Losing a loved one due to someone else's negligence or intentional actions is a devastating experience. In such cases, filing a wrongful death lawsuit can help the surviving family members obtain justice and compensation for their losses. However, not everyone can file a lawsuit on behalf of the deceased. In this blog, we will discuss the basics of who can file a wrongful death lawsuit.
1. Who is Eligible to File a Wrongful Death Lawsuit?
The first question that arises is who can file a wrongful death lawsuit. In Georgia, the surviving spouse, children, or parents of the deceased person can file a lawsuit. If there are no surviving family members, the administrator of the deceased's estate can file a lawsuit.
2. What Damages Can Be Recovered?
The second question that arises is what damages can be recovered in a wrongful death lawsuit. The damages that can be recovered include medical expenses, funeral and burial expenses, lost wages and benefits, loss of companionship and society, and pain and suffering.
3. What is the Statute of Limitations?
The third question that arises is what is the statute of limitations for filing a wrongful death lawsuit. In Georgia, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death. It is essential to file the lawsuit within the statute of limitations; otherwise, the claim may be barred forever.
4. How Can an Attorney Help?
The fourth question that arises is how an attorney can help in a wrongful death lawsuit. An attorney can provide legal guidance, investigate the case, collect evidence, interview witnesses, negotiate with insurance companies, and represent the family members in court. Hiring an experienced wrongful death attorney can significantly increase the chances of obtaining a fair settlement or verdict.
5. What Should You Do If You Suspect Wrongful Death?
The fifth question that arises is what should you do if you suspect wrongful death. If you suspect that your loved one's death was caused by someone else's negligence or intentional actions, you should contact an attorney as soon as possible. The attorney can investigate the case, preserve evidence, and advise you on the legal options available.
Contact an Attorney Today
There's no doubt that filing a wrongful death lawsuit is a complex and emotional process. It is essential to understand the basics of who can file a lawsuit, what damages can be recovered, the statute of limitations, how an attorney can help, and what to do if you suspect wrongful death.
If you have lost a loved one due to someone else's actions, please contact The Kalka Law Group - Personal Injury & Car Accident Attorneys for a free consultation. Our personal injury attorneys know how to provide aggressive representation in wrongful death cases and have the experience and compassion to help you through this difficult time.