Nothing is quite as difficult as losing a loved one, but losing a loved one because of another person’s negligence or crime can be much more devasting. The loss of a loved one is not only emotionally traumatizing but could leave the victim’s family facing significant financial challenges due to their loss.
Some Valdosta residents might not be aware of their rights to recover compensation for the wrongful death of a loved one. A knowledgeable Valdosta wrongful death attorney could be helpful here. Wrongful death lawsuits are often difficult cases because of the emotions involved. Depending on your relationship with the deceased, you could be entitled to damages for your loss and other expenses associated with your loved one’s passing.
If your loved one died because of another person’s wrongful act, our experienced Valdosta wrongful death attorneys can assist you by providing a free case review. Call Howe Law at (844) 876-4357 today.
Defining Wrongful Death in Valdosta, GA
The phrase Georgia law uses instead of “wrongful death” is “homicide.” A homicide occurs when a person is killed by either the deliberate, negligent, reckless, or criminal act of another person. The majority of these homicides are the result of another party’s negligence. For instance, a distracted driver might cause a car accident, killing the other driver. Our Valdosta wrongful death attorneys can help explain the nuances of wrongful death lawsuits and how the type of loss you suffered might impact your case.
Who Can File a Wrongful Death Lawsuit in Valdosta, GA
Ga. Code § 51-4-2 sets specific guidelines for who may file a lawsuit in Valdosta. The law is limited, allowing only the following family members to file a lawsuit on behalf of their loved one:
- The spouse of the deceased
- The children of the deceased, if there is no living spouse
- The parents or guardians of the deceased, if there is no living spouse or children
However, if no spouse, children, or parents are alive to file a claim, Ga. Code § 51-4-5(a) provides that the executor or administrator of the victim’s estate may file a claim on behalf of the deceased. Our Valdosta wrongful death attorneys can help you determine if you have a valid claim for the wrongful death of your loved one.
Types of Wrongful Death Claims in Valdosta, GA
Georgia law allows for two types of claims that can be filed on behalf of the deceased in Valdosta. The first claim that the deceased’s surviving family members will typically file will be for the “full value of the life of the deceased.” The damages from a full value claim look at what the survivors might have lost because of their loved one’s passing. This includes compensation for emotional pain and suffering, loss of future wages the deceased would have earned, loss of potential retirement benefits, loss of household contributions the deceased would have made had they lived, and the loss of relationship support and companionship.
In addition to filing for the full value of the deceased, Ga. Code § 51-4-5(b) allows the estate’s personal representative to file a lawsuit to recover damages resulting from the victim’s wrongful death. These damages include medical costs, funeral expenses, and other necessary expenses resulting from the injury and death of the deceased. These types of lawsuits are filed separately but still provide the best method for recovering damages for your loss. Our Valdosta wrongful death attorneys can help you craft the proper legal strategy for your wrongful death case to maximize the compensation you are owed.
Statute of Limitations to File a Wrongful Death Lawsuit in Valdosta, GA
The Georgia statute of limitations is the deadline to file your wrongful death lawsuit in Valdosta. According to Ga. Code , qualifying survivors and estate executors will have two years from the date of a loved one’s passing to file a wrongful death lawsuit. Keep in mind that there are very few exceptions to the statute of limitations. In most cases, if your wrongful death lawsuit is not filed within two years, your case will not be heard by the court.
While it might be challenging following the loss of a loved one, it is important to start your wrongful death case as soon as you feel able. Wrongful death cases are some of the most complex cases to prove and often involve the use of a great deal of evidence to establish that the defendant caused the victim’s death. Important evidence could be lost or forgotten before you can secure it. If a product causes the death of a loved one, the defective product could be gone if too much time passes. Our Valdosta wrongful death attorneys can help you file your lawsuit promptly and prevent crucial evidence from disappearing.
Common Causes of Wrongful Deaths in Valdosta, GA
There are numerous ways that another person can cause the wrongful death of a family member. Regardless of whether the wrongful death happened because of another person’s carelessness or criminal behavior, you are entitled to compensation for your unjust loss. If your loved one lost their life in one of the following common ways, you could file a wrongful death lawsuit in Valdosta:
- Car accidents
- Pedestrian and bicycle accidents
- Drunk driving
- Construction and other workplace accidents
- Slip and fall accidents
- Motorcycle accidents
- Truck accidents
- Defective products
- Medical malpractice
Wrongful deaths can occur in many other ways that could be a sound basis for the surviving family members to file suit. Our Valdosta wrongful death attorneys can help you with these wrongful death cases and many others.
Our Valdosta, GA Wrongful Death Attorneys Can Help
If your loved one was the victim of a wrongful death accident, our Valdosta wrongful death attorneys could help you recover compensation for your incredible loss. Contact Howe Law at (844) 876-4357 for a free case evaluation.