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- What
is a "wrongful death" claim?
- Who
can file a wrongful death case?
- What
types of damages may be recovered in a wrongful death case?
- What
is the first step in pursuing a wrongful death claim?
- What
if I am told by an attorney that I do not have a good case?
- What
about the costs involved in pursuing a case?
- How
long will a wrongful death case take?
- How
long does one have to make a claim?
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1.
What
is a "wrongful death" claim?
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Answer:
In general terms, a "wrongful death" claim typically refers
to a cause of action that
may be brought by certain family members of a decedent whose death was
precipitated by the wrongful conduct of another. The
"wrongful" act that resulted in death may have been
intentional, reckless, or negligent. In cases where a dangerous
product caused the death, it may not be necessary to show
"wrongful" conduct in order to recover. Back
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2.
Who
can file a wrongful death case?
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Answer:
In Georgia, a surviving spouse, or if there is no surviving spouse may
bring a wrongful death claim. If there is no surviving spouse, the
children may bring the death claim. If there is neither a surviving
spouse or surviving children, the parents of the decedent may pursue the
wrongful death claim. Absent a surviving spouse, surviving children,
and surviving parents, the administrator of the decedent's estate can sue
on behalf of the estate.
Georgia law dictates that the surviving
spouse must share any recovery equally with the surviving children. Back
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3.
What types of damages may be recovered in a wrongful death case?
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Answer:
Under Georgia law, a wrongful death claimant may recover "the
full value of the life of the decedent without deducting for any of the
necessary or personal expenses of the decedent had he lived."
This may include an economic component (such as lifetime income) as well
as the value of the inherent enjoyment of living.
Other Damages: The
administrator or executor of the decedent's estate may also seek damages
for the decedents medical and funeral bills, and for pain and suffering
experienced by the decedent prior to death. Back
to FAQ menu.
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4.
What
is the first step in pursuing a wrongful death claim?
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Answer:
Given that wrongful death claims and survival actions generally involve a
variety of complex legal issues, the first step is to consult an
attorney. An attorney should be consulted as soon as reasonably
possible because there are statutes of limitations and possibly other
critical deadlines that may impact the case. Back
to FAQ menu.
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5.
What
if I am told by an attorney that I do not have a good case?
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Answer:
Determining whether or not one has
a "good case" is not always an exact science. Because such
determinations involve the professional judgment (based upon many factors
and considerations) of experts and attorneys, it is recommended
that you seek a "second opinion" from one or more qualified
attorneys if told that your case is without merit. Back
to FAQ menu.
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6.
What
about the costs involved in pursuing a case?
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Answer:
Some attorneys (including the sponsor of this
website) will agree to handle wrongful death cases and survival actions on
a contingency fee arrangement. This means that the attorney will not
charge an hourly rate for his or her services, but instead will be paid a
percentage of the recovery in the event of a settlement or judgment.
In many instances, such attorneys will also pay the case development
expenses (such as expert fees, deposition costs, etc.) with the
understanding that he or she will recoup such costs only in the event of a
recovery. Therefore, you may be able to secure legal
representation without having to pay any attorney's fees or expenses out
of your own pockets. Back
to FAQ menu.
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| 7.
How
long will a wrongful death case take? |
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Answer:
There is simply no easy answer to
this question. The vast majority of all cases, including wrongful
death cases, are settled prior to trial. Some cases are settled
prior to the filing of a lawsuit, while others are settled during
litigation or even on the "steps of the courthouse" just before
trial. A wrongful death case, if litigated to trial, could last a
number of years. One who pursues a wrongful death case should
understand from the outset that a quick resolution cannot be
guaranteed. Back
to FAQ menu.
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| 8.
How long does one have to make a claim? |
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Answer:
"Statutes of limitation" govern the
length of time one has to file a lawsuit or be forever barred from
pursuing such claim. Under Georgia law, different statute of
limitations periods apply as to personal injury cases under various
circumstances. In some cases, the statute of limitations may be as
short as one year, while under different circumstances, it may be eight
years or more. Many factors bear upon when the applicable statute of
limitations period expires including the age of the plaintiff, the
type of personal injury claim, the particular facts giving rise to the
injury, and others. One must make absolute certain that they are
aware of when their statute of limitations period expires, or risk
jeopardizing their legal rights. An experienced personal injury
lawyer can be of assistance in this regard.
A potential claimant seeking the advice of an attorney should do so without
delay. In certain cases, there may also be other deadlines
that may also impact the case.
For example, claims against government entities may require that the
entity or entities be put on "notice" much earlier than the the
statute of limitations period. Furthermore, given that expert and legal analysis must be done prior to
filing a lawsuit, you should not wait until the statute of limitations
period is nearing its end because the attorney may not have enough time to
complete his or her review prior to its expiration.
There are other benefits to securing obtaining counsel early on as well. Memories of the event or events in question tend to fade
in witnesses, potential witnesses may later be unavailable because they
have moved, become incapacitated, etc. Back
to FAQ menu.
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