Experienced Attorneys Seeking Justice In Wrongful Death Claims
Wrongful death is always a tragic circumstance. It can leave families reeling, especially when the death was the result of someone else’s wrongful actions. While you and your family members grieve the loss of a loved one, you may sense the injustice of what occurred. A wrongful death lawsuit is one way to obtain justice for your loved one.
At Glenda Mitchell Law Firm, our wrongful death attorneys understand how devastating this experience is for you and your family. Attorney Glenda Mitchell has spent her entire legal career helping people who have been hurt due to the negligence of others, and all our team members share her commitment to getting fair compensation in accidental fatality claims.
When Is A Death Considered Wrongful?
The wording of each state’s wrongful death law is different, but they all boil down to the same thing: Any death caused by the negligence, carelessness or wrongful act of another individual or business is considered a wrongful death.
Because our lawyers are experienced in representing families in Georgia, South Carolina and Alabama, we are familiar with the differences in each of these states’ wrongful death statutes. While they are similar in many ways, they differ in the details and those details are important.
One of the most common wrongful death examples is car accident fatalities. These may involve someone being killed due to another driver speeding, driving recklessly or driving while under the influence of alcohol. Just as the injured survivor of this type of car accident can file a personal injury lawsuit, the surviving family members can pursue a wrongful death lawsuit in the event of a death.
Why file a wrongful death lawsuit? Families often want justice. They also want to prevent future occurrences of the type of incident that led to the wrongful death of their loved one. Families may also deserve to recover financially for the loss of income and support that typically goes along with the loss of a loved one, not to mention funeral expenses and hospital expenses. A wrongful death lawsuit can help to do all of these things.
Who Can File A Wrongful Death Lawsuit?
The family of the deceased brings a wrongful death lawsuit in most cases.
In Georgia, the surviving spouse has the right to file a wrongful death lawsuit. If there is no surviving spouse, the deceased’s child or children may file the lawsuit. If the deceased was a minor, the child’s parent or parents may file the lawsuit.
In South Carolina and Alabama, the personal representative or executor of the deceased’s estate has the right to file a civil suit for wrongful death. More often than not, the personal representative or executor is the spouse or a child of the deceased.
Our lawyers can help you determine whose name to file the lawsuit under. We can also help you and your family understand how the wrongful death case will relate to the probate and estate administration process, and answer settlement-related questions about who gets the money in a wrongful death lawsuit.
What Is The Statute Of Limitations In Wrongful Death Cases?
States have differing statues of limitations that govern how much time you have to bring the wrongful death lawsuit. In Georgia, it is typically two years unless a death was caused by a motor vehicle accident where the at-fault driver committed a violation of a traffic regulation or criminal code. Then you may have up to six years. In Alabama it is also typically two years, while in South Carolina it is typically three years.
While these time limitations differ, you should nonetheless keep in mind that acting quickly to pursue a wrongful death claim is your best strategy to obtain justice and compensation for your loved one. Negligent parties are likely working to build their defense to deny your claims, pain and suffering and any responsibility. Speaking with our wrongful death lawyers as soon as possible allows us to gather the evidence necessary to bring your case.
Free Consultations About Fatal Accident Claims
Call us as soon as you can after a wrongful death has occurred and before evidence is lost. We offer free consultations.
You can also reach us by completing our convenient online form.