Wrongful Death Lawyer in Calhoun, GA

What Are the Requirements To File for Wrongful Death?

Filing a wrongful death claim in Georgia requires meeting specific legal criteria.

Who Can File

Under Georgia law, only certain family members can file a wrongful death lawsuit. This includes:

• The spouse of the deceased.
• If there is no spouse, the children.
• If there are no spouses or children, the deceased’s parents.

In the absence of these relatives, the estate executor or administrator can file the claim, with damages distributed to the next of kin.

Proving Negligence

To succeed in a wrongful death case, you must prove that the death resulted from another party’s negligence or intentional harm. This involves demonstrating:

• Duty of Care: The responsible party had a legal obligation to act in a way that prevents harm.
• Breach of Duty: They failed to uphold that duty.
• Causation: Their actions directly caused the death.
• Damages: The death resulted in quantifiable losses, such as funeral expenses or lost income.

Georgia follows a modified comparative negligence rule. Under this statute, your compensation may be reduced if the deceased is found to have shared some fault for the incident. For example, if the court finds that the deceased was 10% responsible for the accident, any compensation awarded would be reduced by that percentage. If the deceased is determined to be 50% or more at fault, you will be barred from recovering damages.

Meeting the Deadline

In Georgia, the statute of limitations for filing a wrongful death claim is typically 2 years from the date of the deceased’s passing. Certain factors can affect this timeframe, for example:

• If a criminal investigation is involved (such as in cases of homicide), the statute of limitations may be paused until the case is resolved.
• If the deceased’s estate has unpaid debts, the clock may be extended to allow creditors to resolve claims against the estate.

Missing this deadline can result in losing your right to seek compensation, no matter how strong your case may be. Acting quickly and consulting with a Calhoun wrongful death lawyer ensures that your case is filed on time and your rights are protected.

Will You Have To Go To Court?

Many families worry about whether they’ll need to go to court when filing a wrongful death claim. The good news is that the majority of these cases are settled out of court through negotiations with the responsible party or their insurance company. Reaching a settlement often saves time and spares families the emotional strain of a trial.

If a fair settlement cannot be reached, your case may proceed to trial. In this situation, having an experienced attorney by your side is extremely beneficial. At The McMahan Law Firm, we’ll prepare your case as if it’s going to trial from the start. This thorough approach ensures we’re ready to present a strong argument in court if necessary, while also putting pressure on the other side to settle fairly.

Whether your case settles out of court or goes to trial, we’ll be with you every step of the way to provide the support and advocacy you need.

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