You can file a wrongful death claim to recover compensation if another party’s negligence caused your loved one’s passing. Yet, there are many legal requirements you must meet to have a successful claim. For instance, Georgia law only lets certain parties pursue financial recovery. There are also filing deadlines that apply to your civil lawsuit.
If you’re unsure whether your case meets certain legal requirements, you’re within your rights to partner with a Decatur wrongful death attorney. They can assess your case’s details, explain your options, and hold the negligent party accountable for your loved one’s passing.
The Legal Requirements for a Decatur Wrongful Death Claim
To have a successful case, you must:
Have a Qualifying Relationship to the Decedent
In Georgia, certain family members can file a wrongful death claim or lawsuit. The decedent’s spouse has the right to file first. If they didn’t have a spouse, then their children can sue. If the decedent wasn’t married and did not have children, their parents can seek financial recovery.
File Your Lawsuit Within the Statute of Limitations
There are specific procedures for filing a wrongful death lawsuit––one of which is the statute of limitations. Per O.C.G.A. § 9-3-33, you have just two years to file a wrongful death lawsuit, with your deadline beginning from the date of your loved one’s passing.
If you don’t meet this deadline, you may be barred from ever receiving compensation. This could put you in a tough financial position if the liable insurance company refuses to settle.
Prove the Other Party’s Negligence
To recover damages, you must prove how the other party’s negligence led to your loved one’s passing. This involves getting evidence that demonstrates:
- The other party owed your loved one a duty of care. For instance, in a car accident case, duty of care is a given because all motorists have an obligation to drive safely.
- The other party violated their duty of care. The moment someone engages in behavior that endangers another party’s well-being, that individual breaches their duty of care.
- The other party caused your loved one’s passing. Your Atlanta wrongful death lawyer can prove this element using your case’s evidence, such as the accident report and eyewitness testimony.
- You have damages resulting from your loved one’s death. Receipts, bills, and invoices related to your loved one’s passing can supplement your claim.
For a free legal consultation, call (404) 888-8888
You Could Have a Wrongful Death Claim in These Situations
Wrongful death claims can stem from a variety of situations in which another party’s negligence results in the death of another person. Wrongful death cases can result from:
- Motor vehicle accidents. Traffic accidents, including collisions involving cars, trucks, motorcycles, bicycles, and pedestrians, can lead to fatal injuries.
- Medical malpractice. Negligence or mistakes by healthcare professionals, such as doctors or nurses, can result in the death of a patient.
- Nursing home negligence. Fatalities in assisted living facilities or nursing homes can result from neglect or physical and financial abuse.
- Workplace accidents. Deaths can occur in the workplace due to unsafe conditions or a lack of proper safety measures.
- Defective products. Death can be caused by using a defective or dangerous product, such as a faulty automobile part, a medical device, or any number of household products.
- Dangerous premises. Premises liability cases aren’t only based on slips and falls. They can include any incident that happens on someone’s property, such as dog bites, assaults from negligent security, and electrocutions.
Your Decatur Wrongful Death Claim Needs Evidence to Succeed
To successfully pursue a wrongful death claim, your attorney must gather relevant evidence that supports your case. Some types of evidence in wrongful death claims include:
A Death Certificate
A copy of the deceased person’s death certificate is important in a wrongful death claim, as it establishes the cause and facts related to their death.
Expert Testimony
Expert witnesses, such as accident reconstruction specialists, medical providers, or forensic scientists, may be needed to provide testimony. They can help strengthen your claim by providing opinions about the facts surrounding your case.
Witness Statements
Statements from those who witnessed the incident may have pertinent information that can serve as important evidence. Eyewitness accounts can help establish the chain of events that led to your loved one’s death.
Medical Records
Detailed medical records can help illustrate the link between the responsible party’s actions and your loved one’s cause of death. This includes records of their injuries, treatments, and the progression of their condition.
Police Reports
If the death resulted from an accident in which law enforcement was called to the scene, such as a motor vehicle accident, obtaining a copy of the police report is vital. This report likely contains additional information about the circumstances related to the incident.
Employment and Financial Records
Documentation of present and future lost income and other financial contributions can be used to illustrate the impact of losing your loved one’s income. Employment records, if applicable, will likely be useful in calculating lost wages and benefits.
You benefit from consulting with a wrongful death attorney. They can explain your case’s legal requirements and how they can pursue full compensation.
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Call Our Law Firm Now to Learn More About Pursuing a Wrongful Death Case
If you lost a loved one in an accident due to another party’s negligence, you want to consult with a Decatur wrongful death lawyer who understands your case’s complexities. They can uphold your right to damages and seek a fair settlement that accounts for funeral expenses, end-of-life medical expenses, and pain and suffering.
At Bader Law Injury Lawyers, we are dedicated to pursuing financial compensation for our clients, always working toward the best possible outcome. Reach out today to start your initial consultation and learn more about wrongful death claims.
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