on what the individual would earn if he/she were alive. This is without the deductions of the expenses of living or taxes. Apart from this, the medical costs, the pain and suffering of the individual and the family, and the mental trauma of dealing with the situation are also within the scope of the claim.

How do you file the claim? It is best to leave it to your Atlanta Personal Injury Lawyer. He/she can handle the various steps like notifying the responsible entity about the intention of filing a claim, accumulating evidence and expert testimonials to build up a case and strategize accordingly. The filing of the lawsuit is also a task of the lawyer.

Lawyer direction: you need to go in correct path to find a lawyer that you are looking for. I as legal professional can suggest you to visit a lawyer directory online.

by: Allek

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