Catoosa County Wrongful Death Lawyer
While every death is tragic, someone passing because of another’s negligent actions can make the situation even more frustrating and confusing for those grieving. In many cases, mourners are also saddled with financial obligations, such as funeral costs or medical expenses.
Fortunately, Georgia law allows spouses, next of kin, and representatives of an estate to file civil lawsuits to compensate the victim’s family with a compassionate capable personal injury attorney’s help. If you have lost a loved one because of the actions of another, consult with a Catoosa County wrongful death lawyer to discuss your potential claim.
Defining Wrongful Death
Georgia law defines a wrongful death as any death caused by injuries received from another’s negligence, omission, or criminal act. Depending on the details that lead to a wrongful death, criminal charges may be brought against the defendant.
However, a wrongful death suit is a civil claim, which means it is entirely separate from criminal charges. Civil cases penalize liability through monetary damages, while criminal cases could lead to a criminal record, prison sentence, or other criminal penalties. A Catoosa County wrongful death attorney could provide information regarding the affect criminal proceedings may have on civil suits, and vice versa.
What Damages Could Potentially Be Recovered?
Wrongful death claims intend to provide financial restitution to those who may have died because of another’s actions. Since the deceased is unable to bring forward a claim themselves, Catoosa County wrongful death plaintiffs are usually surviving spouse or other close relatives, such as next of kin.
Code of Georgia §51-4-5 allows those to seek recovery for the “full value of life” of the deceased. This means that, with proper evidence, claimants may be able to recover for damages such as:
- Funeral and burial expenses
- Medical expenses, or expenses related to the death
- Lost wages or lost salary
- Expenses related to the suffering of the victim
Often, damages may not have a clear economic value. In these cases, a compassionate wrongful death lawyer in Catoosa County could provide additional information on how the court and individual may quantify theses damages. They also may be able to offer advice on fair settlements.
Catoosa County Statute of Limitations
Personal injury claims, including wrongful death, generally have a statute of limitations applied to them. Georgia is a state with such laws.
O.C.G.A. §9-3-33 states that the ability to file expires two years after the date of the injury in Catoosa County. If a potential plaintiff fails to file his or her claim within this mandated time frame, they may be unable to receive compensation.
This statute of limitations exists for a variety of reasons. It helps to ensure that information presented in court is based on recent, clear evidence or testimony, and potential defendants do not live under threat of litigation.
However, there are some cases in which the statute of limitations could be waived. Given the details of a case, experienced Catoosa County wrongful death lawyers could aid in quick filing, as well as how to build a positive case.
How a Catoosa County Wrongful Death Attorney Could Help
No amount of money can amend the death of a loved one. However, compensation could help offset of the potential stresses that come with a loved one’s death. We strive to passionately and effectively advocate on behalf of the victim and their representatives.
Following a death, the focus should be on processing and healing, but in the meantime a Catoosa County wrongful death lawyer could seek justice on behalf of those who have passed. Contact us today to discuss your situation and any potential claim you may have.
