Losing a spouse, parent, or child in an accident is an emotionally devastating experience. Georgia law allows families to seek compensation from the person responsible, but you should hire a lawyer to represent you. Contact an Atlanta wrongful death lawyer at Stewart Miller Simmons Trial Attorneys. Below, we highlight key mistakes families make in these cases. To get tailored advice, call our office at (404) 529-3476. We can make arrangements for a free consultation.
Waiting Too Long to Contact an Attorney
Georgia’s statute of limitations applies to wrongful death claims. Typically, a family gets only two years from the date of death to file the lawsuit. Wait too long, and you can lose any capacity to sue the person responsible.
Delay also makes it hard to find useful evidence. For example, witnesses could disappear, so you cannot preserve their testimony about what happened. Other evidence of an accident could wash away from the accident scene.
We realize people are full of grief, but a lawyer can take over the case and preserve critical pieces of evidence. That will allow you to grieve with your family in private, knowing the legal side of things is being handled properly.
Filing a Claim When You Don’t Have the Right
Georgia does not give every family member an equal right to file a wrongful death lawsuit. Instead, the law provides a specific order:
- The surviving spouse has the initial right to file.
- Surviving children may file if there is no spouse.
- The deceased person’s parents may file if there are no surviving spouse or children.
- The estate’s personal representative may file if there are no surviving family members listed above.
Filing a claim when you have no right to will create unnecessary tensions within a family. Also, you could hurt your chances of being successful.
Underestimating the Value of Your Wrongful Death Claim
Few people really understand how much compensation they can receive in a wrongful death case. We have sought damages for the full value of your loved one’s life, which can include things like:
- Lost income (what the deceased would have earned had they lived).
- Lost services provided by the deceased.
- Loss of companionship and care.
We can also see reimbursement for expenses related to the death, such as medical care to treat fatal injuries or funeral costs.
Too many families will agree to a settlement which does not provide fair compensation. You can avoid this problem by hiring a lawyer to review the facts of the case. We can negotiate for fair compensation in a settlement with the defendant or their insurance company. We know how much other wrongful death cases have settled for, and we won’t let an insurer take advantage of you in your grief.
Waiting for Criminal Charges to Be Filed
Most wrongful death cases are based on accidents, but you might also bring a claim based on a crime. For example, a drunk driver could have struck your daughter as she crossed the street. This is a crime, but it can also give rise to a civil wrongful death claim.
One mistake is waiting for the criminal charges to be filed before reaching out to a lawyer. That is a big mistake. The state might delay bringing charges, which could put your wrongful death claim in jeopardy if you go past the statute of limitations.
Of course, there are strategic advantages to letting a criminal case play out first. The state can uncover evidence we might use in your civil case. Nonetheless, call a lawyer quickly. We can file a legal claim to protect your rights.
Failing to Document Critical Evidence
The shock our clients feel can understandably interfere with their ability to pull together a wrongful death claim. However, some evidence should be documented and preserved for use in a legal case. Any delay, no matter how understandable, can compromise your legal rights.
For example, your family member might not immediately die. An injured car accident victim might hang on for a few days before slipping away. If the person can talk, you might write down what they tell you about what happened.
Other critical evidence includes medical records and bills, as well as any witnesses who saw the accident or attack. Try to document everything. Hold onto all records or bills. Stick them in a folder for your legal team to review later.
Thinking about a legal case might be the furthest thing from your mind. We understand. That is one reason to simply reach out to our firm and set up a consultation.
Negotiating Your Own Settlement
A major mistake is trying to handle your own wrongful death negotiations. Family members probably do not have any idea how much their case is worth, so they are negotiating “blind.”
A lawyer can more properly evaluate the strength of evidence. Our team can also estimate what is a fair amount of compensation for the death, especially if you end up in court. Using this information, we can negotiate effectively with the defendant.
Letting Family Disputes Derail Your Legal Claim
A sudden, tragic death can bring out all sorts of family grievances, and siblings might dredge up old animosities. This type of infighting can threaten to undermine a claim. For example, you might delay hiring an attorney in a timely fashion.
Fights can also arise over which lawyer to hire. Call our office. We want to know more about your case, and we can discuss whether our firm’s experience makes us a good fit for your wrongful death claim. We can also provide tips for how to disagree in a productive manner.
Call Our Atlanta Wrongful Death Lawyers for Help
Untimely deaths cause enormous stress. Many people are unable to sleep as they worry about their family’s future. Call Stewart Miller Simmons Trial Attorneys, (404) 529-3476. We will provide more information about the claims process and how much time a case takes to resolve. We can also provide answers to your questions.