Ringgold Wrongful Death Lawyer

Wrongful death is the term used in civil courts for when someone dies due to the criminal, intentional, reckless and/or negligent actions of another person, entity, or business. A wrongful death claim determines the full value of the life of the deceased and may result in compensation for both monetary and intangible losses of the family, including funeral and medical fees as well as the loss of companionship and care.

If your deceased loved one was a major source of financial support for your family, such a damage award may be critical for you and your family to be able to maintain a secure lifestyle. Even if you simply want coverage for funeral expenses or some degree of closure, consider hiring a Ringgold wrongful death lawyer to be your advocate. Our knowledgeable and compassionate personal injury attorneys could help you structure your claim and begin the process of negotiating with the representatives of the defendant.

Eligibility to File a Wrongful Death Lawsuit

Wrongful death lawsuits in Ringgold may be brought by the next of kin, including the spouse, children, or surviving parents of the deceased. Alternatively, a claim may be brought by a person representing the estate of the deceased in the interests of next of kin if there are no eligible survivors of the deceased, according to Official Code of Georgia Annotated §51-4-5. The purpose of this claim is to recover medical expenses and funeral expenses, as well as to compensate for any pain or suffering for the death that was caused by those liable.

Statute of Limitations for Death Claims

The statute of limitations for wrongful death claims is generally two years. However, if there is a criminal case connected to the death, the two-year statute of limitations clock may be paused until the criminal case is concluded, at which point the civil case would then proceed. Additionally, if the deceased’s estate is not probated, the statute of limitations can be as long as five years until the estate is probated. A Ringgold wrongful death lawyer could help someone file a claim within the statute of limitations.

Degree of Negligence in Ringgold Wrongful Death Cases

Proving negligence is often the first step to recovering damages after a wrongful death. Once it is proven that the defendant—through action or inaction—breached a responsibility to care for the deceased party, the level of negligence he or she is liable for can be determined. The degree of negligence and recklessness on the part of the defendant is an important factor in determining if and how much damages are awarded. An accomplished attorney is experienced and quite capable of proving negligence.

It should be noted that according to comparative negligence laws, financial compensation may be reduced if it is found that the deceased party also contributed to his or her own death through his or her own negligent or reckless actions. Specifically, recovery may be reduced according to the percentage that the deceased was at-fault.

Reach Out to a Ringgold Wrongful Death Attorney

The loss of a loved one is almost always devastating to survivors, and the individual’s first duty after such an experience should be to grieve. However, working towards getting on your feet by hiring a Ringgold wrongful death lawyer could also be important, as having a dedicated attorney working with you to recover damages may be critical to you and your family’s future.

Your lawyer could carefully research the incident that led to your loved one’s death, interview witnesses, review any extant police report, and gather other necessary information. Since the attorney knows the law so well, he or she could also have a sense of how much the damage award is likely to be and work to fend off opposing defendant parties while pursuing a fair settlement. Contact one of our Ringgold wrongful death attorneys today to start working towards the justice you deserve.