Are You Suing For Wrongful Death In Georgia?
Considering these factors will play a major role in the success of your claim.
Mourning the death of a loved one is devastating, especially if their passing could have been avoided. In cases like this, it is important to evaluate the legal options available to you. While seeking a wrongful death claim on behalf of your loved one will never replace them, it can at least offer the surviving family financial comfort – and provide a degree of legal accountability.
A wrongful death lawsuit has many layers and steps involved. If your loved one was killed at the hands of negligence or maliciousness, it is likely that you have a valid claim to pursue. By speaking with a wrongful death attorney about your situation, you will have access to the legal resources necessary to make clear and informed decisions about your case.
The Most Common Types of Wrongful Death Cases In Georgia
There are many ways in which a wrongful death can transpire. The world can be a dangerous place, and unfortunate accidents happen all the time. In the state of Georgia, there are several common types of wrongful death cases that occur. These include:
- Car and Truck Accidents
- Motorcycle Accidents
- Pedestrian, Bicycle, and Scooter Accidents
- Workplace Accidents
- Medical Malpractice
- Shootings and Violent Crimes
These are all examples of situations where death can be caused by another individual’s wrongful actions. These actions can be careless, reckless, or intentional. In cases where a homicide occurs, Georgia law permits a person who acts in self-defense or a police officer who acts in the line of duty to prevent others from harm to use deadly force. Under these specific circumstances only is intentional wrongful death permitted.
Contrarily, if a high-speed vehicle was driving without regard to the safety of others around them and kills a person, they are likely responsible for the wrongful death of that individual.
Determining whether the facts of a situation support a wrongful death claim can be challenging and complicated. With the experience that a can offer, you can be confident that all aspects of your case are carefully considered before you proceed with legal action.
How Do You Prove Wrongful Death?
There are four components of a wrongful death claim. These elements are:
- Duty
- Breach of Duty
- Causation
- Damages
In order to rightfully sue for wrongful death, the deceased must have been owed “due care” from the defendant. If it is determined that this duty was breached which subsequently caused the death of the decedent, the defendant could certainly be held liable.
Proving these components takes sufficient evidence and legal documentation. If the plaintiff is able to verify that the deceased did indeed suffer these damages, the defendant will be responsible for the restitution of the case.
Proving and winning a wrongful death lawsuit greatly depends on how it is tried in court. With this in mind, working with a wrongful death compensation lawyer is critical to the success of these legal actions.
How Long Does It Take To Settle Wrongful Death Claims?
The timeline of a wrongful death claim varies from case to case. Depending on the nature of your situation, this type of lawsuit can take anywhere from months to years – although most cases are typically solved fairly quickly. The average timeline for personal injury cases to be settled is approximately 17 months. Keep in mind, however, that this is a general time frame and not a one-size-fits-all scenario.
Giannini Law Office: Lawrenceville’s Go-To Law Firm For Wrongful Death Claims
Are you pursuing a wrongful death claim in Gwinnett County? Our firm is prepared to offer our proven legal strategies to your case.
Giannini Law offers our clients more than 21 years of expert legal experience. No matter what your case may look like, a wrongful death compensation lawyer from our firm will do whatever it takes to ensure that you receive effective and assertive legal representation.
Your Legal Success Is Our Top Priority
If you reside in the greater Lawrenceville, GA area and are thinking about pursuing a wrongful death lawsuit, get started with a proactive legal plan today. To schedule a free initial consultation, please do not hesitate to contact the Giannini Law office at your convenience.
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(770) 637-5505