Columbus Wrongful Death Lawyer
Losing a loved one is always a tragic and challenging experience, leaving a widespread impact on you and your family. However, if his or her death was unexpected and due to another person’s careless or malicious behavior, you may wish to speak with a compassionate Columbus wrongful death lawyer.
While no amount of compensation can bring them back, a successful claim could help to ease your financial strain so that you can focus on spending time with your family. Instead of navigating the claims process alone, however, a steadfast and hard-working personal injury attorney could guide you through each step.
Who Can File a Wrongful or Untimely Death Claim in Columbus?
In accordance with The Official Code of Georgia Annotated §51-4-2, a decedent’s spouse or children may bring forth a wrongful death claim for the death of a spouse or parent. The Official Code of Georgia Annotated § 19-7-1(c) dictates that in the death of a child, the spouse of the child can bring the claim, or if there is no spouse, a parent can bring the claim. However, in instances where a decedent does not have any surviving family, the representative of his or her estate is permitted to move forward with a claim.
Regardless of who wishes to take legal action, however, Georgia places a two-year time limit from the date of death wherein a person may file a claim. While there might be exceptions to this timeframe, a proactive Columbus wrongful death lawyer could work to file a claim that satisfies the statute of limitations.
Common Reasons for a Wrongful Death Claim
A claim based on wrongful or untimely death can occur from a variety of circumstances, such a fatal automobile or motorcycle crash or the error of a doctor. Other common instances of untimely death can be the result of an unsafe work environment, a collision with a tractor-trailer, or even a deliberately malicious act.
Successfully Proving a Wrongful Death Claim
A successful claim for compensation on the legal basis of negligence must first prove the necessary elements of a wrongful death claim. These elements include the duty of care, breach of duty, causation, and damages.
Duty of Care
This legal tenet refers to the obligation that each individual or entity owes toward others around them—and, specifically, the duty owed to the decedent. For example, every driver has a responsibility to obey road signs and operate the vehicle safely and reasonably.
Breach of Duty
After a duty of care is established, it must then be shown that the wrongdoer breached this duty. Continuing the example of a driver on the roadways, a breach of duty may be neglect to adhere to a stop sign or driving while intoxicated.
Causation
Lastly, it must be proven that a wrongdoer’s breach of duty led to an accident or incident that resulted in the decedent’s death. Establishing this can be difficult, especially for a person lacking legal representation.
Damages
While obvious, a wrongful death case must include a death. In addition to the full value of the life of the deceased person, a person bringing a wrongful death claim can recover for the deceased’s pre-death pain and suffering, burial expenses and medical bills.
How a Columbus Wrongful Death Attorney May Help
Not only is the death of a loved one tragic and emotionally devastating, but the resounding financial and psychological impact may leave a family feeling overwhelmed and unsure of how to proceed. However, if his or her passing was due to another person’s negligence, you have a right to seek justice and compensation with the help of a Columbus wrongful death lawyer.
A successful claim can provide compensation for the decedent’s lost earnings, as well as the expenses for funeral costs and associated medical bills. Whenever you feel ready, reach out to a caring and steadfast injury attorney.
