Wrongful Death Lawsuit
Someone’s negligence can have major consequences including death. Whether it be because of medical malpractice, truck or pedestrian accident, or negligence on the part of a hospital or nursing home, the family of the deceased is able to bring a wrongful death lawsuit against the negligent party.
Negligence can occur in many forms. It can include defective devices, hospital or nursing home negligence, medical malpractice, or auto accidents. For example, if your loved one was admitted into the hospital for a minor problem and a representative of the hospital such as a nurse, or technician, fails to double check medication allergies and administers the wrong type of drug, this can result in their death. The hospital will be held liable for the medical mistake that was made. In another scenario, if your loved one has been placed in a nursing home and staff members have been withholding food, or failing to treat pressure sores correctly causing a deadly infection, the patients family would have a right to file a lawsuit against that nursing home for negligence.
It used to be widely held that a lawsuit couldn’t be brought against an entity such as the ones listed above because the deceased person would have to bring the lawsuit. However, loved ones are now allowed to bring suit against those who are negligent and seek compensation for lost income and loss of earning potential, medical expenses, funeral expenses, compensation for the decedent’s pain and suffering and the pain and suffering experienced by the surviving spouse, children, and other family members. The remaining family may also become bogged down in other legal matters such as the deceased estate, death benefits and other litigation that is directed at settling portions of the estate.
Wrongful death lawsuit cases have a statute of limitations or a set amount of time that the case can be brought before the court. The statute of limitations for wrongful death lawsuits cases is 2 years from the date of death in Georgia. You must file your suit within this period of time. If not, you lose your right to file a lawsuit. If the lawsuit to be filed is against a government entity or municipality in Georgia, the statute of limitations is shortened to to as little as 6 months.
Navigating legal waters alone can be confusing and overwhelming. Your attorney will know exactly what needs to be filed and what evidence needs to be presented in order to get the compensation that you and your family deserve. Be aware, that insurance companies
will be looking to settle your case as quickly and as cheaply as possible. Insurance adjusters work for the insurance companies, therefore, never make a deal with any type of insurance company without your attorney being notified first.
Losing a loved one is a stressful and emotional time, especially if they are lost suddenly because of factors that could possibly have been prevented. Attorney Skip McManes is an experience and compassionate personal injury attorney who has worked with many families who have experienced loss such as this. He is ready to win your case and get the compensation that the family deserves. We treat your case with personal care and you will be informed about everything going on in your case in a timely manner.
Contact Skip McManes at McManes Law via our website or via telephone at (770) 645-8801, Toll Free at (866) 612-2481. McManes Law offers free consultations and can discuss your case with you in order to guide you in the right direction with your Wrongful Death Lawsuit.