Cumming Wrongful Death Lawyer
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No one wants to hear that a family member has passed away—especially if the death could have been prevented. If your family member was killed because of the negligence of another person, this is called a wrongful death.
Some of the most common causes of wrongful death are traffic accidents, medical malpractice, and slip and falls. In the state of Georgia, the victim’s family members may be able to file a wrongful death lawsuit against the negligent party.
If you’ve lost a family member in a tragic accident caused by someone else’s negligence, speak to a wrongful death attorney right away to discuss your legal options. You may be able to recover damages for expenses and emotional pain and suffering. Schedule a consultation by calling (470) 695-9950 or filling out the contact form on our website today.
What Damages Can be Recovered in a Wrongful Death Claim?
While there is no amount of money that can replace the loss of your loved one, the purpose of a wrongful death claim is to replace as much of the financial value of the loss as possible. Additionally, financial value is assigned to some of the factors of a relationship that generally do not have a dollar sign, like companionship.
Your wrongful death claim is broken down into different areas of recovery, including:
- Economic or financial damages
- Loss of companionship and support damages
The financial contributions of your loved one to your household are the first and primary element of your wrongful death claim. Your family should not be left without the financial contribution of your loved one due to a tragic accident that claimed their life. You and your family are entitled to compensation for the loss of their financial support from the time of their untimely death through their projected working life. This helps to replace the loss of financial stability of your household, with the next element addressing the emotional gap.
The loss of a loved one can also entitle you to damages for intangible losses, which address the value of the personal relationship and companionship that your loved one contributed to your household. While a financial settlement can never replace your loss, it is a way that the courts have developed to recognize the immense value of personal relationships, and the very real decrease in the value of life that happens when a loved one is lost to a tragic accident.
How Much is my Wrongful Death Claim Worth?
While you might be able to calculate some of the damages that we explored above, the exact amount that your wrongful death claim is worth requires additional calculations and considerations. For one, your damages will need to be translated into present value for your settlement amount. This means that the future value you are entitled to has to be converted into present value, taking into account inflation, the cost of living increase, and other factors.
Calculating your claim can be complex. It requires an understanding of the present and future values of money, and the way in which the insurance company incorporates this information into their negotiation process. Your experienced wrongful death attorney from Spaulding Injury Law knows the calculation methods to use and factors to incorporate to accurately and completely measure what your wrongful death claim is worth.
What Makes Wrongful Death Different from Homicide in Georgia?
While many people use the terms “wrongful death” and “homicide” interchangeably, they have different legal meanings and implications, particularly in the state of Georgia. If you’re dealing with the loss of a loved one, it’s important to understand the differences between these two concepts so you can seek the appropriate legal remedy.
Wrongful death is a civil claim that a person files on behalf of someone who has died due to the actions or negligence of another party, whether it be a person, a business, or a government entity. In contrast, homicide refers to the intentional or unintentional unlawful killing of another person and is a criminal offense under Georgia law.
While the state prosecutes criminal homicide cases, wrongful death cases are typically litigated by personal injury attorneys. The purpose of a criminal case is to punish the wrongdoer, while the aim of a wrongful death case is to compensate the victim’s family for their loss. However, defendants in civil cases can also be punished with punitive damages.
There are several other important differences between criminal homicide and wrongful death cases in Georgia. For example, the district attorney’s office will not pursue a wrongful death claim, and a civil case can still be filed even if criminal charges are pursued. The criminal code does not apply to wrongful death cases, and there is no “guilty” or “not guilty” verdict. Instead, the court will determine whether the defendant is “liable” or “not liable,” and monetary damages may be awarded if the responsible party is found liable.
Dealing with the loss of a loved one is difficult enough without having to sort through complex legal terminology and principles. If you’re struggling with the aftermath of a wrongful death or homicide, you don’t have to go through it alone. Seek the advice of an experienced attorney who can guide you through the legal process and help you get the justice and compensation you deserve.
What Are the Different Types of Wrongful Death Claims in Cumming, Georgia?
Wrongful death claims can stem from a wide range of circumstances in which a person or entity fails to exercise reasonable care or breaches their duty of care. If you have lost a loved one due to someone else’s negligence or intentional act, you may have grounds to file a wrongful death claim.
At Spaulding Injury Law, we have experience with wrongful death claims in Georgia and can help you in the following cases:
- Product liability: The manufacturer or distributor may be held responsible if a defective product causes your loved one’s death.
- Medical malpractice: When a healthcare provider breaches their duty of care, resulting in the death of a patient, they may be liable for the wrongful death of your loved one.
- Defective products: Similar to product liability cases, defects in consumer goods or machinery may result in fatal accidents and open up potential liability.
- Dog bites: The owner may be held accountable if a dog attack causes death.
- Motor vehicle accidents: Negligent driving, drunk driving, speeding, and other reckless behavior on the road can cause fatal accidents.
- Slip-and-fall accidents: Property owners have a responsibility to ensure their premises are safe for visitors. If your loved one dies as a result of a slip-and-fall accident on someone else’s property, the owner may be liable.
- Birth injuries: Medical negligence during childbirth can have devastating consequences, including the death of the mother or child.
- Uninsured motorist accidents: If an uninsured driver causes a fatal accident, the victim’s family may be able to recover damages through their own insurance policy.
- Motorcycle accidents: Motorcyclists are particularly vulnerable to fatal accidents, especially when other drivers fail to give them the necessary space and attention.
- Bus accidents: When a bus driver or company fails to take adequate safety precautions, serious accidents and deaths can result.
While the above list covers some of the most common types of wrongful death cases in Cumming, Georgia, it is not exhaustive. Any instance where a person or entity’s actions or omissions result in someone’s death may qualify as a wrongful death claim.
If you have lost a loved one under such circumstances, let Spaulding Injury Law’s Cumming wrongful death lawyers help you get the answers and compensation you deserve. Contact us today to learn more.
Your Attorney Negotiates with the Insurance Company For You
Communicating and negotiating with the insurance company to recover a fair amount of compensation for your loss can be the last thing that you want to set aside time to handle. With an experienced Cumming wrongful death lawyer from Spaulding Injury Law handling your case, you can rest assured that you will recover the full amount you are entitled to without having to handle the process on your own. Your attorney steps into your shoes and handles all of the communicating and negotiating, from claim through compensation.
Wrongful Death FAQs
Here are some questions that our Cumming wrongful death law firm has received in the past:
Wrongful Death
How To File A Wrongful Death Claim In Cumming, GA
Only certain people within the victim’s family will be able to file a wrongful death claim in the state of Georgia. The victim’s spouse is the first person who will be given the right to file a wrongful death claim.
If the victim and the victim’s spouse had minor children together, the spouse must represent the children’s best interests. The spouse and the children will split any compensation that is recovered, but the split will not necessarily be equal. The spouse is entitled to a minimum of 33%, which means each child may receive less than the spouse.
If the victim did not have a spouse, the victim’s children will be first in line to file a wrongful death claim. Some victims do not have spouses or children at the time of their deaths. In this case, the victim’s parents would be able to file the claim on behalf of their child. If the parents are no longer living, a representative of the victim’s estate can file a claim instead.
Whoever files the wrongful death claim must do so within a certain amount of time or they may lose their opportunity to recover compensation. In Georgia, the statute of limitations is two years from the date of the victim’s death. It’s best that you contact an attorney right away instead of waiting until the last possible minute. The earlier that a wrongful death attorney can begin working on the case, the better the outcome may be.
Why Do I Need A Wrongful Death Lawyer On My Side?
If you’ve lost a loved one in a tragic accident, you may have been told that you will need a wrongful death lawyer. But, what exactly is a wrongful death lawyer? This is an attorney who represents clients in wrongful death cases.
Wrongful death lawyers have a deep understanding of the law and are able to represent you through every step of the process of filing a claim. Working with a wrongful death lawyer will ensure that you receive the maximum amount of compensation.
What Does A Wrongful Death Attorney Do?
An attorney will be your most valuable asset in a wrongful death case. First, an attorney can investigate your family member’s death to gather the evidence he needs to prove liability. If you cannot prove that the defendant was liable for your loved one’s death, you won’t be able to recover compensation, so this is a very important step in the process.
If you work with a wrongful death attorney, he can handle the negotiations with the insurance company to ensure you are treated fairly and able to recover the maximum amount of compensation. If you have to go to trial, an attorney will be able to prepare your case, present it to the jury, and aggressively fight for a winning verdict.
We understand that this is a very difficult time in your life. You shouldn’t have to worry about filing paperwork, outsmarting the insurance company, and calculating the value of your claim. Leave all of this up to an attorney who can protect your best interests while you focus solely on grieving the loss of your loved one.
How To Find Wrongful Death Attorneys In Cumming, GA
If you’ve ever performed a search on Google for a wrongful death attorney, you know just how many there are within your community. With so many options, finding the right attorney for your case can seem like a bit of a challenge, but it doesn’t have to be.
Start your search by reaching out to friends or family members and asking if they know anyone that you can get in touch with. Make it clear that you are looking for a wrongful death attorney—if you don’t specify this, your loved ones may connect you with any and every type of attorney.
For more recommendations, you can also contact the bar association in your city. This organization should be able to provide you with wrongful death attorneys near you. Now that you have a short list of wrongful death attorneys from your loved ones and the bar association, begin reviewing their information online.
Check attorney rating websites like Avvo to see how each lawyer is scored. If an attorney has poor ratings on multiple websites, you may want to scratch that name off of your list.
After you have narrowed down your options to a handful of attorneys, begin scheduling consultations so you have the opportunity to ask them questions. Most attorneys will offer free consultations so you shouldn’t have to pay anything for this initial meeting.
During the meeting, ask each attorney about their experience handling wrongful death cases. How many cases have they handled? How many were settled out of court and how many were taken to trial? On average, how much compensation are they usually able to recover in these cases? Be sure to take notes during the meeting so you can keep track of everything once you leave.
At this point, you should have enough information to determine which wrongful death attorney is the right one for you.
Contact Our Wrongful Death Law Firm in Cumming, GA
If you have lost a loved one due to the negligent acts of another person, don’t wait any longer to seek legal representation from an experienced attorney. The attorneys in our law office are experienced in a number of different practice areas, including wrongful death, car accidents, truck accidents, and motorcycle accidents.
Call (470) 695-9950 or send us an email by filling out the contact form on our website to schedule a free consultation today. To learn more about personal injury and wrongful death claims in Forsyth County, read the informative articles on our blog.
Spaulding Injury Law Cumming Personal Injury Lawyers is located at 5860 Bond St, Cumming, GA 30040, United States.
