Determining your rights after your loved one has suffered fatal injuries is never any easy task. Many clients have the fight in them, but it is driven by hurt, grief, and turmoil. When the loss of a loved one occurs, the impact on the family is often devastating. Family members suffer emotionally and financially to cover the regular day-to-day expenses and other related costs such as medical expenses, funeral costs, and more. The unexpected loss of a parent, sibling, or child is hard to overcome. While personal injury actions cannot replace the relationship you had, a personal injury action can help you recover financially for the loss you sustained. The Marietta wrongful death attorneys at The Persons Firm want to help you obtain relief. For a risk-free initial consultation, please contact our office today.Understanding Wrongful Death Actions
Georgia defines wrongful death as a negligent, reckless, intentional, or criminal act that causes the death of another. A wrongful death action may be the result of any type of accident or incident, including:
- A mistake during a medical procedure that causes fatal injury;
- A car accident, bus, or trucking accident;
- A product that was unsafe for consumer use or consumption;
- Driving under the influence of drugs or alcohol;
- The act of murder;
The possible scenarios for which a wrongful death case can occur are endless. When these types of accidents occur, it is important to give yourself some time to process the occurrence. However, as soon as you’re ready, it is important to speak with an experienced wrongful death lawyer in Marietta who can help preserve your right to file an action. The statute of limitations for these types of suits is two-years from the date of a loved one’s death.Filing a Wrongful Death Suit
Filing a wrongful death lawsuit is the first step in asserting your right to relief. In lawsuits involving the death of a family member, there are often a large number of people impacted. In fact, distant cousins, aunts, uncles, coworkers, and others may be devastated by the loss. However, Georgia limits the people who can file a wrongful death suit, as do most states. In Georgia, a spouse initially has the right to bring a wrongful death action in court. The spouse will also represent the interests of any minor children. If no spouse or children exist, then an action may be brought by any surviving parents or the personal representative of the estate. A knowledgeable Marietta wrongful death attorney at The Persons Firm will be able to assist you in determining your standing, or legal right, to initiate such proceedings.
Depending on the circumstances leading to the death of your loved one, different evidence and legal arguments will need to be presented. However, most commonly, negligence on the part of a defendant is the legal basis for a wrongful death claim. Negligence is present when a defendant has breached an owed duty of reasonable care to the victim, causing their death, and resulting in damages. For instance, in medical malpractice cases, a doctor owes his patient the duty to act as a reasonable and prudent doctor would act in the same, or similar, circumstances. A breach of this duty occurs when the doctor falls below the standard of reasonableness accepted in their field and is a proximate cause of the victim’s death. Damages in a wrongful death case can include the victim’s outstanding medical expenses, as well as funeral or burial costs, loss of support and emotional distress.Contact an Experienced Georgia Attorney
If you have suffered a loss, our Marietta wrongful death attorneys want to help you obtain monetary compensation for not only the financial difficulty that you are experiencing, but the emotional injury you sustained. When you meet with The Persons Firm for an initial consultation, you will have a clear understanding of your right to relief, which will allow you to make an informed decision on how to proceed. The Persons Firm is located in Marietta, Georgia, but we represent clients in surrounding areas and throughout Georgia. Contact us today to determine how we can help you obtain relief.