Calvin Smith Law - The Injury Lawyers

Do You Have to Show Ill Will to Prove Wrongful Death in Albany, Georgia?

wrongful death-in Georgia

A lot of people hear the term “wrongful death” and think it involves malice or bad intentions. In reality, all it means is that someone was negligent, and another person died as a result. It is a personal injury case where the victim didn’t survive. That is the simplest way to explain it. Of course, as with any other personal injury case, your Albany lawyer needs to prove your wrongful death case. The big difference is that the case is filed by someone other than that actual victim.

The other thing is that not all wrongful death statutes involve negligence. There are times when the defendant did act in a reckless or criminal manner. The case proceeds in the same manner no matter what. Your Albany wrongful death attorney is going to have to prove that the other party is responsible for your loved one’s death. The facts of the case will dictate exactly how they do this.

It’s also important to know what the statute of limitations is for a wrongful death case. Like many other personal injury cases in Georgia, the statute of limitations is two (2) years. This means that, generally speaking, you have two years from the date of the victim’s death to file suit. And, while this may sound like a long time, it’s not. It can take even the best injury attorney a year to prepare and prove a wrongful death case. You don’t want to wait until the last minute to meet with your Albany personal injury attorney.

How Do You Prove Your Wrongful Death Case in Georgia?

Proving wrongful death is similar to proving any other sort of case. If your lawsuit is based on an intentional, reckless or criminal act, it may be a bit easier to prove the defendant was at fault. For example, if someone shoots your husband during a robbery, it will be very difficult for them to argue that your loved one was at fault. The same is true if someone is driving drunk at 100 mph and smashes into your vehicle. They won’t have a leg to stand on. It can be a bit harder to prove your wrongful death case when it’s based on negligence.

Proving negligence in a wrongful death case is the same as any other case. Your Albany injury attorney will have to prove the following four (4) things:

  • The defendant owed your loved one a duty of care
  • They breached this duty
  • Your loved one died
  • Their death was caused by the defendant’s breach

You’ll notice that this looks strangely like any other case for negligence. That is because it is. The only difference is that, instead of proving injury, you must prove death. And, given the fact that the victim didn’t survive the accident, this won’t be difficult to do.

Who Can File a Wrongful Death Suit in Georgia?

In Georgia, a wrongful death suit can be filed by a family member of the victim. Often times, this is the same person as the administrator of the victim’s estate. The damages that are received are meant to go to the decedent’s estate or immediate family. This is not the time for the family to demand their own personal damages. The person who files the suit is stepping into the shoes of the victim. They are basically demanding the same damages that your loved one could have demanded had they survived their injuries.

Contact a Skilled Albany Attorney to Help Prove Your Wrongful Death Case

Losing a loved one is never easy. But it’s even harder to bear when they were killed in a tragic accident. Your family is going to want justice. At the same time, you need time to grieve. This is why you need an attorney now more than ever. If your loved one gets killed in any sort of accident, call our office right away. Let one of our experienced attorneys review your case and let you know if your family has a claim.

You only have two years to file your wrongful death claim. You should call our office right away and schedule your free initial consultation. Sit down with a compassionate attorney who can let you know how the legal process works. They can also give you an idea of what your case may be worth. The consultation doesn’t cost you a thing. And, you dont pay a dime until your case is settled.

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