Wrongful Death FAQ

Wrongful Death & Catastrophic Injury FAQs

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Q: What types of cases does your firm handle?

A: Huddleston and Nohr helps people throughout the Southeast seriously injured by deadly car and truck accidents, defective products and premises, contaminated foods and foodborne illnesses, deficient corporate safety practices and policies, insurance disputes, medical malpractice, and elder abuse or nursing home practices.

If you believe that you or a loved one has been injured by the misconduct of others, it is important that you contact an attorney qualified to handle your claim. There are statutes of limitation that may bar your claim and any recovery if you do not act quickly.

For important information about your claim and our disclaimer, click here.

 

Q: What damages may I recover?

A: A person harmed by the misconduct of others may recover compensatory damages for injuries arising from the harm caused, including past, present, and future lost wages, pain and suffering, medical expenses, future diminished earning capacity, loss of companionship, among others. In Georgia cases involving wrongful death, family members may also recover for their loved one’s lost enjoyment of life, which is defined very broadly to include all those activities that the deceased may no longer enjoy as a result of his or her demise.

Individuals who suffer catastrophic injuries may have special care and treatment needs that continue throughout their lifetime. The appropriate expert(s) can project the cost of such care over the life of the injured patient. The jury may award all or part of these costs of the lifecare plans to the plaintiff as special damages.

A plaintiff may, in rare circumstances, also recover punitive damages. Georgia law requires, in order obtain an award of punitive damages, the plaintiff must present clear and convincing evidence of willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise a presumption of conscious indifference to consequences. The purpose of punitive damages is to penalize, punish or deter the defendant.

No lawyer can tell you how much you will recover, if anything, in any legal action. Every case is different, having different circumstances and different facts. There are numerous risks involved in all litigation, including the risk of losing the case.

For important information about your claim and our disclaimer, click here.

 

Q: Is there a time limit for bringing my claim?

A: Yes. There are various statutes of limitations that apply to your claim. You must pursue legal action within the time set forth in the applicable statute of limitation or you may be barred. Statutes of limitations vary from state to state and based upon the type of claim involved. For instance, Georgia has a two-year statute of limitation that applies to most personal injury claims.

However, there are many exceptions based upon the circumstances involved and the nature of the claim. For instance, in Georgia actions brought by minors, the two-year statute of limitation for personal injury is suspended or “tolled” until the child’s eighteenth birthday. However, in medical malpractice cases brought on behalf of by Georgia minors, the statute of limitations begins to run at the child’s fifth birthday, and must be brought within two years of that date. In addition, with respect to Georgia cases involving minors, the parent’s claim for medical expenses is subject to a separate statute of limitations depending on the nature of the action.

What statute of limitations applies to your cases depends on a variety of different factors that must be assessed by an attorney. If you believe that you have a claim, it is important that you promptly contact an attorney to determine the applicable statutes of limitations.

For important information about your claim and our disclaimer, click here.

 

Q: How long will this take to be resolved?

A: The length of time a case may take to be resolved depends upon individual factors unique to every action, including the county in which the lawsuit is filed, the defenses involved, the pre-trial discovery that may be necessary, and public or media attention your case may receive.

For important information about your claim and our disclaimer, click here.

 

Q: What is the first step?

A: If you suspect that you or a loved one is the victim of medical malpractice, please contact Huddleston and Nohr or an attorney qualified to evaluate your case as soon as possible. We will schedule an initial consultation to discuss your case.

During your initial consultation, be sure to bring all records relating to your potential action and injury, including all medical records and billing invoices in your possession. Our firm can obtain medical records on your behalf with a written authorization form. If necessary, our firm can also formally request that you be appointed as executor or administrator for the estate of a loved one in the appropriate probate court.

For important information about your claim and our disclaimer, click here.

 

Disclaimer: Nothing in this website is intended to serve as legal advice. You should not act or fail to act upon a claim based upon any information contained on this website.

Every case is different, having different circumstances and different facts. No lawyer can tell you how much you will recover, if anything, in any legal action. There are numerous risks involved in all litigation, including the risk of losing the case. What statute of limitation applies to your individual claim depends upon many factors, including the type of claim and the jurisdiction in which it should be filed.

If you believe you have a claim or have legal questions, you should consult with Huddleston and Nohr or another lawyer about your case immediately. No one at Huddleston and Nohr will take any action on your behalf until and unless you enter a written agreement for legal representation. Contacting the firm either orally or in writing does not establish an agreement for legal representation.

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