Wrongful Death Overview

Wrongful Death Overview

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Another legal article by the Atlanta, Georgia wrongful death attorney.  In this article, we will go over statute of limitations, discovery issues, damages, types of damages, proper parties in litigation, settlements, verdicts, and more.   The first topic is Statute of Limitations.

Wrongful Death Overview: Statute of Limitations

Satatue of limitations are deadlines on litigation cases.  That means that if litigation is not properly started before certain dates then your case cannot be brought.  That is very important to any and every case in the United States, but your concern, Georgia.  I intend to go into this with a separate article, but for now just think that there are two different limitiations.  One is one year, and the other is two years.  HOWEVER, for your purposes, you are to call a wrongful death attorney within days if not weeks after the loss.  Why would you wait?  That does not make sense.  The insurance companies has teams of lawyers that will argue that injuries to the decedent are less.  Their wrongful death lawyers will defend the lawsuit against the plaintiff, you.  The family members’ claim for monetary damages will be highly contested about either negligence or damages.  You need a law firm with experience.  As a wrongful death lawyer that has experience filing wrongful death claims, call me today.

Georgia Wrongful Death Overview: Damages

So, what are damages in Georgia wrongful death cases?  First, and most important in most wrongful death cases, are the lost wages over the lifetime of the deceased.  This equates to years and decades of missed work.  Even at low wage numbers, theses figures are usually substantial.

In Georgia under the Georgia Wrongful Death Act, the jury is allowed to compensate for the value of the life lost from the deceased perspective.  This allows the jury to allow large verdicts even if the person who passed away did not make much money, for example.  This allows the jury some leway to award higher verdicts when they are called for and appropriate.

Wrongful Death Overview: Settlements & Verdicts in Fatality Lawsuits

Continuing with our wrongful death overview, a verdict is the decision of the jury after all of the evidence has been presented and deliberation.  A jury returns a verdict which is their answer.  In the context of theses types of Georgia personal injury cases, verdicts will be quite large or very small.  Why?  The trial may likily be about liability not damages.  What I mean is that they are fighting over who was really at fault.  If the defendant is not at fault, then there is no recovery. If they were negligent, then their insurance company is about to pay hundreds of thousands if not millions of dollars.  Therefore, much litigation in this area is about liability.  Attorneys can usually settle cases about damages, but settling cases about liability makes it more difficult because both sides do not want to give.

If you have had a loved one killed because of someone, call me personally right now.  I work with only a handful of clients at a given time to provide proper and thoughtful legal representation.  In these types of cases, you should not have to work with a paralegal.  Work with me, Joseph P. McClelland, personally to understand the full view of the Georgia wrongful death overview. 

If you need more information wrongful death, call my office at 770-775-0938.