Wrongful death cases can occur under various conditions. While it is understandable that you will experience sadness, despair and even anger; at some point you will need to consider how your loved one passed. It will be extremely crucial to your case that you have a thorough account of how and when your loved one began their decline; because we need to know their "baseline". This will help to determine when and how the decline began and who may have been responsible. If there is a question as to how your loved one passed; an autopsy would be crucial to your case.
In Georgia, you have 2 years to bring a claim for personal injury, medical malpractice, nursing home cases, and any other injury you have sustained at the result of another. This is known as the statute of limitations. Under medical malpractice cases, there is also a concept known as the statute of repose; which states that you must bring a medical malpractice claim within 5 years of when the medical service was provided. The above timelines have various exception based on the age of the person harmed, where the person was harmed, when the person "discovered" they have been harmed, and if the tortfeasor is an individual, business or government agency. Please contact us if you have any questions.
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We have informed you that it is in your best interest to carry UM coverage under your auto insurance. We also recommend you carry a $5,000 or $10,000 medical payments coverage to help offset medical costs as a result of any injuries you sustain following an accident. When your health insurance kicks in, which is secondary to "medpay" under your auto insurance coverage, you may be required to repay a portion of the amounts paid under your health insurance. This is a result of ERISA. In a nutshell, your employer is able to provide you health insurance at a discounted rate and the insurance company, under federal regulation, can seek compensation from you resulting from an accident not your fault. Another quick point; always take pictures!
Medical Malpractice, Vehicle Accidents, Nursing Home Abuse, Wrongful Death & Personal Injury
When selecting a nursing home for a loved one, make sure you search court records in the county where the nursing home is located to see if any complaints have been filed. Also ask to see the accreditation of the facility along with the credentials of those that will be responsible for the care of your loved one. Nursing home abuse is not uncommon, unfortunately, so we recommend you conduct a thorough background check of the facility you plan to handle the care of your loved one.
If you have been injured, we recommend you take pictures of where you were injured and of the injuries you sustained. We also ask that you collect recent pictures of yourself prior to your injury and continue to take pictures of your injuries as you heal. Visit the ER and your primary care physician immediately following your injury. A delay in care can result in your potential damages claim being significantly reduced. Make sure to follow all recommended treatment guidelines. Keep track of miles traveled for treatment, medical bills and records, ensure your treating physicians are aware of how you were injured and keep track of wages lost as a result of your injury.
Medical malpractice cases can arise when a physician fails to order a pathology report, the pathology report is misread or not verified, or when lab work is not conveyed to all treating physicians. We currently have cases in which pathology reports were not requested, physicians acted on lab work that was not conclusive, and where medical providers failed to communicate with each other in regards to the treatment of their patient. Always ask your treating physician to explain why they are not ordering a pathology report (if required) or what are the results of your report and what do the results mean in regards to your treatment.