Georgia has seen numerous wrongful death cases resolved in recent years. Some of those cases are outlined below:
All of these situations outline scenarios where families lost loved ones, usually due to neglect or problems that should have been addressed before any deaths occurred. Many were situations where the issues could have been addressed in a timely manner. A wrongful death lawyer can help the family deal with the aftermath of an unexpected loss and determine the best way to approach filing a wrongful death suit. The choice to work with a wrongful death attorney means you are prepared to see the matter through court proceedings to gain closure and some form of justice for your loved one, who did not deserve to be neglected or to deal with the pain that ultimately led to an avoidable death.
Sudden death, particularly in a situation that no one could predict, is difficult to process. When the death is associated with everyday activities, a result of a facility that should be trustworthy and watching out for residents or due to negligence or outright disregard for human life by another individual, that death is more difficult to accept. A wrongful death lawyer can help you determine if legal action should be taken to seek justice for your loved one.
Clayton Cain has a law office in Lawrenceville, GA. He offers experienced legal counsel to anyone who may be considering a wrongful death lawsuit. As a wrongful death lawyer, Cain provides information and assistance on the procedures and necessary deadlines of the case. Cain Injury Law is ready to fight for you and your loved ones after suffering a terrible loss. Get the fighter you need by hiring the aggressive lawyers at Cain Injury Law. Hiring a wrongful death attorney like Cain provides the benefit of experience and knowledge of the process that other attorneys can not provide.
Cain serves all of Gwinnett County, GA. Cain handles cases for individuals in the area of Snellville, Grayson, Dacula, Buford, Duluth, and Norcross. He assists with wrongful death cases that include the following scenarios (among others):
Georgia State Law defines “Wrongful Death” as a death caused by the negligent, criminal, intentional or reckless behavior of another individual. Nolo.com also indicates that a wrongful death suit in Georgia has two different types of wrongful death claims. The first is the “full value of the life of the deceased,” which includes loss of companionship to those left behind and intangible benefits those individuals provided to loved ones. It also includes wages and benefits that person could potentially have earned.
The second type of claim is to remedy financial losses as they relate to the death of the individual. For example, medical expenses, funeral expenses and the pain and suffering of the family members that was caused by the wrongful and unexpected death of their loved one are all covered under this claim.
This type of claim is filed on behalf of the estate of the deceased individual. The claim can be filed up to seven years after the death of the individual if the estate is not probated.
In general, wrongful death suits should be filed within two years after the death of the individual. This is per Georgia’s statute of limitations for a wrongful death case. However, if there is a criminal case related to the death, the statute of limitations is suspended until the criminal case is resolved. This means that the “clock” on the two-year statute of limitations begins running again on the day that the criminal case is completed. Family members still have some time to prepare and make decisions related to the case before filing, even if the criminal case dragged out for several years.
According to Georgia state law, in the event of death, the surviving spouse can file an action for wrongful death. The children can file if there is not a surviving spouse to file the wrongful death suit.
Meanwhile, all money received as a result of the action will be shared between the spouse and surviving children. How the money is shared depends on the number of surviving children. For example, with three or more surviving children, the spouse gets one-third of the money received, and the children equally share the remainder of the money.
In an interesting sub-section, it is noted that the spouse can choose to release the guilty party from responsibility for causing the death, and this can be done without approval from the surviving children. Working with a wrongful death attorney helps the family to understand the various legal statutes and subsections that may be confusing in situations where everyone is highly emotional.
A wrongful death lawyer can help the family determine if they feel there is enough evidence to file a wrongful death suit. The lawyer can also help determine how to pursue legal action, who needs to file depending on who is surviving the lost loved one and helps to make sure deadlines are met during the filing and court proceedings.
Hiring a wrongful death lawyer is important to ensure the proper handling of a wrongful death case. Below are five different types of wrongful death cases that are regularly filed in the state of Georgia
Medical Malpractice: Medical professionals, including doctors, nurses and others in the field are expected to handle crises and save lives. Failing to act when necessary or negligence in the face of injury or medical issues can lead to death. When that occurs, legal action can be taken. If there are questions or concerns, the best approach is to get in touch with a wrongful death lawyer.
Motor Vehicle Accidents: Defects in the vehicle that lead to crash and death or negligent driving by another party that causes death, are both common reasons to file wrongful death cases related to motor vehicles.
Work Place Accidents: Construction and health care are common fields where accidental injury and death can occur. Using faulty equipment, reacting poorly due to insufficient training, working in an unsafe environment or not knowing the correct safety procedures are all situations that can lead to death in the workplace. These are all grounds for wrongful death cases.
Nursing Home Abuse: If there is suspicion of neglect or abuse that led to the death of a loved one in a nursing home, it is very wise to contact a wrongful death lawyer. These cases can be emotionally exhausting and difficult to process. Legal counsel is essential to handling the entire process appropriately.
Defective Product Liability: Products are sold to be used for a specific purpose. If the product is used for that purpose and ends up causing the death of the user, it is necessary to pursue legal action against that company. Responsibility must be taken.
Each year, numerous situations are reported to the Occupational Health and Safety Administration, or OSHA. Upon receiving reports of unsafe work conditions or other violations, OSHA sends in representatives to investigate. In 2015, OSHA statistics reported the following:
OSHA also keeps track of the number of inspections completed at job sites and the most common standard violations that are recorded. In 2016, 31,948 federal inspections were completed, and 43,105 state plan inspections were completed. During those inspections, the top 10 standards violations found were:
A wrongful death lawyer can help you pursue cases where OSHA violations occurred, where inspections were done, and nothing was addressed, or clear violations of OSHA standards occurred and led to the death of your loved one.
Clayton Cain’s law office serves all of Gwinnett County, GA. He handles cases for clients in Snellville, Grayson, Dacula, Buford, Duluth, and Norcross. Cain is a wrongful death lawyer who can help the family gain closure in one of the most traumatic events they have had to face. Let the aggressive team at Cain Injury Law fight for you today!