The unexpected death of a loved one is a tragic situation that can cause excruciating emotional pain, mental anguish, and a financial burden for those left behind. If you lost a family member due to someone else’s negligence or intentional actions, you have the right to hold the responsible party accountable.
Filing a Roswell wrongful death action could help you and your family get the help you need. Reach out to a compassionate wrongful death attorney today to schedule a consultation. A consultation of your case may help you better understand how to file a claim and the monetary damages that could be available to you.
What is a Wrongful Death Action?
A wrongful death occurs when a person dies due to the negligent or illicit actions of another. Essentially, if it were not for that party’s reckless or intentional actions, the individual would still be living. The wrongdoer in a wrongful death case could be a person or it could be a business entity.
A wrongful death action is meant to reimburse those family members who survive the decedent. There are many types of damages that could be available to these family members depending on the circumstances of the case. Causes of a wrongful death case might include:
- Pedestrian and bicycle accidents
- Birth injuries
- Defective products
- Slip and fall accidents
- Premises liability cases
- Motor vehicle accidents
- Medical malpractice
Any of these causes, along with many others, could be the reason a family lost their loved one. When this happens, the surviving family should contact a Roswell attorney to file a wrongful death action and seek compensation as soon as possible.
Filing a Wrongful Death Action in Roswell
Georgia Code § 51-4-2 is the legal authority on wrongful death actions in the state of Georgia. It states that the surviving spouse, any surviving children, or the parents of the deceased person may file a wrongful death claim when the circumstances warrant. Compensation is then considered from the surviving family members’ point of view, rather than the decedent’s. This is different from a survival claim, which is meant to compensate the decedent for what they suffered before their passing.
A wrongful death case is filed against the party responsible for the person’s death. In order to achieve this, the family’s attorney files the wrongful death case in court to begin the action. At that point, the discovery process begins to determine who was at fault and find evidence to prove the case.
Proving Fault in a Wrongful Death Case
To prove fault in a wrongful death action, the family’s attorney will investigate the case by:
- Looking at video recordings of the accident
- Speaking with eyewitnesses
- Analyzing police reports
- Using accident reconstruction reports
- Analyzing medical evidence and testimony
Proving fault in the case is crucial to winning compensation for a wrongful death lawsuit.
Filing the Claim in Time
To file a successful wrongful death action, it must be submitted in a timely fashion. State law requires that a wrongful death case be reported within two years of the date the death occurred. If a family waits too long to file, the case could be dismissed entirely.
To avoid missing the statute of limitations, it is best to approach an attorney right away following the wrongful death of a loved one. Since it takes time to investigate, collect evidence, and submit a claim, it is in the family’s best interest to contact a lawyer early on.
Contact an Attorney to File a Roswell Wrongful Death Action
As soon as you contact an attorney, you could receive a consultation to review your case. This consultation could reveal important details about how to proceed with your claim and seek compensation.
Filing a Roswell wrongful death action with a qualified lawyer may result in substantial compensation for your family. Contact us today.