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If you recently lost a loved one and you have reason to believe the death was caused by another person’s negligence, you may be able to file a wrongful death lawsuit.

Wrongful death is any death that results from criminal or other negligence or from property that was manufactured defectively, even if there was no negligence involved, according to Title 51 Chapter 4 of the Official Code of Georgia (O.C.G.A.).

There are a few things you need to know about filing a wrongful death claim in Georgia.

If you lost a loved one due to negligence, contact our Savannah wrongful death attorneys today.

PURPOSE OF A GEORGIA WRONGFUL DEATH CLAIM

A wrongful death claim is similar to a Georgia personal injury lawsuit, except that the individual who would have been able to file a claim is dead.

These claims can have two purposes:

• To recover compensation to cover the full value of the life of the decedent without deducting any of the necessary or personal expenses of the decedent if he or she had survived.
• To recover financial losses caused by your loved one’s death.

DEADLINE FOR FILING A LAWSUIT

Georgia’s statute of limitations for wrongful death claims creates a deadline for filing a claim. Generally, claims must be filed within two years of the date of death, according to O.C.G.A. § 9-3-33. If you do not file a claim before the statute runs out, you are prohibited from doing so.

However, there are multiple exceptions to the two-year statute of limitations:

• The two-year clock stops running if there is a criminal case proceeding through court that deals with the same events as your wrongful death claim. The two-year clock starts running again on the date the criminal case ends.
• The clock for the statute of limitations could be tolled for as much as five years if the deceased person’s estate does not go into probate. An heir to the deceased person’s estate can request that the probate process be skipped.

PEOPLE WHO CAN FILE A CLAIM

State law allows the following individuals to file a wrongful death claim:

• Surviving spouse – These individuals must also represent the interests of any minor children of the deceased. If the surviving spouse dies during the legal action, it will be transferred to the child or children of the decedent.
• Surviving children – If the child who files the claim dies, the case will be transferred to one of the other surviving children. Compensation will be divided among the children, but if there is a surviving spouse, this person will receive at least one third of the compensation awarded.
• Surviving parents – This only applies if there is no surviving spouse or children to file a claim.
• Personal representative of the deceased’s estate – This is for cases where there is no one else who is entitled to file a wrongful death lawsuit. If the claim is successful, any damages that are recovered will be held by the deceased’s estate and given to the deceased’s next of kin.

TYPES OF WRONGFUL DEATH COMPENSATION

If you filed a claim to recover the full value of the life of your loved one, you may be entitled to the following forms of compensation:

• Lost wages and employment benefits the deceased had a reasonable expectation of earning over the course of his or her life
• Loss of care
• Loss of companionship
• Other intangible benefits

If you filed a claim to recover financial losses caused by your loved one’s death, you may be entitled to:

• Medical bills from your loved one’s last injury
• Funeral bills and other final expenses
• Pain and suffering your loved one endured before dying

Our wrongful death lawyers are prepared to handle every aspect of your claim, from beginning to end. We are committed to recovering all of the compensation you deserve for the tragic loss of your loved one.

We do not charge for your initial consultation and do not collect attorney’s fees unless we recover the compensation you deserve.

Contact The Nye Law Group today. Fill out a Free Case Evaluation form or call 855-856-4212 to reach our team of personal injury attorneys in Savannah.

Unfortunately, some people who join the armed forces are killed or suffer physical or psychological injuries that cause long-term or permanent disabilities that make it more difficult to take care of themselves and support their families.

That is why the Department of Veterans Affairs (VA) provides disability benefits to veterans and the families of veterans who died during their service, assuming the veteran or his or her family meet certain eligibility requirements.

The experienced Savannah veterans’ disability lawyers at The Nye Law Group can help determine all types of benefits you are eligible to receive, which may include:

DISABILITY COMPENSATION

This is a monthly, tax-free benefit that ranges from $133.57 to $2,915.55. The more severe your disability, the more money you receive.

In order to qualify for disability compensation, the veteran must prove that his or her disability or medical condition was caused or aggravated by an injury suffered during military service, which includes active duty, active duty for training or inactive duty training.

The disability can be physical, such as a spinal cord injury, loss of a limb or traumatic brain injury, or psychological, like post-traumatic stress disorder. However, you are eligible for compensation only if the VA’s rating of your disability is 10 percent or higher.

If your disability is rated at 30 percent or higher, you can receive additional compensation for your dependents, if you have any.

If you are a military retiree, applying for disability compensation does not affect your eligibility for retirement pay. However, your retirement pay will be reduced by the amount of disability benefits you receive, unless you qualify for one of these programs:

• Concurrent retirement disability pay – This is for military retirees who have a disability rating of 50 percent or higher. If you qualify, you can receive your full retirement pay in addition to disability compensation, with no offset.
• Combat-related special compensation – This is for military retirees who qualify for disability compensation but have a disability that is the result of a combat-related incident. However, this only applies to your combat-related disability. If you have other non-combat-related disabilities, your retirement pay will still be offset by the amount of compensation you receive for those medical conditions.

DEPENDENCY AND INDEMNITY COMPENSATION

This is reserved for the spouses and biological children of veterans who were killed while on active duty. Like disability compensation, this benefit is also tax free.

There are different compensation rates for veterans who died on or after Jan. 1, 1993 and those who died before that date.

The basic monthly rate for Dependency and Indemnity Compensation (DIC) for spouses of veterans who died on or after Jan. 1, 1993 is $1,257.95.

More compensation will be added if the deceased veteran or surviving spouse meet certain conditions. For example, if the surviving spouse is eligible for aid and attendance benefits, the VA will add $311.64 to the monthly amount of DIC. The VA also adds $311.64 in monthly compensation for each dependent child under the age of 18, regardless of when the veteran died.

The amount of compensation for surviving spouses of veterans who died prior to 1993 is based on the veteran’s pay grade. Compensation ranges from $1,257 for an enlisted service member to as much as $2,882.42 for officers.

Spouses have to meet one of several conditions to qualify for DIC. For instance, they have to have been married to the veteran for at least one year; married to a service member on active duty, duty for training or inactive duty; or married the veteran before Jan. 1, 1957.

Surviving children can qualify if they are unmarried, not included on the surviving spouse’s application, and are younger than 18 years old or between the ages of 18 and 23 attending school.

PARENTS’ DEPENDENCY AND INDEMNITY COMPENSATION

This is reserved for the parents of service members who were killed in the line of duty. These individuals can be biological, adoptive or foster parents.

In order to qualify for this type of compensation, parents have to prove the veteran was their child and establish that he or she had a service-connected disability.

If the parents are still married to each other, they can receive anywhere from $5 to $423 per month. The higher their monthly income, the less compensation they receive. This also applies to a parent who has remarried someone.

If one parent is no longer married to the other and did not get remarried, compensation ranges from $5 to $450.

The rate tables on the VA website explain compensation amounts in more detail.

SPECIAL MONTHLY COMPENSATION

This benefit is in addition to standard disability compensation, but it is reserved for severe disabilities and medical problems, including:

• Loss or loss of use of a foot or hand
• Paralysis
• Loss of vision
• Loss or loss of use of a reproductive organ
• Deafness
• Loss of the ability to speak

You will receive more compensation if you have a combination of these types of disabilities. For example, you would receive more compensation if you have paraplegia with a complete loss of bladder control.

The VA divides disabilities that are eligible for special monthly compensation (SMC) into different groups. For instance, SMC-K covers the loss of use of an eye, ear, hand, foot, buttocks or creative organ. The veteran receives $103.54 for each condition he or she has that falls under SMC-K.

A veteran with a SMC-L condition who lives alone can receive $3,627.87 per month, according to the SMC rate table. SMC-L includes conditions for which the veteran needs regular aid and attendance. SMC-L also covers veterans who are permanently bedridden or have a combination of losses or loss of use of extremities.

DISABILITY PENSION BENEFITS

Veterans who are disabled but do not qualify for disability compensation can receive a disability pension.

The VA also offers two improved pension programs for veterans in certain circumstances.

HOUSEBOUND BENEFITS

This is reserved for veterans who have a disability that leaves them substantially confined to their home.

AID AND ATTENDANCE BENEFITS

This is for veterans who require assistance with at least some daily living activities. Veterans are eligible even if they are not currently paying a caregiver to come to their home.

Veterans can also apply for this if they are not disabled but their spouse is and needs daily assistance.

ELIGIBILITY FOR PENSION BENEFITS

There are several eligibility requirements for pension benefits, including aid and attendance and household benefits. The veteran must:

• Have assets and income below income limits
• Have not received a dishonorable discharge
• Have served for at least 90 days, including one day of service during wartime
• Be totally and permanently disabled or 65 years old or older

The income limits vary based on the veteran’s living situation. For instance, if the veteran does not have a spouse or child, he or she must be making less than $12,907 per year. If two veterans are married to each other and are housebound, they must make less than $19,770.

The skilled attorneys at The Nye Law Group can help you determine your eligibility for these forms of compensation. We offer a free, no obligation legal consultation and do not charge for our services unless you receive compensation.

Complete a Free Case Evaluation form right now.

Whiplash is caused by a sudden extension and contraction of the ligaments and tendons in the neck and shoulders. This injury can occur in a variety of accidents, but is most commonly associated with car accidents, usually rear-end accidents.

If the accident was caused by someone else’s negligence, you may be able to obtain compensation for medical expenses and other damages.

However, whiplash claims are often viewed with suspicion by insurance companies, judges, and juries. The steps you take in the immediate aftermath of your accident will go a long way in convincing insurers and others of the validity of your claim.

The Nye Law Group’s Savannah personal injury attorneys will advise you to take the following steps to help improve your chances of success:

SEEK MEDICAL ATTENTION IMMEDIATELY

Waiting too long after the accident to be seen by a doctor is sure to arouse suspicion among insurance companies and others about the truth of your injuries, particularly with whiplash.

Unfortunately, some people who suffer whiplash in an accident wait to seek medical treatment because they are not experiencing pain or other symptoms and they think they are OK.

In some cases, it takes up to 24 hours for people with whiplash to experience any symptoms. These symptoms can be masked by adrenaline and cortisol, which are released into the bloodstream after an accident.

Fortunately, trained medical professionals will know how to spot the signs of whiplash, even if you are not experiencing symptoms, which could include:

• Neck pain and stiffness
• Loss of range of motion in the neck
• Tingling or numbness in the arms
• Dizziness
• Fatigue
• Headaches
• Shoulder, upper back, or arm pain
• Worsening pain with neck movement

Some victims will also experience more severe symptoms such as blurred vision, sleep disturbances, difficulty concentrating, memory problems and depression.

FOLLOW ALL INSTRUCTIONS FROM YOUR DOCTOR

This further bolsters your claim by showing that you are truly injured and are doing everything in your power to recover.

If the doctor tells you to follow-up with a specialist, make an appointment as soon as possible. Take any prescription medications the doctor advises you to take.

If your claim is successful, you will receive compensation for co-pays and other out-of-pocket expenses related to your treatment.

FILE A CLAIM IMMEDIATELY

If the doctor diagnoses you with whiplash, you need to file a claim for compensation right away.

North Carolina, South Carolina, and Georgia are fault states, so if you suffered whiplash in a car accident, you can pursue compensation from your insurer, the at-fault driver’s insurer or a personal injury lawsuit.

However, it is usually best to start with an insurance claim, and if you are unable to negotiate a fair settlement, you can file a personal injury lawsuit. This applies to car accidents and other types of accidents.

When speaking with the insurance adjuster, stick to the basic facts and avoid discussing your injuries. The danger of discussing your injuries is that you will minimize them or talk about how much pain you are in. This could doom your claim or lower your compensation award.

The adjuster can review your medical records or speak to your doctor to get the details about your injuries.

COLLECT MEDICAL DOCUMENTATION

This is arguably the most important evidence in your personal injury claim. Medical documentation includes:

• Emergency room admission forms
• Medical charts
• X-rays
• CT scans
• Blood tests
• Doctor’s notes
• Records of follow-up treatments
• Other tests ordered by doctors

CONTACT A PERSONAL INJURY LAWYER

The attorneys at The Nye Law Group can carefully review your claim to determine all of your legal options. We can speak to the insurance company on your behalf and handle settlement negotiations so you can focus on your recovery.

We will advise you throughout the legal process, telling you what steps to take and what documents you need to build a strong case.

If we are unable to reach a fair insurance settlement, we are prepared to file a personal injury lawsuit to obtain the compensation you deserve.

Call our lawyers right now at 855-856-4212 or Live Chat with a representative.

Elderly financial abuse occurs when someone improperly or illegally uses an elderly person’s money, property or assets.

The media does not cover a lot of stories about financial abuse of the elderly, but it is a widespread problem, costing victims approximately $2.6 billion each year, according to a 2009 study from the MetLife Mature Market Institute and National Committee for the Prevention of Elder Abuse.

Nursing home residents are particularly vulnerable to financial abuse because they often have cognitive problems and are dependent on others to make decisions for them.

Residents may not monitor their bank accounts and other assets on a regular basis or at all. This can allow an abuser to steal or misuse the resident’s money or assets for a significant amount of time before the resident realizes or understands what is happening.

That is why family members and friends are often the ones who discover their elderly loved one is suffering financial abuse or exploitation at the nursing home.

If your loved one has been a victim of financial abuse, our Savannah nursing home negligence lawyers may be able to help. Contact our firm today.

TYPES OF NURSING HOME FINANCIAL ABUSE

Some of the most common forms of financial abuse of nursing home residents include:

• Forging the resident’s signature
• Stealing or misusing money, possessions or other assets
• Coercing or deceiving a resident into signing documents, including contracts or wills
• Improperly using conservatorship powers or powers of attorney

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• Cashing a resident’s checks without permission or authorization
• Misusing money that is designated to pay bills or other financial obligations
• Using credit cards or credit information to set up accounts

PERPETRATORS OF ELDER FINANCIAL ABUSE AT NURSING HOMES

Anyone who comes into contact with a nursing home resident or has control over them can commit financial abuse. However, financial abusers are often people who have close relationships with residents, including:

• Caregivers
• Nurses
• Other service and business professionals at the facility
• Family members
• Colleagues
• Friends

Family members, friends and colleagues are more likely to commit power of attorney abuse because they are often the ones who hold power of attorney.

Power of attorney is a written authorization for someone to act on another’s behalf if that person is incapable or unwilling to do so. This position makes it very easy to abuse that person’s finances. That is why residents’ families need to make sure the person who holds power of attorney is honest and can be trusted to responsibly manage the resident’s finances.

HOW TO SPOT FINANCIAL ABUSE

There are several tell-tale signs of financial abuse of a nursing home resident, such as:

• Unexplained transfer of money or assets to another individual
• Sudden changes in the resident’s will
• The resident begins living well beyond his or her means
• Checks are frequently written to a particular financial professional or caregiver
• Unexpected withdrawals from a bank account
• The resident is missing personal belongings
• The resident is reluctant to talk about routine financial issues
• The resident’s bank signature card contains additional names

HOW TO PREVENT NURSING HOME FINANCIAL ABUSE

There are several steps you can take to ensure your elderly loved one’s assets are not stolen or abused:

• Include several people in major financial decisions to help ensure one individual does not try to take advantage
• Check references before hiring caregivers
• Use automatic bill pay

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• Communicate with banks and other financial institutions and ask about suspicious financial activity
• Avoid hiring caregivers who attempt to constantly isolate your loved one

One of your loved one’s rights as a nursing home resident is to live free from any form of abuse or neglect, including financial abuse.

If you suspect that your loved one is being abused financially, you may have legal options. Contact our personal injury lawyers in Savannah for more information.

We can help put a stop to the abuse and hold the perpetrators accountable. We may also be able to obtain compensation to help you recoup your loved one’s financial losses.

Call 855-856-4212 or Live Chat with a representative.

Our Savannah veterans’ disability attorneys have compiled a guide to the five ways to establish a service connection to your disability:

DIRECT SERVICE CONNECTION

This means there is clear evidence of a connection between your disability and a documented incident during your service. For example, there would be a direct service connection between paralysis and a severe back injury suffered during a drill or training exercise.

If there are no records of the event, you can obtain statements from other veterans you served with to confirm what happened.

If you have evidence that your symptoms began before you were discharged, you usually do not need a medical opinion to establish a link between your service and your disease.

PRESUMED SERVICE CONNECTION

If you were involved in certain situations during your service and you developed certain disabilities, the Department of Veterans Affairs (VA) will presume a service connection.

For example, if you have Parkinson’s disease and were exposed to Agent Orange during your service, the VA will presume there is a service connection.

The VA would also presume a service connection for veterans who were prisoners of war for at least 30 days and developed anxiety, post-traumatic osteoarthritis or residual frostbite.

There would also be a presumed service connection if you were exposed to a nuclear testing site and developed certain types of cancer.

For the VA to presume a service connection, you must be at least 10 percent disabled. In addition, your disability must appear during a certain time period after your service. The time period varies depending on the disability.

Other diseases where the VA is likely to presume a service connection include tuberculosis, multiple sclerosis and Hansen’s disease.

PRE-EXISTING INJURY AGGRAVATED BY MILITARY SERVICE

Veterans can also establish a service connection by showing that their service aggravated a preexisting injury. An example would be a veteran who entered the service with a skin condition that was aggravated because he or she was exposed to certain chemicals.

However, the condition must have been listed on the veteran’s original medical exam when he enlisted. You also need evidence of an event during your service that made your disability worse.

If you do not have proof of an inciting event, the VA will assume your symptoms are a natural progression of your preexisting illness.

SECONDARY SERVICE CONNECTION

This refers to a secondary disability that was caused by the first service-connected disability.

It does not matter if the secondary disability is connected to your service. You just have to show that it would not have occurred if you had not suffered the first disability, which is connected to your service.

For example, there is likely to be a secondary service connection between peripheral neuropathy and service-connected type-2 diabetes.

However, you will need to have medical documentation showing that the secondary condition was caused or aggravated by a service-connected medical condition.

INJURY CAUSED BY VA HEALTHCARE

If a veteran is injured due to a treatment, hospitalization or rehabilitation by VA healthcare, the injury is deemed service-connected.

POST-TRAUMATIC STRESS DISORDER

You will need three things to show a service connection and obtain disability compensation for post-traumatic stress disorder (PTSD):

• A statement about a traumatic event that occurred during your service
• Medical documentation of a PTSD diagnosis
• A documented opinion from a VA psychologist or psychiatrist stating that the traumatic event was strong enough to cause PTSD

At the Nye Law Group, our skilled Savannah veterans’ disability attorneys will help you gather the necessary documentation to prove your medical diagnosis and establish a service connection for your disability so you can receive the benefits you deserve.

Contact us today to set up your free legal consultation so we can explain to you how we can help you throughout the claims process.

Fill out our Free Case Evaluation form or call us at 855-856-4212.