The Tragic Aftermath and Legal Remedies: A Guide to Wrongful Death Claims in Duluth

Sourced Photo
Sourced Photo

The unspeakable sorrow of losing a loved one in a tragic accident is something no family should have to endure. Beyond the emotional devastation, there’s often a financial weight that burdens the family. If there’s a belief that someone’s negligence played a role in this loss, it opens the avenue for a wrongful death lawsuit.

Through this guide, we seek to provide a deeper understanding of wrongful death claims and underscore the significance of a proficient Duluth wrongful death attorney, such as those at Rafi Law Firm.

Understanding Wrongful Death Claims

A wrongful death claim is not a straightforward process. Initiating one requires careful drafting and filing, primarily with the concerned party’s insurance company. It’s vital to comprehend that wrongful death claims consist of two distinct claims: the “estate claim” and the “full value of life claim.” Given the complexities involved, it’s beneficial to know the critical aspects.

  1. Eligibility to File

According to the Georgia Code, potential filers of a wrongful death lawsuit include:

  • The deceased person’s spouse.
  • In the absence of a spouse, the deceased’s children.
  • If neither spouse nor children are present, then the parents of the deceased.
  • If none of the above, the deceased’s siblings.

However, remember, the estate claim is distinct from the wrongful death claim, where only the executor of the deceased person’s estate has the right to file.

  1. Time Matters – The Statute of Limitations

Time is of the essence. Typically, a wrongful death claim must be initiated within two years of the tragic event. But exceptions exist. It’s always recommended to consult with a Duluth wrongful death attorney for the specifics of your case.

  1. Paths to Compensation: Settlement or Verdict

Compensation in a wrongful death claim can be through a settlement or a court verdict. While settlements are negotiated outside of court, a verdict is the decision of a jury or judge after a lawsuit.

As to how compensation is divided, Georgia law has clear provisions:

  • A spouse without children receives the entirety of the settlement.
  • If children are involved, the spouse receives one-third, with the remaining amount distributed among the children.
  • Without a spouse or children, parents share the compensation equally.

Though it may seem intricate, having a seasoned wrongful death lawyer ensures smooth navigation through this legal maze.

Success Stories: Rafi Law Firm’s Achievements

The Rafi Law Firm’s dedication to justice is exemplified through its outstanding track record. A glimpse at some of Mike Rafi’s recent accomplishments reveals settlements and verdicts amounting to millions, showcasing the firm’s commitment and expertise.

Criteria for Wrongful Death in Georgia

The Wrongful Death Act of Georgia states that wrongful death occurs when a person’s life is taken due to another individual or company’s wrongdoing. The objective of a claim is to financially place the family as close as possible to the position they would have been in had the tragedy not occurred.

Compensations in Wrongful Death Cases

Wrongful death suits in Georgia are categorized as estate claims and full value of life claims, each bearing distinct compensations. While estate claims cover expenses between the injury and the death date, including medical bills and funeral costs, the “value of life” claim divides into economic and non-economic damages. Economic damages consider the potential earnings and household responsibilities of the deceased. Complex computations involving inflation and the time value of money come into play, emphasizing the crucial role of an attorney.

Why a Duluth Wrongful Death Attorney is Indispensable

Choosing an attorney during this grievous time alleviates the logistical stress of gathering evidence and crafting a robust claim. Furthermore, the expertise of a Duluth wrongful death attorney, such as those at Rafi Law Firm, ensures the attainment of the rightful compensation. Their proficiency in negotiations, coupled with their contingency-based fee system, ensures aligned interests and optimal outcomes.

Rafi Law Firm: An Ally in Your Fight for Justice

Navigating the aftermath of a tragic loss is challenging. But remember, the Rafi Law Firm, with its client-centric approach, is ready to support and guide you every step of the way. For specialized counsel and unwavering commitment, reach out to them at (404) 800-9933. Your path to justice begins with a call.

Share this article

(Ambassador)

This article features branded content from a third party. Opinions in this article do not reflect the opinions and beliefs of Artist Weekly.