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Wrongful Death Claims in Georgia

Losing a loved one is an unbelievably tragic event that can bring about a great deal of emotional and financial suffering. If you lost a loved one due to the negligence or incompetence of another party, you have the opportunity to seek legal recourse and possibly receive compensations for the damages caused by your loved one’s death.

Wrongful death in the state of Georgia is defined as a death that results from the “negligent, reckless, intentional, or criminal” act of another party. In order to file a wrongful death suit, the individual filing the suit must provide evidence that an act of negligence occurred.

Filing a Wrongful Death Claim in Georgia

The spouse of the victim may file a wrongful death claim. If the victim and his or her spouse have dependents who are minors, the spouse must act on the behalf of these dependents. In the state of Georgia, the deceased individual’s spouse is entitled to one-third of the awarded compensation, regardless of how many Wrongful Death Claims in Georgia dependents there are.

In the case that the deceased party has no surviving spouse or dependents to file a claim in court, then the claim may be filed by a parent of the deceased or a representative of the victim’s estate.

Types of Georgian Wrongful Death Claims

There are two different types of wrongful death in the state of Georgia. The first type of claim is to assess the “full value of the life of the deceased.” This includes the cost of things with a set monetary value, such as lost wages, as well as things that do not have a set monetary value, such as loss of companionship.

The second type of claim is to define and provide reparations for the financial loss that accompanied the death of the victim. Some of the damages that the plaintiff may receive compensation for are the cost of the deceased individual’s medical treatments, the cost of funeral services, and the suffering that the victim underwent.

Georgia’s Statute of Limitations

Every state has a time period in which you must file your claim in order for your case to make it to court. In the state of Georgia, the plaintiff has two years to file a wrongful death claim. There are exceptions to this rule. For example, the time period is paused if the court is handling a criminal case concerning the same incidents as the wrongful death claim. The time period resumes once the criminal case reaches its end.

Hiring a lawyer who is well-versed in Georgia’s laws is the best way to ensure that you present the strongest case possible. Our team of expert attorneys has the knowledge and capability to review the events leading up to the wrongful death of your loved one and decide what options are available to you.

Georgia Wrongful Death Lawyer

The loss of a loved one is never an easy situation to face. The Nye Law Group has the resources and the ability to provide you with the support and legal guidance that you need during this difficult time. Call us at (912) 200-5230 to learn more.

Types of Nursing Home Abuse in South Carolina

The purpose of a nursing home is to allow senior citizens to live in comfort while receiving the care and support that they need. Unfortunately, some assisted living homes mistreat and cause harm to their residents. If you feel that someone you know who is living in a nursing home is suffering from neglect and abuse due to the negligence of the home’s staff, you have a case for seeking compensation.

It is important to hold nursing homes accountable for their actions. Nursing homes have a responsibility to provide the best possible care for their those living there. If this expectation is not met, there should be action taken against the home. Any harm caused to an elderly person living in a nursing home, whether through an unintentional act of negligence or through a deliberate act of maliciousness, is unacceptable.

If your loved one is experiencing maltreatment from the staff of their nursing home, the best thing to do is to get in contact with an expert lawyer. Our team of attorneys is well-versed in South Carolina’s laws and regulations that pertain to nursing home abuse cases. Our attorneys have the skills and knowledge necessary to assess your case and provide you with the legal guidance that you need.

There are many situations that can lead to the mistreatment of a nursing home resident. These include:

  • Understaffing
  • Lack of proper training
  • Mistakes in administering medication
  • Hiring under qualified individuals
  • Third-party negligence

Any of these instances can create an unsafe environment that can result in the abuse of those living in the home.

Types of Nursing Home Abuse in South Carolina

There are different types of abuse that an elderly patient may experience in a nursing home. These include physical abuse, emotional abuse, financial abuse, sexual abuse and neglects.

Physical Abuse

Any deliberate physical maltreatment of the patient is considered physical abuse.

Emotional Abuse

This type of abuse is more difficult to detect than physical abuse. Isolation, threats, insults, and malicious language are all examples of emotional abuse.

Financial Abuse

In some cases, nursing home patients may fall victim to scams or may have their financial information stolen by an untrustworthy staff member.

Sexual Abuse

Unfortunately, patients in a nursing home may fall victim to sexual abuse. If a staff member coerces a patient into a sexual act when the patient is incapable of providing consent, it is sexual abuse.

Neglect

Patients have a right to receive their basic needs, such as an adequate supply of food and water, as well as any other needs, such as medication. Failing to provide a patient with these needs constitutes neglect.

 

If you feel that your loved one is suffering due to the neglect or improper treatment of their nursing home staff, you have every right to take legal action. No one deserves to live in a state of fear. At The Nye Law Group, we understand how devastating cases of nursing home abuse are. Our team of lawyers has the capability to provide you and your loved one with the strongest case possible. Call us at (912) 200-5230 to learn more about what options are available to you.

 

Boating Accident Laws in North Carolina

Many people in North Carolina enjoy boating as a recreational activity. Unfortunately, this activity can lead to dangerous accidents. Depending on the type of accident, these incidents may result in various injuries, or possibly even death. If you were injured or lost a loved one in a boating accident that was caused by the negligence of another party, you have the right to take legal action. Our North Carolina lawyers have a thorough understanding of the state’s rules and regulations regarding boating and are capable of creating the strongest possible case for you.

Boating Accident Laws in North Carolina

Filing a boating accident case requires determining the guilty party and providing evidence of that party’s negligent act. These cases can prove to be complex. The best course of action to take is to get in contact with a lawyer who is well-versed in boating accident cases. Our expert lawyers have the knowledge and skill to provide you with the legal guidance that you need.

Boating accidents are typically caused by some form of error, including, but not limited to, miscalculating a turn, speeding, violating boating rules, not watching out for nearby crafts, lack of proper boat maintenance, or operating a boat while under the influence.

Boating While Under the Influence

Boating while under the influence is against the law in the state of North Carolina. A blood alcohol content of 0.08 percent is the legal limit for operating a boat in North Carolina, the same as the legal limit for driving a car.

Federal Boating Laws in North Carolina

In North Carolina, there are federal maritime laws that apply to boating accident injuries that take place on navigable waters. Navigable waters include many different bodies of water, such as the ocean, harbors, rivers, lakes, and waterways. These laws mean that the boating accident case will most likely take place in a federal court, making these cases more complicated. This is why it is best to hire an expert lawyer who has a thorough knowledge of these laws.

North Carolina’s federal maritime laws utilize “comparative fault.” This means that if the injured party had held some fault in the accident, he or she can still be awarded compensation. The amount will be reduced by the percentage that the injured party’s own actions caused the incident.

Boating Accident Damages 

The party who is determined liable for the incident is responsible for providing the victim with compensation. Monetary compensation is awarded for any damages, such as injuries, medical bills, and lost wages, in an attempt to make up for these burdens.

A boating accident can involve any watercraft, such as:

  • Jet skis
  • Canoes
  • Kayaks
  • Wakeboards
  • Inflatable watercrafts
  • Airboats

If you have sustained an injury or lost a loved one due to a boating accident caused by the negligent act of another party, you may have a case for receiving compensation. At The Nye Law Group, we know how difficult this time is. Allow us to provide you with the support and resources that you need. Call us at (912) 200-5230 to learn more about the options that are available to you.

Birth Injury Cases in the State of Georgia

Having your infant suffer from a birth injury is an unbelievably tragic event. If this has occurred in your family, you most likely feel shocked, scared, and unsure of what to do next. If you and your baby are suffering due to an infant injury that was caused by medical malpractice, you have the option to seek legal compensation.

The best course of action to take is to get in contact with a Georgia lawyer who is well-versed in these types of cases. Our expert team of attorneys has the skills and the knowledge to guide you through this difficult time. Our lawyers have a thorough understanding of the laws surrounding birth injuries in Georgia and are capable of creating a strong case for you.

A birth injury, also known as birth trauma, is defined as any wound that a baby receives during the birthing process. There are many instances that can result in a birth injury, including the negligence of the medical team providing care to the mother and child. One mistake during the birthing process can have detrimental consequences for the child.

Depending on the severity of the injury, it may have an effect on the child for the rest of his or her life. If your baby was injured due to the negligent act of a medical professional, you have the right to take legal action.

Not only is a birth injury emotionally traumatic, it can also create a financial burden on the family. The cost of treatment for the infant after the injury can prove very costly. In some cases, long-term, possibly even lifelong care may be required. Filing a birth injury case may award you compensation to cover these costs. This is why it is crucial to speak to a lawyer as soon as possible. Medical malpractice cases are time sensitive, and the sooner action is taken, the better it is for your case.

In the state of Georgia, there is a two-year statute of limitations on birth injury cases. You must file your claim within two years of the incident that lead to the injury. In the event that the injury does not become evident until later on, you are granted five years to file.

As with any medical malpractice case, in the case of a birth injury, it is essential to act quickly. Our lawyers will start as soon as possible and conduct a thorough investigation into the incident that resulted in your baby’s injury. They will determine what party is at fault and will collect the necessary evidence to provide in court.

Common Types of Birth Injuries in Georgia

There are many different types of injuries that an infant can sustain at birth. Just a few of these include:

  • Erb’s Palsy
  • Cerebral Palsy
  • Brain Damage
  • Fractures
  • Brachial Plexus Injury
  • Facial Paralysis

If your child received a birth injury in the state of Georgia, our lawyers have the ability to make the strongest possible case for you. Allow us at The Nye Law Group to provide you with legal guidance during these trying times. Call us at (912) 200-5230 to learn more about what options are available to you.

 

Filing a Medical Malpractice Case in South Carolina

The last thing you want to do when you are receiving medical care is worry about your safety. It is an unfortunate reality that sometimes medical professionals make mistakes. These mistakes can have grave consequences. If you were injured due to an act of negligence by a healthcare professional, you may have a case for a medical malpractice lawsuit. You may be eligible to receive compensation for your injury.

Making a strong case for a medical malpractice lawsuit requires a thorough comprehension of the laws that apply to medical care in the state of South Carolina. Hiring an expert lawyer will help ensure that you have the best possible case for receiving compensation. Our team of attorneys at The Nye Law Group have the knowledge and experience with medical malpractice cases to provide you with the necessary guidance.

 The goal of a medical malpractice case is to prove that you suffered due to another party’s act of negligence, making that party liable for your injury. In the instance of a medical malpractice case, you are trying to prove that a medical professional whom you were receiving treatment from made a mistake or acted in a way that caused you harm. As with any lawsuit, the evidence you provide in a medical malpractice lawsuit will dictate the outcome of your case. Our attorneys will perform the necessary investigation into the incident that resulted in your injury in order to create the strongest case possible for you.

It is important to remember that medical malpractice cases are time-sensitive. The statute of limitations for a medical malpractice case is three years in the state of South Carolina. This means that you need to file your claim within three years of the date that the malpractice occurred in order for your case to make it to court.

Filing a “Notice of Intent” and an “Affidavit of Expert”

In order to file a medical malpractice lawsuit in the state of South Carolina, the victim is required to provide the court, as well as those who are to be sued, with a “Notice of Intent to File Suit.” This needs to state all medical care providers who are going to be sued along with the victim’s reasons for requesting compensation. Additionally, the victim needs to get a medical expert to create an “Affidavit of Expert” stating at least one instance in which the medical provider exercised an act of negligence against the victim.

After these two items are filed, there is a period of 90 to 120 in which the individual making the medical malpractice claim and the party being sued must attempt to come to an agreement before the suit goes to court.

If you or a loved one has fallen victim to medical malpractice, you may have a case for getting legal compensation for the damages that you have received. At the Nye Law Group, we have the resources and the expertise to help you through this difficult time. Call us at (912) 200-5230 for more information about your options.

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402 West Trade Street,
Suite 112
Charlotte, NC

704-285-6319 get directions

119 Southern Boulevard, Savannah, GA 31405

912-200-5230 get directions
View all locations
CONTACT US

NO PRESSURE. SPEAK TO AN ATTORNEY. NO HIDDEN FEES.

* All Fields Required

Or Call 912-200-5230