Mableton Wrongful Death Lawyer
While the loss of a loved one is tragic and upsetting, it can be even more painful if he or she passed away as the result of someone else’s actions. If your loved one has suffered a wrongful death due to negligence, you may be entitled to compensation.
A wrongful death lawyer can help you through the difficult process of filing a one of these lawsuits. Our lawyers at Prieto, Marigliano, Holbert & Prieto, LLC can help you through this difficult time by getting the justice you and your loved one deserve.
Types Of Wrongful Death Claims
Vehicular accidents are one of the most common causes of wrongful death. A “vehicular” accident lawsuit can include trucks or motorcycles, not just cars. When vehicular accidents involving reckless or negligent behavior cause another person’s death, the victim’s loved ones may be able to bring a wrongful death claim against the other driver.
Fatalities that result from an accident at a person’s workplace may also qualify for a wrongful death claim. For instance, if the employer’s negligence lead to unsafe working conditions which then resulted in the death of your loved one, your case may be ripe for a wrongful death claim.
Another type of wrongful death claim is medical malpractice. If your loved one died while in a medical provider’s care, you may have a wrongful death claim here too, depending on the circumstances. Of course, if the doctors and nurses did all they can and your relative died anyway, this is not necessarily a wrongful death. What makes the death “wrongful” is that you can prove that someone’s negligence caused your loved one to pass away.
Filing A Wrongful Death Claim
Under Georgia law, a wrongful death case is treated similarly to a personal injury case. However, the main difference is that, because the injury resulted in the victim’s death, a close relative of the victim must file the suit, as opposed to the victim.
The victim’s spouse is first in line to file a wrongful death suit. The victim’s minor children can be parties to the action as well, since they are represented by the victim’s spouse. In this case, if the family prevails, the spouse typically receives one-third of the settlement proceeds, while the children split the remainder evenly.
However, if the victim dies without a surviving spouse or children, like if the victim was a minor, then the victim’s parents have the right to file the wrongful death claim. If the victim has no spouse or children, and both of his or her parents are deceased, like if the victim was elderly, then the victim’s estate may file a suit on behalf of the victim’s next of kin, like a sibling or an aunt or uncle.
Types Of Damages
If you are considering filing a wrongful death claim, you may not know the kinds of damages, or compensation, you can ask for. You can seek financial and emotional damages incurred as a result of your loved one’s death. For instance, you can seek lost wages that your loved one would have earned if he or she was still able to work. You can also sue for the emotional damages you have suffered in your loved one’s absence.
You can also seek reimbursement for costs incurred as a result of the accident. For instance, any medical costs, such as a hospital stay or other treatment administered in an attempt to save your loved one, may be recovered. In addition, you may also seek reimbursement for funeral costs. Finally, you can also ask for damages to compensate for the pain and suffering your loved one experienced before their death.
If Your Family Has Suffered A Wrongful Death, We Can Help
It is crucial to understand Georgia’s statute of limitations for wrongful death lawsuits. The state allows you two years from the date of the accident to file a wrongful death lawsuit. If your loved one suffered for weeks or months before their death, this means you have less time in which to file.
At Prieto, Marigliano, Holbert & Prieto, LLC, we understand the tough time you are going through. That is why we want to help you. We know the last thing you want to do right now is deal with legal red tape, but we also do not want to see you miss out on getting justice for your relative and being compensated for your suffering.
We have the experience and manpower to help you file your claim quickly and correctly. Call us at (855) 329-7144 or use the contact form on our website, and you will be connected to a member of our team who is well-versed in wrongful death lawsuits. Best of all, your initial consultation is free, and we will never pressure you to retain us. If you do not like what you hear, you can simply move on to another lawyer or handle the case yourself. Do not let the clock run out on your time to file. Let us help you!