The untimely death of a loved one causes unbearable pain. The situation is even more challenging if it comes about due to someone else’s negligence.
In such cases, your family deserves justice, but you don’t have to handle the elaborate legal process by yourself. A LaGrange wrongful death lawyer at Moffitt Law, LLC, is ready to help your family fight for every dollar.
Why Work With a LaGrange Wrongful Death Lawyer at Moffitt Law, LLC?
A loved one’s death brings on a host of tasks and responsibilities, including caring for the estate, closing accounts, making arrangements for child and pet care, and memorializing the deceased. Additionally, you might need counseling and therapy to cope with the loss.
Furthermore, if you have to file a wrongful death claim, you only have a limited time to do so. This process typically involves intense negotiations with insurers for the full amount of damages. That’s where a qualified LaGrange wrongful death lawyer at Moffitt Law, LLC, can help you manage the process so you can focus on your family and recovery.
What Cases Can Qualify for Wrongful Death?
You have a right to sue for damages in any instance where a person breached their duty of care to your loved one and that negligence led to your loved one’s death. Common incidents that can lead to wrongful death include:
- Car accidents
- Pedestrian accidents
- Bicycle accidents
- Workplace accidents
- Use of defective products
- Accidents on a person’s property, such as slip and fall accidents, drowning or a fire
In any of these circumstances, a wrongful death lawyer in LaGrange from our team at Moffitt Law, LLC, can help fight for your case.
What Damages Can You Receive With the Help of a Wrongful Death Attorney in LaGrange, GA?
You can pursue special and general damages in a wrongful death suit and the related estate claim. Together, these form a claim for the full value of the life of the deceased. A LaGrange wrongful death lawyer from our team at Moffitt Law, LLC, can help you sort out how to handle both suits.
Special damages are specific expenses, also called economic damages. Hospital bills, property damage, funeral expenses, medical expenses and lost income are all special damages. You’ll need to produce documentation and invoices to establish the value of these claims.
General damages have no specific dollar cost, but are still a loss. Also called non-economic damages, such losses include the pain, suffering, emotional turmoil, loss of parental guidance, loss of affection and loss of enjoyment of life that the family suffered.
In the estate claim, you can also claim such damages on behalf of your loved one. Get the help of a wrongful death attorney in LaGrange, GA from Moffitt Law, LLC to fight for full damages.
Who Is Eligible to Sue for Wrongful Death?
The right to sue for wrongful death first goes to a surviving spouse. If there is no spouse, then the children can file suit. Surviving parents may do so if there is no surviving spouse or children.
When no near relative is available, the personal representative of the deceased’s estate can bring the case. The court usually appoints such a person, unless estate documents have legally designated someone to this position. Your LaGrange wrongful death lawyer at Moffitt Law, LLC, can help you figure out the appropriate party to bring the suit.
How Do Courts Divide Wrongful Death Settlements?
The court divides the settlement among a surviving spouse and the deceased’s children. The spouse must receive at least a third of the payout. Consequently, if there are three or more children, the spouse will get a third, and the children will receive an equal split of the remaining 66.66%.
Children get an equal division if there is no spouse. If any children preceded the deceased in death, their shares go to the respective surviving grandchildren.
If the deceased left behind no spouse or children, the money goes to the parents. If the parents have died, an executor can file the case and ensure the compensation goes to the next of kin. A LaGrange wrongful death lawyer at Moffitt Law, LLC, can help you manage the claim, no matter your relation to the deceased.
How Many Years Do You Have to Sue for Wrongful Death?
The standard statute of limitations for wrongful death cases is only two years, and that time begins on the date your loved one dies. However, if your wrongful death case is against a local government entity in Georgia, the deadline is shorter to start the claims process:
- Municipal: 6 months
- County: 12 months
- State: 12 months to file a claim, and then 90 days to bring a suit
Additionally, different industries may have shorter timelines on how long they must retain documentation of the incident. Proceeding with the case quickly helps you preserve evidence and not miss the deadline.
How Moffitt Law, LLC, Can Help as Your Wrongful Death Lawyer in LaGrange
You have a right to get justice after someone’s carelessness causes your loved one’s death. You can work with a LaGrange wrongful death lawyer at Moffitt Law, LLC who is ready to outline your options and fight for every dollar. Contact our team today for a free case consultation.