Wrongful Death

Is someone at fault in the loss of a loved one?

Wrongful Death Claims

A wrongful death claim is something most of us rarely want to think about when we have lost someone close to us. In most situations, the death of a loved one results in changes for those of us left behind. But if the passing of your loved one was due to the negligence or actions of another, you may be entitled to compensation that will help you and your family deal with the economic burden of your loss. There is no way to put a monetary value on the life of a loved one and by filing a claim of wrongful death, it is not the point. But a wrongful death claim is the best way, in our court system, to hold a party liable for their actions outside of a criminal trial.

 

What is a Wrongful Death claim?

Put simply, if another party is at fault for the loss of someone in your family, you can ask the courts to have the “at-fault” party to pay the parents or the heirs an amount equivalent to the expected amount the person would have earned in their life or compensation for expenses associated with the family’s loss.

 

 

In order to prove the family’s claim, your attorney will need to prove that their death was the result negligence or criminal act of the at fault party. In cases like this, there is a need to move swiftly in order to assure the existence of this proof. You need a lawyer that will work quickly to secure the facts of the case. The Moore Law Firm LLC will immediately begin examining the various aspects of your case to assure a favorable outcome.

 

Who can file a Wrongful Death claim?

In the state of Georgia, There are some limitations to how has the power to bring a claim of wrongful death. The claim is limited to the surviving heirs, spouse or parents of the lost love one.

If the deceased has a spouse, they must bring the claim to the courts. The spouse can act as the representative of the children in this case as well, and can include them in the claim. The surviving spouse would then share any compensation awarded by the court.

If the deceased did not have a spouse or children, the parents then have the right to file a claim of wrongful death.

Lastly, if there are no children, spouse or surviving parents, the estate can file a claim of wrongful death.

 

How long do I have to file a Wrongful Death claim?

In the state of Georgia, one generally has two years to file a claim against the at-fault party. There are some exceptions to this in regards to any criminal case filed against the at-fault party. If the at-fault party has pending criminal charges in relation to the case, your statute of limitations is postponed until there is an outcome in the at-fault’s case. Once the case is final, your two year time limit begins.

It is important to have an attorney that will work diligently on your behalf in any claim. Contact the Moore Law Firm LLC to discuss the facts of your case.