Montlick and Associates - Experienced Albany Wrongful Death Lawyers
When family members endure the unanticipated death of a loved one because of the negligent or intentional act of an individual, business or public entity, a qualified Albany wrongful death attorney can provide representation to seek money damages and financial support for surviving loved ones. The loss of a parent, child or spouse often results in an overwhelming sense of grief and loss. When dealing with these intense and painful emotions, deadlines for initiating legal actions, navigation of legal procedures and avoidance of insurance company traps might not seem like a priority. However, the death of a family member also can force surviving family members to cope with financial obstacles like medical bills, burial/funeral expenses and the loss of household income.
Our team of experienced Albany wrongful death lawyers at Montlick and Associates have been representing fatality victims and their families for over thirty years. Since we receive many inquiries from families who have lost a loved one, our Albany wrongful death lawyers have provided some answers to frequently asked questions (FAQs) about Albany wrongful death lawsuits and settlements.
Legal Compensation for Fatal Accident Claims in Albany, Georgia – Frequently Asked Questions (FAQs)
What is a wrongful death claim?
A wrongful death claim is a civil action seeking monetary damages because the negligent, reckless or deliberate act of an individual, public entity or company has caused a fatality. Example of the types of incidents and injuries that frequently constitute the basis for an Albany wrongful death claim include:
- Construction site accidents
- Motorcycle accidents
- Crashes involving intoxicated drivers
- Homicides and other intentional violent crimes
- Failure to diagnose dangerous medical conditions
- Drugged driving crashes
- Abuse or neglect of nursing home residents
- Collisions involving tractor-trailers
- Accidents involving defective products
- Drowning incidents
- Distracted driving accidents
- Other types of motor vehicle accidents
- Dangerous drugs
This is not a comprehensive list of the types of accidents or intentional acts that might create the right to pursue legal action under Georgia wrongful death laws, so families should seek legal advice if a loved one has died because of the careless or wrongful acts of a third party.
Who may bring a wrongful death action under Georgia's wrongful death statute?
A surviving spouse may bring a wrongful death claim, or the decedent's children can bring such an action in the event there is no surviving spouse. If there is no surviving spouse or children, the parents of the decedent can bring a wrongful death action. In the event that a decedent does not have any of these surviving family members, the administrator of the estate can initiate the wrongful death claim.
What is the statute of limitations for Georgia wrongful death claims?
The statute of limitations is the legal deadline within which a party must initiate a lawsuit without losing the right to pursue legal action. The correct termination of the applicable time deadline should be determined by a knowledgeable lawyer after examining the facts of your unique situation, so a prompt consultation with an experienced Albany wrongful death attorney is the best option. While the statute of limitations generally starts on the date of death, there are many complications that may impact the calculation of when the deadline expires, so it is important to seek legal advice. Given the harsh consequences of failing to comply with the statute of limitation, it is best to obtain legal advice about a potential wrongful death claim as promptly as possible.
What types of financial compensation can be sought under Georgia's wrongful death statute?
The Georgia wrongful death statute provides that damages include "the full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived." See O.C.G.A. §51-4-1. Damages may include some or all of the following:
- Future lost income
- Pain and suffering of surviving family members
- Funeral/burial expenses
- Loss of loved and protection of a spouse child or parent
- Emotional anguish
- Pain and suffering of decedent from the time of the accident until death
- Loss of inheritance
- Loss of value of decedent's benefits
- Punitive damages (in appropriate cases)
Representing Albany Wrongful Death Victims and Their Family for Over 30 Years
The Montlick & Associates team of Albany wrongful death attorneys have been representing the families of wrongful death victims for over thirty years. If your loved one suffers a wrongful death, we invite you to call us for a free consultation today. No matter where you are located, our Albany wrongful death lawyers are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-523-6333). You also can visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.