Finding out that your closest family member has been killed can leave you feeling destroyed emotionally. You may be deeply mourning your loss and unsure of how you will move forward with your life. It is not unusual for surviving family members to find their grief turn to rage when they discover their loved one’s death was preventable.
Fortunately, you do not need to go through this difficult time alone. Contact a compassionate Albany wrongful death attorney from Marc Brown Law Firm to discuss opportunities for legal recourse. You can request a free consultation to find out more about wrongful death actions, discuss potentially recoverable damages, and find out how to win your case in civil court.
What is a Wrongful Death?
A wrongful death is any type of death that occurs due to someone else’s misconduct, negligence, or intentional act according to OCGA § 51-4-2. For example, if your loved one went in for surgery and their healthcare provider made a medical mistake, you may have grounds for a fatal medical malpractice lawsuit. If your loved one was involved in a slip-and-fall accident, motor vehicle wreck, or was killed due to a product or device malfunction, filing a wrongful death action may be the best way for you to demand justice.
If someone intended to harm or kill your family member, you may be able to name them in your wrongful death lawsuit. The intent is irrelevant in wrongful death claims. If one party is directly or indirectly responsible for the death of another in a motor vehicle accident, they can be ordered to compensate the Albany car accident victim and their surviving family for damages in full.
Can I File a Wrongful Death Lawsuit in Albany?
Only specific parties have the authority to file a wrongful death lawsuit in Albany. According to Georgia Code 51-4-2, the following parties can pursue a wrongful death action, in this specific order:
- The decedent’s surviving spouse
- The decedent’s adult children
- The decedent’s surviving parents
- The representative of the decedent’s estate
How Long Do I Have to File a Wrongful Death Lawsuit?
Georgia law under Georgia Code § 9-3-33 requires wrongful death lawsuits to be filed within two years of the decedent’s death. However, if the decedent was killed during the commission of a crime, surviving family members will have until the investigation is completed or up to six years from the decedent’s death to file a lawsuit under Ga. Code § 9-3-99. Additionally, the statute of limitations can be tolled for up to five years if the decedent’s estate has not been through probate under Ga. Code § 9-3-92.
Contact a Dedicated Wrongful Death Lawyer in Albany for Help Today
It does not matter whether the individual or entity who caused your loved one’s death did so accidentally or intentionally. If it was not for their actions, your treasured loved one may still be alive today. You can demand justice on your family member’s behalf when you contact an experienced Albany wrongful death attorney from Marc Brown Law Firm.
Depending on the circumstances of your case, we may be able to avoid going to trial if the defendant is willing to compensate you out of their own pocket or has insurance coverage, as we often see in fatal medical malpractice cases. However, if it becomes necessary, we are not afraid to advocate for your family’s rights before a judge in civil court. Fill out our secured contact form or call our office to schedule your free, no-obligation consultation today.