Wrongful Death Attorney In Dalton, GA
Experiencing the death of a loved one can be difficult and extremely traumatic for any family to deal with on their own. However, when the death was caused by the carelessness or negligence of another person, the situation can almost seem to be unbearable. Moreover, when a loved one passes away unexpectedly, this can significantly affect the entire family’s future, especially if the deceased was the primary source of income.
Rob at Cowan Law Firm, LLC, recognizes this is a highly stressful time for you and your family. He is committed to assisting families during their grief by helping them start the legal process to hold those who may be responsible for the death of their loved ones accountable for their actions.
Rob at Cowan Law Firm, LLC, in Dalton is ready to assist you through the overly complex legal process surrounding wrongful death cases. Contact the firm and ask to schedule a free initial case review so that Rob may answer any questions and explain your rights and legal options.
What Is Considered To Be Wrongful Death In Georgia?
Georgia considers wrongful death to be the death of a human being resulting from negligence, a crime, or a defective product. Some of the causes of wrongful death are:
- Medical malpractice
- An intentional act such as a crime.
- An accident caused by negligence.
- A defective product.
Establishing negligence is the most vital element that must be proven in a wrongful death case. You must prove that negligence on the part of the responsible party contributed to the death of your loved one. You must also be able to prove that the deceased took reasonable precautions to prevent the accident or took steps to obtain medical care afterward.
If you are uncertain if your loved one’s death qualifies for a wrongful death claim, you need to speak with Rob, who can answer your legal questions.
Who Is Eligible To Act As Plaintiff In A Wrongful Death Claim?
A wrongful death claim is a personal injury claim that immediate family members file on behalf of their deceased loved one. Georgia law stipulates that only certain family members are permitted to file a wrongful death claim. The state has established a protocol as to who is eligible to file a claim legally.
- The deceased’s spouse is the first person entitled to file under Georgia law. In addition, the surviving spouse may also file on behalf of any children of the deceased under 18 years old.
- If there is no spouse, then the children of the deceased are next in line to file.
- If there is no surviving spouse or children, the parents of the deceased are permitted to file a claim.
- Finally, an estate representative may also file in the interests of the deceased’s estate. If any damages are recovered, they will revert to the estate and then properly distributed to the appropriate next of kin.
Understanding Time Limits For Filing A Claim
In Georgia, you typically only have two years from the date that your loved one died to file a claim. Many individuals mistakenly believe the clock starts running the day the victim suffers an accident. However, many injury victims do not pass away until a later time, so the date of death is when the time begins for a wrongful death claim.
Nevertheless, certain circumstances in which the statute of limitations may be “tolled.” In legal terms, tolled means to be extended for longer. For example, if there are issues with probating or distributing the deceased’s estate, the statute of limitations may be tolled until all matters have been settled. The two-year time limit for the wrongful death claim will start at that point.
No matter what circumstances your particular case may have, Rob can help you file a claim to ensure that you do not exceed the two-year time limit. If you do surpass the time limit, the Georgia courts will most likely refuse to hear your case.
Acting Quickly Can Preserve Your Legal Options
If you believe that your family member died as a result of wrongful death due to negligence, criminal act, or defective product, you may be entitled to file a wrongful death claim. One of the best steps that you can take to protect yourself and your family is to seek qualified legal representation as soon as possible. An experienced attorney can easily guide you through the often-complex legal process surrounding wrongful death.
Two years may seem like a long time. However, many individuals allow time to get away from them, and even though they may have had a valid case, the Georgia courts will refuse to hear it because of the fact that time has expired.
Damages You May Be Able To Recover
If Rob agrees to take your case, he can immediately begin investigating the death of your loved one and make a determination as to who should be held accountable. If he is successful, you may be able to recover the following damages:
- Funeral and burial expenses (within reason)
- Loss of income
- Loss of companionship
- Loss of guidance in life
- Mental anguish
- Pain and suffering
Rob understands that you and your family may be struggling with the reality of having to live without your loved one. One of the last things you want to do is deal with the many legal issues that accompany wrongful death. Rob can assist you in filing a wrongful death claim and remove some of the burdens you are feeling now.
Tell Rob Your Story – He Listens And Cares
Contact the Dalton firm and ask to schedule a free consultation with Rob. He can work with you to decide on how best to move forward with your case. Call the firm at 706-420-2949 to schedule a free consultation.