Last Updated on December 8, 2020 by Theodore Spaulding
Experienced Wrongful Death Lawyers
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Losing a loved one is a traumatic experience, especially if you find out your loved one was killed because of the negligent acts of a careless individual. Fortunately, you may be able to pursue legal action against the at-fault party and hold him responsible for the pain and suffering that he has caused.
Wrongful death can be caused by a number of events, including car accidents, truck accidents, slip and falls, and medical malpractice. If you have lost a loved one, talk to an attorney to see if you have the right to file a wrongful death claim.
Let one of our wrongful death attorneys review your case now by scheduling a free case evaluation. Our phone number is 770-744-0890, or you can get in touch with us by filling out the contact form on our website.
Below are some FAQs about wrongful death lawsuits in Atlanta:
- Who Can File A Wrongful Death Claim In The State Of Georgia?
- Survival Actions vs. Wrongful Death Claims – What Is The Difference?
- Who Pays the Wrongful Death Settlement?
- What Do Wrongful Death Attorneys Do?
- How To Find The Best Wrongful Death Attorney That Can Help You Win
“Ted Spaulding has been amazing for me so far. I cannot say enough about how helpful he has been. Thank God for his knowledge on things that he has taken care of. Wouldn’t have known without him. He has no problem going above and beyond in helping with any problems I have faced so far. All I have to do is contact him and it’s taken care of ASAP. He has no problem staying in touch with me. I am glad he was recommended to me and I will definitely recommend him to others.”- Ralph Jackson
“Worked with Jeremy Hayes on 2 separate cases involving family members and I couldn’t be happier with either case. He did a wonderful job explaining everything up front and was very fair, thorough and tenacious when he had to be. Fantastic job Jeremy and Spaulding Injury Law!”- Kellie Aucoin, Alpharetta, GA
“Ted Spaulding is an amazing attorney! He is very professional and trustworthy. He listened to my concerns and guided me in the right direction. I was very happy with the outcome of my case. I highly recommend Ted Spaulding for any personal injury case. He is the best!”- Connie Ledford, Alpharetta, GA
Survival Actions vs. Wrongful Death Claims – What Is The Difference?
There are two separate claims that you should talk to a wrongful death attorney about if your loved one was killed by another person’s negligence. The first is a wrongful death claim, which is filed by the surviving family members to recover compensation for losses that they have suffered or expenses they have incurred as a result of the victim’s death.
The other is known as a survival action, which can only be filed by the victim’s estate. A survival action is filed against the negligent party in an attempt to recover damages for any losses suffered or medical expenses incurred by the victim prior to his passing.
For example, let’s say the victim was involved in a car accident and taken to the hospital for treatment before eventually passing away from his injuries. While in the hospital, the victim could have incurred medical expenses and experienced a significant amount of pain and suffering. A survival action seeks compensation for the victim’s expenses and losses, so it is similar to a personal injury claim, with the difference being that the victim is deceased.
Who Pays the Wrongful Death Settlement?
In most cases, the negligent party’s insurance company will be responsible for paying the wrongful death settlement or verdict. For example, if your loved one was killed in a car accident caused by a negligent driver, the driver’s auto insurance company would be responsible for negotiating the settlement with the victim’s family.
It’s important to remember that insurance policies do have limits. If the insurance policy only covers $25,000 but you intend on recovering more than that, the insurance company will not pay the remaining balance. Instead, you will have to pursue legal action against the negligent party to recover whatever is leftover.