Losing a loved one is never easy. This pain is compounded if your loved one’s death was the result of negligence or ill intent by another person or entity. Filing a wrongful death lawsuit can help you collect monetary damages for your pain and suffering and for the lost income of your loved one.
If you’re considering filing a wrongful death lawsuit in Georgia, here are the things you should know.
How Does Georgia Define “Wrongful Death”?
In the state of Georgia, wrongful death is defined as follows:
(1) “Full value of the life of the decedent(the individual who passed away), as shown by the evidence” means the full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived.
(2) “Homicide” includes all cases in which the death of a human being results from a crime, from criminal or other negligence, or from property which has been defectively manufactured, whether or not as the result of negligence.
Negligence is generally defined as failing to show reasonable care when there is a duty to do so.
Can You File a Wrongful Death Lawsuit?
The state of Georgia has specifications about who can file a wrongful death lawsuit.
If you are the spouse of the victim of the wrongful death, you may bring a wrongful death suit against the negligent party. If you and the deceased had minor children together, the suit will also represent the interests of those children.
Sometimes, a victim of a wrongful death has no spouse. In these cases, the parents of the victim may bring a wrongful death suit against the negligent party.
If there is no spouse or parent, a representative of the deceased’s estate may bring a wrongful death lawsuit to court. In this instance, all damages received from the suit would be held by the deceased’s estate.
When Can You File a Wrongful Death Lawsuit?
The statute of limitations for filing a wrongful death lawsuit in the state of Georgia is two years after the victim’s date of death.
In some cases, the timer for the two-year limit is paused.
For instance, if there is an ongoing criminal case surrounding the wrongful death, the two-year time limit for the wrongful death lawsuit is on hold until the case is completed.
If you’re considering filing a wrongful death lawsuit in the state of Georgia, it’s important to have a lawyer who is knowledgeable and compassionate.
Lonati Law Firm can help you navigate the complicated process of filing a wrongful death suit in Georgia.Contact us today to learn more.
If you’ve recently been injured in a car accident, were attacked by a dog, or were injured due to the negligence of another person, you may have questions about personal injury law.
Your suffering deserves to be acknowledged. Often, the right lawyer can help you build a legal case for being monetarily compensated for it.
But personal injury law isn’t as straightforward as it sounds.
Let’s talk about some of the specifics of this legal term, and how it may apply to your situation.
1. Personal Injury Cases Are Brought By Individuals
Unlike many criminal cases (which are brought by the government), personal injury cases are brought by an individual, also known as the plaintiff.
The plaintiff will file a formal complaint against the business, corporation or person whom the plaintiff deems responsible for the accident that caused them harm.
It’s important to understand that you are responsible for filing a personal injury lawsuit so you can collect the money you deserve.
Personal injury uses the legal term ‘tort’ which refers to a wrongful act that causes harm, whether physical, mental or otherwise, to an individual.
2. What Are Compensatory Damages?
“Compensatory damages” refers to money awarded to a plaintiff in a personal injury case to compensate him or her for the losses incurred by their injury. This type of damages is awarded in civil cases.
3. What Are Intentional Torts?
An “Intentional tort” refers to a wrongful act that was done intentionally to one individual by another individual. It covers things like battery, assault, false imprisonment, and fraud.
The “intention” aspect of this category of tort does not refer to the offender’s intent to harm; rather, it refers to their intent to complete the act which ultimately caused the harm.
4. What Is Negligence?
Most personal injury cases are based on “negligence”.
Negligence is a type of tort that applies when an individual is harmed by someone else acting irresponsibly or carelessly.
There are four parts of negligence:
1) Duty: An individual, the Defendant, has a duty to exercise reasonable care towards others.
2) Breach: The Defendant breaches that duty by some act or omission.
3) Damages: As a result of the act or omission, the Plaintiff suffers an injury.
4) Causation: The injury to the Plaintiff is a foreseeable consequence to the Defendant’s act or omission.
Slip-and-falls, car wrecks, dog bites, medical malpractice, and pedestrian accidents are a few examples of negligence.
Do you have questions about your personal injury case? It’s important to talk to a trustworthy personal injury lawyer so you can prepare to fight for what you deserve.
Lonati Law Firm is one of Georgia’s leading personal injury law firms.=Contact us today to learn more or schedule a free consultation.
If you ride a motorcycle in Georgia, you're not alone.
Georgia is one of the top 15 states when it comes to registered motorcycles, as there are nearly 200,000 here. As thrilling as these amazing vehicles can be, they can also be dangerous, especially when another driver hits you with a car.
If this ever happens to you, it's important that you know your rights.
In Georgia it is the victim’s responsibility to pay their medical bills. Due to this, it is important for you to take out what is known as medical payment coverage (aka med pay) on your auto policy. This will help pay for the medical bills after a collision.
Whether you have this coverage or not, you should speak to a personal injury lawyer in Georgia who can help you by pursuing a claim against the at fault driver’s insurance company or filing a lawsuit against that driver.
It's not unusual for motorcycle drivers to miss time at work as they recover from their injuries. If you miss work due to your injuries and lose money as a result you should be compensated for your lost income as well.
The at-fault driver's insurance company will pay for your bike to get repaired or replaced after they finish their investigation into the collision. While your motorcycle is being repaired you will be able to get a rental vehicle during that time.
If you were at fault for the accident and you have full coverage insurance, your insurance company will pay for repairs or replacement after your deductible. Your policy may also cover a rental vehicle for a limited period of time.
After a car accident in Georgia, you may be entitled to compensation for pain and suffering.
You'll need to talk to a personal injury lawyer with experience fighting for motorcycle accident victims in Georgia. That's where Lonati Law Firm, P.C. comes in.
Contact us at (678) 363-3500 for a free initial consultation so we can go over the facts of your case today.
If you've suffered a dog bite or other form of animal attack, you may be missing out on compensation. Up to 2 million people are victims of animal attacks in the United States each year, but not many know that they could have grounds to sue. Here's our guide to what is involved with an injury case due to a dog bite or animal attack and how to find out if you should take legal action.
Once you've had the appropriate medical treatment and ensured you are protected from any diseases that may have been carried by the animal that bit you, it's time to get in touch with a legal expert. It's best to contact someone with knowledge and experience in dealing with injury cases involving animal attacks, as they will be able to advise you on the strength of your case and the actions to take to have the best chance of success. When contacting an attorney, make sure you have all the relevant details. This includes where and when the attack took place, plus the contact details of the animal owner and any witnesses. This will enable them to review the incident and put together a strong case.
Depending on which state the incident took place in, there are different laws regarding who is responsible for the attack. For example, in some states, the owners will be held responsible, even if they didn't know the animal was dangerous. In other states, you'll need to prove that the owner was aware of the animal's "dangerous propensities" or habits.
Additionally, liability can depend on whether there were sufficient warnings about the animal, such as a 'Beware of the Dog' sign. You may need to prove that you were not acting irresponsibly yourself, such as taking unnecessary risks. Another issue to consider is the age of the person who was attacked.
To find out whether you should take legal action regarding an animal bite or attack in Dallas, Georgia, get in touch with the team at Lonati Law.
When someone slips and falls on another's property, it can set forth a chain reaction of events that lead to serious injury, claims of negligence on both sides, and time spent in court. However, many people don't completely understand the Georgia laws when it comes to this type of case and may act under assumptions that aren't actually correct. In this blog post, you can find out exactly what the state of Georgia says about the owner's responsibility to maintain a safe premises and the rights of the person injured .
The Property Owner's Responsibilities
Private property owners have the responsibility to keep their premises free from obvious hazards that could cause injury to visitors. This includes those invited onto the property or those who have prior permission to be there as well as strangers who have a legitimate reason for being there. An example of this last point is if a delivery person leaves a package on your porch when you're not home. You may not have specifically said the individual could come onto the premises, but you would still be potentially legally liable if the person were to get hurt in the yard or on the porch. However, if a person is trespassing, the situation is treated differently.
The Injured Party's Rights
In short, if you believe you have been injured due to the negligence of a property owner, you have the right to file a claim and seek compensation for damages including but not limited to lost time from work, medical bills, loss of future work, and pain and suffering.
It's important to remember that cases like these have a statute of limitations . In Georgia, this means you only have two years to file -- four if you are seeking compensation for damage to personal property -- if you wish to pursue a personal injury claim against the property owner. Keep in mind, this is two years from the date of the incident, not the date you realized you were seriously injured. It's not uncommon -- particularly when the parties know each other -- for the issue to be downplayed and brushed off with a "no problem, I'm fine," only for the victim to realize that the injury was far more serious weeks or months later.
If you or someone you love has been injured as the result of a slip-and-fall accident you believe to be caused by unlawful negligence on the part of the property owner, you need legal counsel. At Lonati Law Firm, we can help you understand the Georgia laws and your options.