Losing a family member is emotionally devastating. With catastrophic accidents, there is no time to prepare for their death. It happens unexpectedly and often leaves families struggling to cope with extreme distress and excessive financial losses. If you are ready to demand justice for your loved one’s death but are unsure of where to begin, look no further than the legal support of a compassionate wrongful death lawyer at Marc Brown Law Firm.
With a highly experienced personal injury attorney in Jonesboro handling your legal claim, you can mourn your loss without the pressure of litigation resting on your shoulders alone. We work for you on contingency so you are not jeopardizing your family’s personal finances to hold the liable party accountable. Request a 100% free consultation today to learn more about whether you have grounds for a wrongful death action and which wrongful death laws could have the greatest influence on your case.
Will the At-Fault Party Face Criminal Charges?
Your wrongful death attorney in Jonesboro with Marc Brown Law Firm will be responsible for handling your civil claim against the individual or entity who caused your family member’s death.
This party may face criminal charges if they violate state or federal laws under the Georgia Criminal & Traffic Codes. If the prosecutor decides to move forward with criminal charges, it may take longer to resolve your wrongful death lawsuit while law enforcement officials conduct their investigation.
Who Has the Authority to File a Wrongful Death Action in Jonesboro?
You may be anxious to get started with your wrongful death claim, but before you do, you need to make sure you have the authority. Typically, the decedent’s surviving spouse will have the right to file the wrongful death action according to Georgia Code 51-4-2. However, not every decedent will have a surviving family member. If this is the case, their adult children will have the authority to file the lawsuit. Even in the event that it is a Jonesboro car crash lawsuit for a fatal injury.
If the decedent does not have adult children, their surviving parents or the administrator of the decedent’s estate will need to file the lawsuit. However, any damages awarded will go to the benefit of the decedent’s next of kin, no matter who filed the lawsuit, according to Ga. Code § 51-4-5.
How Long Do I Have to Decide to File a Wrongful Death Claim?
It depends on the specific details of your case. If the decedent’s estate has not been through probate in accordance with the Uniform Probate Court Rules, the statute of limitations may pause for as much as five years from the decedent’s death per Ga. Code § 9-3-92. However, if your loved one was killed in the commission of a crime, the statute of limitations would pause until law enforcement officials have completed their investigation or as much as six years from the date of the decedent’s death in accordance with Ga. Code § 9-3-99.
Generally, the statute of limitations for wrongful death lawsuits will expire two years from the date your family member passed away, according to Georgia Code § 9-3-33. Failure to file an action before then may make it impossible for you to recover the compensation your family is entitled to in court.
Trust in a Trial-Tested Jonesboro Wrongful Death Attorney
When someone else’s intentional malice or misconduct causes your loved one’s death, they should be held accountable to the fullest extent of the law. The at-fault party should be ordered to compensate your family for every single loss and provide additional restitution for the death of your cherished loved one. With help from a dedicated Jonesboro wrongful death lawyer with Marc Brown Law Firm, your family can take action.
In some instances, we may be able to recover a portion of your losses by recovering an insurance settlement, as is often the case with medical malpractice fatalities. However, if the at-fault party is uninsured or the insurance company does not compensate your family for every loss, moving forward with the wrongful death lawsuit may be in your best interests. We can discuss the specifics of your legal claim further when you contact our office to request a free, no-obligation consultation. Fill out our secured contact form or call us to get started today.