When a loved one dies in an accident due to negligence in Columbus, Georgia, you may have grounds for a wrongful death lawsuit. The impact of the loss can be felt both emotionally and financially. A wrongful death claim against the negligent individual or entity can help you recover damages for losses related to medical bills, funeral expenses and other losses.
- Definition of Wrongful Death
- What Are Examples of Wrongful Death Cases?
- What Types of Damages Can I Receive?
And while dealing with courts and paperwork may be the last thing a grieving person wants to face, it's important to take action sooner than later. While there are some exceptions, depending on the nature of the case, in Georgia, you generally must file a lawsuit within two years of the death, according to the state's wrongful death statute. If you miss the deadline to file, you will be barred from taking legal action against the negligent party. That's why it's critical to contact Slocumb Law Firm as soon as possible for a free consultation. Call 706-571-9222 today.
A "wrongful death" relates to the loss of someone's life because of another person's wrongful conduct. The wrongful conduct, or negligent act, might be committed by one person or more than one person. A claim might be filed against an individual or an entity, such as a company or corporation. Each state, including Georgia, has a wrongful death statute that governs who may be part of a lawsuit. In Georgia, the spouse of the deceased may recover compensation in a claim. If there is no spouse, children of the deceased may recover. If no spouse or children, parents of the victim may recover. If no spouse, children or parents, the executor of the estate may recover. The wrongful death statute in Georgia includes other provisions. It's best to speak to an attorney about your specific case.
Fatal car wrecks are among the most common wrongful death cases we handle. For example, we may represent the spouse of someone who is killed by a drunk driver who runs a red light. In this example, we would need to prove negligence. We would need to show that the driver breached his or her duty to prevent the victim from unreasonable harm. A Columbus police accident report may show that the driver was impaired by alcohol. There may be a blood test showing the driver's blood alcohol level was over .08 percent. We may track down witnesses who could testify they saw the driver drinking alcoholic beverages prior to the accident.
But a wrongful death claim can arise from any act of negligence, including a landlord's failure to keep property reasonably safe. A property owner might be sued for wrongful death if a visitor dies in an accident on the premises.
Doctors also can face such lawsuits if they fail to provide a patient with a certain level of care and that patient dies.
The most common types of damages sought in a wrongful death lawsuit include medical bills and funeral expenses. Our attorneys may seek punitive damages in some cases. These are meant to punish the defendant for particularly reckless behavior and to deter others from acting in a similar fashion.
Other damages include:
- Pain and suffering experienced by the family member
- Pain and suffering experienced by the deceased prior to death
- Loss of future income and benefits of the deceased
If you have questions about filing a wrongful death lawsuit in Columbus or elsewhere in Georgia, call Slocumb Law Firm immediately or complete the free consultation fields on this page and click submit.