404-636-4900 Filing a wrongful death claim in Georgia involves several steps and requires attention to detail to ensure the claim is properly handled. Below is a general overview of the process.
Steps to File a Wrongful Death Claim
- Determine Eligibility: First, an attorney will identify if you are eligible to file a wrongful death claim in Georgia. This typically includes the deceased person’s spouse, children, parents, or the executor of the estate.
- Consulting Deeper with an Attorney: Wrongful death claims can be complex, and Georgia law has specific requirements and deadlines that must be met. It’s highly recommended to consult with an attorney at Deming Law because we specialize in wrongful death cases in Georgia. We’ll provide you with guidance, help you understand your rights, and ensure that your claim is filed correctly and on time.
- Investigate the Death: Your attorney will likely conduct a thorough investigation into the death of your loved one. This may involve gathering evidence such as medical records, police reports, witness statements, and any other documentation that can support your claim that the death was caused by another party’s wrongful actions.
- Determine Damages: Alongside our attorney, you’ll need to determine the damages you are claiming, which can include both economic and non-economic damages, such as lost wages and benefits, medical and funeral expenses, and the value of the life of the deceased.
- File the Lawsuit: Once you have gathered all necessary information and determined the damages, your attorney will prepare and file a complaint in the appropriate court. The complaint will outline your relationship to the deceased, the facts of the case, the parties you believe are responsible, and the amount of damages you are seeking.
- Proceed Through Litigation: After the lawsuit is filed, the case may go through various stages, including discovery (exchange of information between parties), negotiations, and possibly a trial. Many wrongful death claims are settled out of court, but some do go to trial if a settlement cannot be reached.
- Comply with Statute of Limitations: It’s crucial to file your wrongful death claim within Georgia’s statute of limitations, which is generally two years from the date of the deceased person’s death. Failing to file within this period may result in losing the right to sue.
Each wrongful death case is unique as you can imagine, and the specific steps in your case may vary due to the circumstances. An experienced wrongful death lawyer in Atlanta, GA at Deming Law will provide tailored advice and representation throughout the process to help you seek justice for your loved one.
What is the Statute of Limitations for Wrongful Death Claims in Virginia?
How Deming Law Can Help You File a Claim
Deming Law can help you and your family with legal guidance and 40 years of expertise. Our law firm can provide invaluable assistance to a family navigating the aftermath of a loved one’s untimely death due to someone else’s negligence or wrongful act. We play a crucial role in alleviating the legal and financial burdens on a family during a profoundly difficult time, striving to secure justice and financial stability for the future.
The process to file a claim can be overwhelming, but we are here to help and walk you through each step of the process. Contact us today for a free consultation to learn more about how we can help.
