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What are things to consider regarding wrongful death lawsuits?

On Behalf of | Oct 11, 2021 | Wrongful Death

Nothing may hurt worse than losing a loved one due to an unexpected and avoidable incident. Accidents could take someone’s life, and such incidents might involve motor vehicles or work-related tragedies. Medical malpractice takes people’s lives in Georgia as well. Survivors may feel incredibly angry over their loved one’s passing, prompting a wrongful death suit. With these lawsuits, some concerns arise.

Issues with wrongful death suits

Certain vital elements might be necessary to bring a wrongful death suit forward. Intentionally killing someone would provide a basis for a lawsuit, and so could accidents. If negligence caused someone’s death, the lawsuit might have merit. When someone dies after getting hit by a drunk driver, the motorist might be liable. So could a doctor whose wrong diagnosis led to someone’s death.

Survivors may need to show financial losses to recover losses related to medical expenses and other incurred monetary responsibilities. That said, suing for pain and suffering or loss of affection might be possible.

Filing a wrongful death suit

A person must have standing to file a wrongful death suit. Spouses and children might have such legal standing, but a distant relative might have trouble with litigation. States have different laws regarding who is entitled to bring such an action.

Many times, liability insurance could cover the losses in a wrongful death suit. Medical malpractice and auto insurance would be two types, but the insurance limits might be lower than what the deceased’s family members seek. Suing beyond the policy limits could be an option. Sometimes, there might be several defendants the family members sue or file claims against.

Potential litigants must be mindful of the statute of limitations. No matter how valid a case might be, the lawsuit cannot go forward if the statute of limitations expires. In Georgia, the statute of limitations is usually two years, but some issues could alter the time.

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