Dade County Wrongful Death Lawyer
If you recently lost a loved one, pursuing civil litigation may understandably be the last thing on your mind right now. That being said, seeking civil compensation from the party responsible for your grief may be critically important to maintaining your financial security going forward, as well as that of your extended family.
A Dade County wrongful death lawyer could discuss your legal options with you in a confidential setting and help you decide what your best next move is. Should you decide to pursue legal action, a personal injury attorney could work tirelessly on your behalf to ensure your case is as strong and as comprehensive as possible.
How State Law Governs Wrongful Death Cases
In the state of Georgia, a wrongful death is considered to be one which results from someone else’s “negligent, reckless, intentional, or criminal” actions. Put more broadly, a wrongful death lawsuit may be filed in any situation where, had the victim survived his or her injuries, that person would have had standing to file a civil lawsuit against the party who harmed him or her.
Official Code of Georgia §51-4-2 establishes a priority order for who may file a wrongful death suit on a deceased person’s behalf. The decedent’s spouse is the party with the primary right to file suit, followed by surviving biological children of the decedent, surviving parents, and the estate’s personal representative. A Dade County wrongful death attorney could help clarify who has the right to file in a particular situation.
If a deceased person’s spouse files suits on his or her behalf, they must receive at least a third of the total damage award for his or her case regardless of how many children he or she had with the decedent. Furthermore, if a personal representative files on behalf of a deceased person’s estate, that personal representative must pass any damages recovered through the estate to be distributed to the decedent’s next of kin.
What Damages Could Be Recovered?
Under Georgia state law, there are actually two distinct types of wrongful death claims, each of which seeks restitution for different damages. The first type focuses on damages suffered by the decedent’s surviving family and seeks compensation for monetary losses they suffered as a result of their loved one’s death. These typically include the following:
- Lost financial support from the decedent’s work wages or other income
- Loss of future economic benefits that the decedent would have earned over the course of their life
- Loss of companionship with the decedent
- Loss of personal care
- Loss of consortium for a spouse
The second type of wrongful death claim a lawyer could help someone in Dade County file is meant to recover for losses sustained by the decedent or his or her estate before he or she passed away. These may include but not limited to medical bills, expenses related to the decedent’s funeral and/or burial, and pain and suffering the decedent experienced prior to his or her death.
For either type of case, the applicable statute of limitations for wrongful death cases requires potential plaintiffs to file suit before two years have passed following their loved one’s death. However, if the events which led to the decedent’s death are the subject of an ongoing criminal case, the statutory period for a related civil case may be tolled—or paused—until the criminal case concludes.
Speak with a Compassionate Dade County Wrongful Death Attorney Today
There is no amount of money or civil court verdict that can fully make up for the loss of our loved ones. What recovering compensation can do, however, is make sure you and your family are taken care of financially despite the tremendous personal loss you have suffered.
Once retained, a dedicated Dade County wrongful death lawyer could offer guidance and support throughout any legal action you wish to undertake. To schedule a confidential consultation and discuss the options available to you, call today.
