Experienced and Compassionate Athens Wrongful Death Attorneys
If your loved one dies in a car accident involving an intoxicated driver or a fall from a scaffolding on a construction site, an experienced Athens wrongful death attorney can explain your right to pursue a wrongful death claim. When a parent, child or spouse loses a loved one, surviving family members understandably may experience intense pain and grief. While these powerful emotions are anticipated when a close family member dies of natural causes, family members may struggle even more when the death is the unanticipated consequence of careless, inattentive or intentional actions.
Our Athens wrongful death lawyers at Montlick and Associates recognize that no amount of money can give a child back the guidance of a parent or love of a spouse. However, our Athens wrongful death attorneys are committed to representing our clients in confronting the legal, financial and insurance challenges that can make coping with the trauma of losing a loved even more difficult. When the family member who passes away is a breadwinner, the financial pressure felt by surviving family members may include medical bills, burial/funeral costs and loss of household income. We aggressively pursue the financial recovery our clients need so that our clients can focus on their overcoming the emotional turmoil of losing a family member.
What family members have the right to bring a wrongful death lawsuit?
Generally, the spouse or children will be the parties that bring a wrongful death claim involving an adult, but a spouse who brings the action must share any recovery with the minor children of the decedent. The surviving spouse who files a wrongful death lawsuit is entitled to no less than one-third of the recovery, but the proceeds must also be shared with the decedent's children. When the decedent is a minor, the parents have the right to pursue the legal action. Finally, if there are neither spouse nor children of the deceased, the right to sue falls to the decedent's surviving parents and, if there are no parents, then to the decedent's estate.
What deadlines apply to wrongful death lawsuits?
Timing requirements are an important part of Georgia wrongful death laws relevant to the legal rights of surviving family members. The most important of these deadlines is the statute of limitation. If a lawsuit is not filed before the statute of limitation "runs" (expires), the right to pursue a wrongful death claim will be barred. A knowledgeable attorney who considers the facts of your specific situation should make the determination of the applicable time deadline(s). Additionally, date that the limitations period begins can be "tolled" (suspended) and may vary based on the circumstances, so prompt legal advice is essential. There are other shorter deadlines that might be relevant if you are seeking damages from a municipality, county or other public entity.
What are the types of incidents and/or conduct typically at issue in wrongful death claims?
Because any failure to exercise ordinary care to prevent injury to an individual that causes a death can be the basis for a wrongful death claim, the types of accidental or intentional conduct that can cause a wrongful death are virtually limitless. However, some of the more common types of wrongful death claims involve the following:
• Tractor-trailer crashes
• DUI accidents
• Drivers texting or otherwise not paying attention
• Accidents on construction projects
• Failure to diagnose a heart attack, stroke or cancer
• Industrial and agricultural accident
• Abuse or negligence in a nursing home
• Fatal head injuries from falls and motor vehicle accidents
• Defective products including unsafe drugs and vehicles
• Speeding and other forms of negligent driving
• Drowning Accidents
• Inadequate security
• Violent crimes
• Medical malpractice
While the value of your claim and the types of damages available will depend on the specific facts of your case, there are two broad types of damages that might be recovered in an Athens wrongful death lawsuit under Georgia wrongful death laws. One component of damages is the full value of a decedent's life from the point of view of the decedent. The second component of damages are those incurred by the estate of the decedent. These typically involve medical bills, burial expenses, funeral costs and pain and suffering of the decedent prior to passing away.
Over 38 Years Representing Athens Wrongful Death Victims and Their Families
Our Athens wrongful death attorneys have been representing the families of wrongful death victims for over 38 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 Athens 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.