A cause of action that is created by a statute mens that it arises because a law has been passed by the state government. This is the case in wrongful death. When a person is killed as the result of a criminal act, negligence, error or some type of failure to act responsibly, surviving family members may seek compensation in civil court. State statute outlines how these cases proceed and what they entail
To bring a case after a wrongful death, paperwork is filed in the local court. The claim that is filed will be for the full value of the life of the decedent (as worded in the statute). A judge or jury will consider what the person would have contributed to the family financially had they not died.
There are rules regarding who may file a claim. If the person was married, the surviving spouse is the only person legally permitted to file a lawsuit. If the person was unmarried, surviving children may file suit. In some cases, surviving parents also retain this right. Who should file the suit will depend on the living family members.
There is a two year statute of limitations in the filing of a wrongful death claim. This means that a lawsuit must be filed within two years of the date of death. A family member may seek damages for economic damages that arise from the person’s death. This may include medical bills, funeral expenses and lost wages.
If a loved one has died in an accident in Atlanta, you have rights. A qualified attorney can assist you in determining if you have a case and when it should be filed.