Canton Wrongful Death Lawyers
If you’ve lost a loved one in an accident or from medical malpractice, you have two years in Georgia in which to file a wrongful death lawsuit. The claim starts from the date of death and can be filed if the death resulted from intentional, reckless, or criminal behavior. So, even if the other party faces criminal charges, you can file a claim.
Also, some places are more dangerous to drive than others. Therefore, a rough stretch of highway may have been the reason for your loved one’s accident, especially if signs about the hazards were not posted. In this case, you may have to file a claim against the city or county DOT.
That’s why you’ll need an attorney’s help. A wrongful death lawyer from Spaulding Injury Law: Cumming Personal Injury & Car Accident Lawyer can make filing a claim easier during a stressful and sad period. If the death was avoidable, you should consult with a lawyer immediately.
Wrongful Death Claimants in Canton, GA
If you’re a surviving spouse, you have the primary right to sue for wrongful death, followed by children of the deceased, or if the deceased had no spouse or children, the parents may file a claim. A surviving spouse with children can receive damages, which is also divided among the surviving children. However, the spouse receives not less than one-third of the total award.
If the surviving children were under 18 at the time of the decedent’s death, their legal guardian may file a claim. Money is placed in a trust for the children to claim when they reach the age of majority. Our law firm can assist you in determining who should file the claim to seek compensation and justice for your losses.
Common Types of Canton Wrongful Death Damages
You might sue for damages that relate to the following:
- The total value of the decedent’s life
- Loss of consortium
- Loss of future financial earnings and support
- Loss of a parent’s relationship
- Mental and emotional anguish
Wrongful death damages should take into account the total value of the deceased’s life that was lost in the accident. A deceased person’s estate can also file a claim for losses the estate incurred because of the untimely death.
Always have our experienced wrongful death lawyers from Spaulding Injury Law: Cumming Personal Injury & Car Accident Lawyer identify and calculate your damages.
Establishing Wrongful Death
To establish wrongful death, you need to show the following.
- The other party was responsible for ensuring accidents did not happen so your loved one would be protected from harm.
- The other party failed to fulfill this duty of care.
- This breach in their duty of care led to their loved one’s death.
- As a result of the breach, you are entitled to damages.
So, you’re entitled to take the necessary legal steps to file a wrongful death lawsuit if a loved one is the victim of medical malpractice, a violent crime, or a preventable accident.
Making Some Key Decisions
To prevail in your case, you’ll need to decide on who will file the claim, the party you’ll be suing, and the deadline for filing. Naturally, the sooner you file, the easier it will be to proceed with your case. If you miss the two-year deadline, you won’t be able to process a claim or receive damages.
Why You Don’t Want to Procrastinate
It’s important to note that waiting too long–even if your claim falls within the deadline–can be tricky unless you hire an experienced attorney – a legal professional who understands what it takes to file a successful lawsuit.
Call an attorney specializing in wrongful death claims today if you haven’t already. There’s a lot involved in the process. So, you don’t want to fall behind.
Collecting the Evidence
Not only will you need to gather medical records of the deceased but also witness statements, accident reports (if applicable), and, in some instances, expert testimony.
Proving Your Canton Wrongful Death Case
Again, the idea is to convince the court that the defendant breached the duty of care they owed to the deceased and that their negligence and, thus, the breach caused the fatality.
FAQs About Wrongful Deaths Around Canton
Again, it’s best to talk to an attorney if you have questions about a wrongful death claim. The following questions and answers can help you initiate a discussion.
Do you need an administrator to file a wrongful death claim?
A surviving spouse can bring a wrongful death claim whether or not they are administrator of the estate. An administrator can only file for wrongful death if the decedent died without survivors, including a spouse, children, or parents.
If the deceased victim had a will, that document should dictate who the administrator, executor, and personal representative are. If there is no will or the designated executor cannot fill the role, the probate court must appoint one.
A petition is filed with the state’s probate court to appoint an administrator, and appointment can take time. The administrator of the decedent’s estate who brings a wrongful death claim will hold any damages for distribution to the decedent’s next of kin.
Does it matter, in a wrongful death case, if the decedent left a will?
It does not matter if the deceased died with or without a will. It is irrelevant for wrongful death compensation. That’s because estate claims are considered different from wrongful death claims and, therefore, are separate. Families are entitled to seek damages for wrongful death with or without a will.
Do you have to be named in a will to file a wrongful death claim?
You don’t have to be named in a will to bring a wrongful death case. Georgia has specific rules about the individuals eligible to bring a claim, and those guidelines have almost nothing to do with a decedent’s will.
Contact a Wrongful Death Attorney in Canton Today
If your loved one died as the result of another party’s negligence, speak to a wrongful death lawyer in Canton now. Contact Spaulding today for a no-obligation consultation.
Our Wrongful Death Office in Canton
Spaulding Injury Law: Cumming Personal Injury & Car Accident Lawyer is located close to you, in Downtown Cumming near UFA Soccer Fields and Cumming Polo Golf & Country Club.
Cumming Personal Injury Lawyers located at 5860 Bond St, Cumming, GA 30040, United States.