A Wrongful Death Lawsuit May Be Filed in Another State
Atlanta, GA (Law Firm Newswire) February 7, 2013 – A wrongful death lawsuit does not necessarily need to be filed in the state where a person lives.
“Wrongful death lawsuits may be filed within the state where a person lives or in another state. It all depends on where the accident happened, what happened and who was involved. This is one of the more difficult questions for a grieving family to deal with, particularly if the lawsuit needs to be filed in another state,” explained Stephen Ozcomert, an Atlanta injury lawyer, who practices personal injury, accidents and malpractice law in Georgia.
An example of how complex an accident may be involves a resident of Georgia was traveling in New Hampshire and hit head-on by a semi tractor-trailer. The driver of the car was killed instantly. The trucker was driving under the influence of drugs and texting at the time of impact. For this wrongful death, where would the lawsuit be filed? “Chances are the case would be filed in Georgia, or New Hampshire, or even in the state where the trucking company has its headquarters. There are no easy, snap answers for situations like this,” Ozcomert said.
Not all states have the same laws relating to wrongful death. “Each state is different and each has its own set of filing requirements as well. We need to determine who, what, when, where and how to file a lawsuit in cases like the one in the example. They actually happen more often than you might think, considering how mobile the American population happens to be,” indicated Ozcomert.
The laws, rules and regulations are a nightmare for a grieving family. No one should consider trying to handle a case such as this alone. There are far too many predators, such as the trucking firm’s insurance company, who would not think twice about trying to pressure the survivors to settle fast, and for less money than they would actually be entitled to get in court. As immoral and unethical as it may be, insurance companies, and those they represent, are not above trying to manipulate the system to make it work in their favor, in order to save money.
“Never tackle an accident with multi-jurisdictional issues involved on your own. Call me. I can explain how it works and offer you the best advice under the circumstances,” said Ozcomert.
Stephen M. Ozcomert, PC
215 North McDonough Street
Decatur, GA 30030
Call: (404) 370-1000
View Larger Map
- Georgia Court Addresses “Hidden Hazard” in Premises Liability Case
Under Georgia law, property owners are under a legal duty to maintain the premises, including the “approaches,” in a condition free of unreasonable risk of foreseeable harm to the invited public. Depending on the circumstances, a person who is injured on another’s property may be able to seek damages for any pain, suffering, and losses sustained. […]
- Georgia Court Addresses Wrongful Death Claims Arising From Car Accident
Car accidents have the potential to cause serious injuries and even fatalities to the people involved. According to the Governor’s Office of Highway Safety in Georgia, there were 1,223 traffic fatalities on state roadways in 2011. The causes of these devastating accidents may include poor weather and roadway conditions, driver negligence, some form of distracted […]
- Georgia Court Interprets Apportionment Statute in Car Accident Claim
Car accidents occur with some frequency on Atlanta roadways. People injured in car accidents have a variety of options when seeking to recover for injuries and damages sustained in a collision. State law governs many of these options, and it is important to understand the statutory legal requirements that apply to each case. One law […]