If you are injured by another driver’s negligence in a car accident in the State of Georgia, your claim will be governed by state laws that determine the legal standards as they relate to negligence and compensation. If this is the difficult situation you find yourself in, a better understanding of the legalities can help, and having an experienced car accident attorney from Atlanta in your corner is well-advised. 

What the Law Says

One of the primary laws that guide Georgia car accident claims is Georgia Code Section 9-11-67.1 (OCGA 9-11-67.1), and in 2021, a newly enacted version of this code section was implemented. And there are several important takeaways – that could affect your claim arising out of a car accident that occurred after July 1, 2021 – to explore.  

Limiting the Terms that Can be Included in Your Demand

Georgia’s Code includes five material terms that must be included in every pre-suit settlement offer made by insurance companies, including:

• The time frame in which the offer must be accepted, which cannot be less than 30 days from the receipt of an offer
• The amount of payment
• The parties who will be released in the settlement 
• The type of release (as applicable)
• The claims released by the settlement

Release here means that the matter is settled about the issue at hand. While claimants in the past were not barred from including additional requirements, the code’s latest version no longer allows this practice. 

The Definition of a Counteroffer

Before the code shift in 2021, claimants’ pre-suit demands could require that insurance companies meet each term included, and any deviation on the part of the insurance company would render its response a counteroffer, which amounts to a rejection of the demand. Now, if your demand includes a release (stating that you will release your legal rights in the matter in exchange for a specific amount of compensation), the insurance company’s own release, which may include contradictory terms, will not be considered a counteroffer. Even if your demand does not include a release, the insurance company can forward its own, and it is unlikely to be considered a counteroffer. 

Time Expansion

Georgia’s revised code allows claimants like you additional time to serve the insurance company with a time-limited demand. In the past, such demands had to be made prior to filing a lawsuit against the company, but the new statutory framework allows such demands to be made at any time before the insurance company files an answer to the lawsuit you’ve filed. 

The bottom line is that Georgia’s revised code makes an already challenging legal matter somewhat more so, and working with a dedicated car accident attorney from the outset is in your best interest.  

Discuss Your Claim with an Experienced Atlanta Car Accident Attorney Today 

The practiced car accident attorneys have an impressive track record of helping clients like you achieve advantageous claim outcomes, and we’re here for you too. Learn more by contacting us online or calling us at 770-744-0890 today.

Posted in Georgia, Personal Injury | Comments Off on OCGA 9-11-67.1a: Georgia Laws on Injury Settlements

If you have been injured by someone else’s negligence, it is likely to leave you feeling shocked and uncertain – in addition to being injured and in pain. In other words, you’re vulnerable and need professional legal counsel on your side. 

You found a lawyer whom you’ve been working with, but you may have doubts about whether or not you’ve found the right lawyer for you. This might happen if you don’t feel like your case is progressing, don’t feel like your case is receiving the attention it requires, or have any other misgivings. 

Many people are hesitant to fire their lawyers – or believe that it isn’t their right to do so – but the fact is that if you believe your lawyer isn’t doing your case justice, it is your right to fire them and hire another, and you are well advised to do so.

You always need to find the right personal injury attorney for you and your situation. 

 

It All Comes Down to Trust

The relationship between a client and their lawyer is forged on trust, and if your personal injury lawyer has done anything that makes you doubt any of the following, it may be time to reconsider your original choice:

• That your lawyer is doing everything they can do to advance your claim
• That your lawyer is committed to skillfully advocating your claim’s optimal outcome
• That your lawyer has the legal insight and resources to get the job done
• That your lawyer is receptive to your concerns and has the reasonable availability you’re looking for 
• That your lawyer is effectively negotiating with the insurance company handling your claim 
• That your lawyer cares about the outcome of your claim
• That your lawyer is prepared to or interested in going all the way with your claim and taking it to court – or proceeding in that direction – if it becomes necessary to do so

While it’s important to recognize that your claim is unique and will proceed according to its own specific circumstances, your dedicated personal injury lawyer should be keeping you up to date, sharing all progress and setbacks with you, and ensuring that you are well aware of what’s going on with your claim, and if you aren’t feeling it, don’t be afraid to take action.

 

Lack of Communication

The Georgia Rules of Professional Conduct share that lawyers should not only be professional and diligent but must also maintain communication with a client concerning the representation. In other words, it’s not enough that your lawyer advances your claim – they need to keep you in the loop. Yes, your lawyer is working for you, but you are also a team, and they shouldn’t be making decisions on your behalf without your approval or advancing your claim without your input. A personal injury lawyer who fails to engage in clear communication is not the lawyer for you. 

 

Failure to Strategize

You have been harmed by someone else’s negligence, and seeking the compensation to which you are entitled is paramount. Your claim, however, is not going to resolve itself favorably on its own. To begin, you’ll need to demonstrate that each of the following necessary elements is present:

• The other party owed you a duty of care, which means that they had a responsibility to you and your safety. For example, if it was a traffic accident that caused you to be injured, it’s established that you and the other driver owed each other a duty of care. 
• The other party breached the duty of care owed. For example, if the other motorist was speeding when they slammed into you at a red light, they failed to live up to their responsibility. 
• The other party’s negligence was the direct cause of the accident or incident that caused you to be injured.
• You suffered losses – or legal damages – that are recognized by the law as a result of the other party’s negligence. 

Your personal injury lawyer is tasked with proving that each of these elements is present, and one of the most important aspects of their work is highlighting the losses you experienced in each of the following categories as a result of that other party’s negligence:

• Property damage, such as to your vehicle in a traffic accident
• Your medical expenses, current and ongoing
• Your lost income, current and ongoing
• Your physical and psychological pain and suffering

Bringing your strongest claim requires a legal strategy, and if your personal injury lawyer is all over the board or isn’t drilling down into the losses you’ve experienced, having a serious talk with them regarding strategy is a good idea.

 

Professionalism

Your lawyer is a professional who should comport themself in a professional manner. If yours is late to meetings with you, isn’t available for scheduled calls, fails to meet deadlines related to your claim, isn’t prepared for court dates, or simply doesn’t strike you as acting like a lawyer who is focused on your best interests should, you shouldn’t turn a blind eye. 

 

Reach Out for a Heart to Heart

If you have reached the conclusion that you need to go in a different direction in terms of your personal injury lawyer, the first order of business is to let them know what you’ve decided and why. This is an opportunity for your lawyer to redeem themself. While there’s a possibility that you’re not aware of everything that’s going on behind the scenes, the bottom line is that you should know. If your lawyer does have plausible explanations for you that bolster your confidence, your next move is up to you. Something, however, got you to the point that you needed to have this talk, which makes proceeding with caution well advised. 

 

An Experienced Georgia Personal Injury Lawyer Can Help

If you need a personal injury lawyer who’s committed to your claim, is responsive, and has the resources necessary to get the job done, the seasoned Atlanta personal injury lawyers at Spaulding Injury Law are well-prepared to help. To learn more, please don’t wait to schedule your free consultation by contacting us online or calling us at 770-744-0890 today.

Posted in Personal Injury | Comments Off on Can I Fire My Lawyer?

Everywhere you look these days, prices are on the rise. Perhaps the most painful of all increases is the one experienced at the pump. Many Atlanta families have already reworked their budgets to cut out or decrease non-essentials such as entertainment and travel to help lessen the impact. If family vacations are on your wallet’s chopping block, you should know that you may still have some viable options. Atlanta is well within a short drive of many fun and interesting places. Consider these five short family road trips from Atlanta to help fight rising gas prices.

Macon, Georgia

If your family is ready to get away from city life, this is the road trip for you. Macon is located only 84 miles (approximately 1 hour 20 minutes) south of Atlanta. Here you can feast on amazing food in the local cafes and restaurants, listen to some live music, or even attend one of Macon’s numerous festivals throughout the year. For example, in April, they host a craft beer festival, and in October, the Central Georgia Greek Festival with live Greek music, dancing, food, and tours of the restored Holy Cross Greek Orthodox Church.

Fans of the Allman Brothers will want to check out the Big House Museum. History lovers will enjoy Ocmulgee Mounds National Historical Park with Southeastern Native American artifacts, buildings, and mounds from ancient times. Other popular attractions include:

• The Georgia Sports Hall of Fame—a 43,000-square-foot state-of-the-art museum with over 3,000 artifacts.
• Hay House—a seven-level Italian Renaissance Revival mansion built in the mid-1800s named “The Palace of the South.”

Stone Mountain Park, Georgia

About 20 miles or 40 minutes outside of Atlanta, you’ll find Georgia’s most visited attraction, which receives more than four million visitors annually. Stone Mountain Park is large with countless trees and paths and is surrounded by Stone Mountain Lake, Venable Lake, and Howell Lake.

This mountain is the largest single piece of granite globally and hosts a substantial Confederate Memorial Carving on one side. Visitors here can use a dedicated trail to climb to the top of the mountain or participate in the base’s numerous activities, including golf to train rides. There are also various activities and events here throughout the year, including an amazing laser lights show in the summer.

Augusta, Georgia

If you’re up for a bit of a longer drive, take the family to Augusta. Located about 145 miles or two hours and ten minutes from Atlanta, this city is the second oldest in the state. Walk along Broad Street, and you’ll find a mix of cafes, galleries, and over 150 restored classic buildings. Just two blocks away from the Savannah River, you’ll find the Augusta Riverwalk. There are many options for lunch or something to quench your thirst, as well as the Morris Museum of Art, which is located at the western end of the walk. If you’re a James Brown fan, be sure to check out the Augusta Museum of History, which features a section dedicated to his life’s work.

Callaway Gardens, Georgia

Callaway Gardens is a 79-mile drive from the city or about one hour and 20 minutes away. The perfect time to take this road trip is in April when the azaleas are in full bloom. This 6,500-acre garden features a few small lakes with a perfect mix of flowers, woodland areas, and attractions. There are even two golf courses here.

A 10-mile trail runs through the grounds connecting the garden’s different parts, including Robin Lake. Here you’ll find the world’s largest man-made beach and the Cecil B. Day Butterfly Center, home to more than 1,000 butterflies inside. The main attraction is the Overlook Azalea Garden boasting many different types of azalea flowers. Feel free to sit and relax on a bench in the shade taking in the various colors.

Chattanooga, Tennessee

If you feel like leaving Georgia, travel 118 miles or slightly less than two hours to Chattanooga, TN. This city has recently transformed into a popular destination as it has evolved to match its stunning surroundings. Chattanooga is home to the Tennessee Aquarium, which houses the largest freshwater aquarium in the world, among its other fascinating exhibits. It’s a newer aquarium with beautifully decorated state-of-the-art facilities that feature sea, river, and lake creatures.

Be sure to take the trail up to Lookout Mountain, sitting high above the city on the Georgia border. Within walking distance of downtown Chattanooga, you’ll find the spectacular Ruby Falls, the tallest waterfall in the deepest commercial cave in the United States.

 

Road Trips and Car Accidents

You certainly don’t have to break the bank and drive or travel very far outside of Atlanta to have an adventure or some fun. The bad news is you also don’t have to travel far to be at risk of an accident. Car accidents can happen anywhere- a block from your house, an hour or two away while on a road trip, or across the country. All it takes is one negligent driver to ruin your entire trip. Now instead of enjoying a relaxing day or weekend away, you are in the emergency room with injuries or worried about how you will pay for the damages to your vehicle.

At Spaulding Injury Law, we understand. We know what it’s like to go from being on a relaxing and memorable road trip one minute and in the back of an ambulance the next. While we can’t undo what has happened, we will be with you every step of the way going forward. Our Atlanta car accident attorneys will thoroughly investigate your case to determine who is liable. We will hold them accountable for the damages you suffer. If our negotiations don’t result in a full and fair settlement, we aren’t afraid to represent your claim in court.

Find out more about our services by calling us at 770-744-0890 or contacting us online today. We offer free car accident consultations to get your claim started.

Posted in Atlanta | Comments Off on 5 Short Family Road Trips From Atlanta to Help Fight Gas Prices

In this video, attorney Ted Spaulding reviews why is it important to properly identify the tractor-trailer involved in your motor vehicle wreck. He explains the nuances of truck accident cases and how these details help in a truck accident case.

Why is it important to properly identify the tractor-trailer involved in your motor vehicle wreck? Hi, I’m Theodore Spaulding. I’m an Atlanta personal injury trial attorney. I’m the founder here at Spaulding Injury Law. So to answer this question, it seems odd at first. Why do we worry about this? Well, what I mean by properly identifying the tractor-trailer involved is several things. One, obviously making sure that we had the exact tractor-trailer involved in the wreck, there was no hit and run. This is the vehicle involved. Number two is to properly identify it, meaning are we dealing with a commercial trucking company that’s interstate versus intrastate. Different laws may apply depending on whether you’re talking about a interstate tractor-trailer company involved which is one that travels throughout the entire country, and one that is only local to Georgia, meaning they do not deliver goods, products anywhere else other than in the state of Georgia. Totally different laws that may apply. You got to know that, that means insurance laws may be a little bit different, etc.

So that’s what I mean by properly identifying the tractor-trailer involved in your wreck. Some other angles would be is it an intermodal-type truck. That has some other nuances to it. And then, of course, you’re gonna want to find out what is it carrying? Does it have any contracts? Is it leased out? All of those things. All those things flow from properly identifying the tractor-trailer that’s involved in your wreck. Again, whether it’s intrastate versus interstate and finding the company involved, finding out is it a leased tractor-trailer, is it owned by the company and not leased. These are all things identifying that tractor-trailer is really gonna help you nail down and it will help the case as it moves forward.

So I hope this answers your question. If you have any others or if you have a claim or case you’d like to see if my firm can handle, please respond to this video below or go to my website, spauldinginjurylaw.com, we have a contact form on there that you can fill out. And I got two phone numbers for you as well, 770-744-0890 or 470-695-9950. Thanks for watching this video.

Posted in Uncategorized | Comments Off on Why It Is Important To Properly Identify The Tractor? – Trailer Involved In A Wreck

Anytime a large commercial truck crashes, our wrongful death attorneys know there is the potential for devastating damage and injuries. However, the risks of injury increase substantially if the truck is carrying toxic chemicals or substances.

Trucks that carry hazardous materials are referred to as HAZMAT trucks and it requires additional training and a special endorsement for truck drivers to operate these trucks. However, even with this additional training and qualifications, drivers can still make mistakes and the results can have widespread effects. In the event of an accident, an Atlanta truck accident lawyer can help.

Toxic Chemicals Released Into the Air

At the end of last year, two tractor-trailers crashed, one of which was carrying a variety of swimming pool cleaning supplies, including chlorine, oxidizers, and other substances that are corrosive. A fire started, releasing toxic chemicals into the air with the smoke. In addition, because of the nature of the chemicals, when emergency workers used water to put out the fire, even more chemicals were released into the air.

The following occurred as a result of this toxic crash:

• The highway was completely closed to allow for clean-up efforts
• People in nearby homes and businesses were first ordered to remain inside
• Authorities then ordered the evacuation of everyone in the affected region
• School buses were not permitted to pick up children in the area to take them to school

While there were no specific reports of serious injuries from the crash, others who are near toxic truck accidents are not so lucky. If a truck collides with a car and flammable toxins explode, all of the motorists can suffer severe burns or may not survive. If you have lost a loved one in a truck accident, contact a wrongful death attorney right away.

Who is Liable for Injuries or Wrongful Death?

As with any commercial truck accident, determining liability for a toxic truck crash can be challenging, as many parties many have contributed to the crash. Some parties that may be held liable include:

• Truck Drivers – For driver errors, such as distracted, impaired, or fatigued driving
• Trucking Companies – For negligent hiring, allowing unqualified drivers to operate HAZMAT trucks, or other negligent practices
• Cargo Loaders – For not properly loading the chemicals or cargo, so the trailer was thrown off balance
• Manufacturers – For selling defective truck parts that caused a malfunction

After any type of commercial truck accident, you need a wrongful death attorney on your side that has the resources to handle these complex and often challenging cases with as little stress as possible on you. Please call the skilled wrongful death attorneys at Spaulding Injury Law at (770) 758-1382 to discuss your case today.

1. https://www.fmcsa.dot.gov/regulations/hazardous-materials
2. https://abcnews.go.com/US/authorities-warn-toxic-air-semi-crash-spills-hazardous/story?id=44183721

Posted in Uncategorized | No Comments »

As experienced truck accident lawyers, we are aware of the legal distinctions and differences in the way that truck crashes are handled versus typical car accident cases. However, it might surprise those who have never been involved in a personal injury case involving a truck crash that these types of collisions are distinctly different from common car accidents. For this reason, it is important to hire an experienced truck injury lawyer who knows the ins and outs of these cases.

Determining Liability in Personal Injury Cases Involving Commercial Truck Accidents

Generally, in a car accident injury case, the only defendant in the case is the driver. This is not the situation with truck accident claims in Atlanta. When a truck is at fault in a collision, there are quite often multiple potential defendants (i.e. the driver, the owner of the vehicle, the transport company, etcetera). The following is a breakdown of the potential defendants and the corresponding theories of liability associated with each one beyond just the truck driver him or herself.

When Are Employers Liable For A Tractor Trailer Crash in Atlanta?

This could exist in a situation where the driver is a company employee. Particularly if the company required the driver to do something that led to the accident. Most often our truck accident attorneys see employer/trucking company liable in the situations where the company itself had a long history of trucking regulation violations; failed to properly maintain the tractor and/or trailer involved in the wreck; or was negligent in the hiring and retention of the truck driver because of his or her poor driving history.

For instance, if a trucking company hired a driver out of Atlanta, but overlooked the fact that he served time in DeKalb County for vehicular manslaughter, and his license had been revoked, they would have a tough time beating a negligent hiring claim in a Georgia court.

When Can A Trucking Attorney Hold Leasing Companies Liable?

This occurs when a company leases a truck and the driver is a known operator/leasee. The leasing company could potentially be partially liable for the truck crash.

Why Are Brokers Often Held Liable For Trucking Accident Injuries?

A middleman works with the shipper and the driver to coordinate a shipment for hire. The broker could be shown to be liable by an effective truck accident lawyer

How Can A Truck Wreck Attorney Hold Shippers Liable For Your Injuries?

If a load is packed improperly, and that improper packing results in an accident, the company that prepared the load would be liable by your truck accident lawyer.  There are several other ways the shipping company itself could be partially at fault for the accident.

Why is it Difficult to Reach A Truck Accident Case Settlement in Atlanta?

The fact that there are so many potential defendants in each and every tractor-trailer accident case in Georgia makes these cases much more difficult than your traditional car accident case. Another good example of the complicated nature of these cases can be found in the number of ways the truck driver him or herself can be found to be liable for the accident.

For example, driver fatigue is an often cited reason for tractor-trailer accidents in Georgia.  So much so that the State of Georgia and the Federal Government have set strict limits on how many hours a commercial truck driver can operate his or her vehicle in a given period. Truck drivers are actually required to log these hours. If the logbook shows that the driver has exceeded those hours, the plaintiff’s attorney may make a case based upon this theory of liability alone.

If you or a loved one has been involved in a truck crash around Atlanta or anywhere else in Georgia, you should contact an experienced, reputable truck accident attorney—one who handles truck crash claims in Atlanta.

Posted in Uncategorized | No Comments »

Before answering this question, allow us to explain what a “spoliation of evidence letter” or “preservation letter” is. This letter is sent to the trucking company for the at-fault driver requesting that it preserve certain evidence or potential evidence that may be relevant to your injury case against it and its driver. It helps fight against the destruction of evidence that is helpful to your Atlanta truck accident lawyer.

Great. You now know what it is but why is it so important?

First, because by the time you decide you need to pursue a claim against the trucking company for your injuries, several investigations into how the truck accident occurred have already taken place. This means you are already behind on your investigation into the cause of the accident before you even begin.

Who has already investigated the accident? For starters, law enforcement and/or the DOT or both have likely already conducted an investigation. Most importantly, the trucking company and/or its insurance company have. Once these investigations are done, typically the trucking company is free to repair or replace the truck involved in the accident and can destroy any other evidence related to the cause of the accident.

Second, because the DOT only requires trucking companies to keep certain records such as driver logs and on-board computer readings for six months. Therefore, many trucking companies have procedures where this evidence is destroyed immediately after the six month period has elapsed.

What Sort of Evidence Is Important to Preserve?

Our standard practice is to ask that any relevant evidence regarding the driver, the truck and trailer involved in the accident and the trucking company regarding maintenance and safety issues be preserved. Here is a list of typical items of evidence that are crucial to request preservation of:

• Driver logs of the at-fault driver;
• On-Board computer records;
• Bills of Lading re: the truck and driver;
• Dispatch logs and other records;
• Accident investigation records, photographs, videos etc.;
• Daily Inspection Reports;
• Drug and alcohol tests taken post accident;
• Maintenance and inspection records of the truck and trailer involved; and
• Trucking company safety records; employee records; maintenance records.

The above are just a few of the general categories of evidence a good spoliation letter to a trucking company after a truck accident should cover. A good spoliation letter is just one of many reasons why it is always advisable to speak to a qualified truck accident lawyer about representation of your tractor-trailer accident case. There are simply too many issues to be addressed to protect your rights to go it alone.

Posted in Uncategorized | No Comments »

In this video, trial attorney Ted Spaulding reviews liability in personal injury cases during truck accidents in Georgia. 

Hi, Ted Spaulding here, founder, lead trial attorney at Spaulding Injury Law. Thanks for watching this video. We’re gonna answer the question, who is liable in a truck accident in Georgia? So, the answer to this question is really important. It’s a great question to ask if you’re involved in a truck accident case here in Georgia. We’re talking tractor-trailer, semi, 18-wheeler, a commercial vehicle, all of those kind of fit in that same category. So, who’s liable? Well, in your standard tractor-trailer wreck case, there are multiple potential people entities that could be responsible for your wreck, and they all can be responsible in tandem, if you will. And that’s what makes truck accident cases so difficult to handle on your own. And why I always recommend if you’re in a serious truck accident, you need to speak with a lawyer and hire a lawyer. There are too many variables to do this on your own.

So who’s potentially liable? Who can you sue is the question. So, number one, the truck driver themselves, all right? They are one of the ultimate responsible parties, right? They’re the ones that were negligent, either violated a federal law, or a Georgia rules of the road law, right, in causing this wreck. Number two is their company, if they’re on the job at the time of the wreck. Ninety-nine percent of the time they are. So, the trucking company would be the next party to look at for potential liability. Beyond that, it starts to get tricky, and it depends on what the facts are. So, one, there could be a shipping company that performed negligently in the sense that they hired to have this truck loaded, and the trailer may be overloaded, and that’s part of why this occurred. They could be responsible for certain federal regulation violations, multitude of things. Beyond the shipper could be an independent dispatch company that might be like a logistics company that might be involved in hooking up the trucking company with the shipper or with the product, buyer or the seller, you never know. So, they could be involved, the buyer or the seller could be involved. There’s so many different layers that could occur here. You got to know what you’re doing. And that’s why you got to hire an attorney that handles these types of cases. Not every personal injury lawyer really has a lot of experience with truck accident cases, they are more difficult. We’re typically talking much larger injuries, therefore more at risk, there’s more insurance coverage involved. All of these factors create this environment where the stakes are really high. The other side’s gonna hire lawyers very quickly, I’ve done a couple of other videos and articles on this subject matter. You’re already behind the eight ball, you got to get a lawyer involved starting to investigate for this exact topic who all is potentially at fault. You need to get in there and start that investigation immediately.

So, that hopefully answers the general question of who all is potentially at fault in a truck accident case in Georgia. Please comment to this video below. Go to our website if you have any other questions related to tractor-trailer, semi, 18-wheeler, commercial vehicle truck wreck cases. We have a ton of information on our website at spauldinginjurylaw.com. Reach out to us, we’d be happy to answer any questions free of charge. We wanna make sure everyone understands their rights, understands what their case is all about. Thanks so much for watching this video.

Posted in Uncategorized | No Comments »

In this video, attorney Ted Spaulding explains how damages work in a wrongful death case. He reviews how to differentiate a wrongful death claim and an estate claim, and how damages are actually defined. 

What damages are available in a wrongful death case in Georgia? Keep watching this video to find out.

Hi, I’m Theodore Spaulding. I’m an Atlanta personal injury trial lawyer and I’m the founder here at Spaulding Injury Law.

So we do a lot of wrongful death cases, unfortunately. They’re very sad cases to handle, but the question always becomes what damages are we pursuing? And this is a real nuance here. Why? Because I’ve got other articles and videos on this, there are two claims available. There’s a wrongful death claim and there’s potentially an estate claim. Two totally separate claims. So what we’re talking about here is the wrongful death claim, not the estate claim. The estate claim is for medical bills, funeral costs, lost earnings, those sorts of things, okay. The estate has those claims. The wrongful death claim, and therefore the damages that you’re pursuing in a wrongful death claim in Georgia, that is for the life of the deceased. So your family member, that is the item of damage that the jury is trying to come up with, not pain and suffering, that’s the estate claim. It is just what is the value of the life of the defendant? Okay. I mean, I’m sorry, of the plaintiff.

So you’re having to pitch to 12 jurors, this is the life that this person led, this is how much life they had left in front of them, things that they were doing or were going to do, children that they were going to raise, all these things to give the jury enough evidence to come up with a value of the life missed, basically, of this individual. So naturally, if you have a 20-year-old, who has a much longer lifespan, that’s probably gonna have more value than a 60-year-old, right? Because the jury is trying to determine, and it’s the value to that deceased person, by the way.

So this is where it gets even more complicated. It’s not the value to the family. “Oh, I miss my brother,” you know, “It’s really hard on me. I’m in therapy.” No, that’s not the damages. The damages are what is the loss of life to the deceased, and then the family is being compensated for that. So it’s a strange nuance. It’s what we have to do at a trial of a wrongful death case is to teach the jury this and make sure they understand that’s what they are determining under the law is the damages for that person’s loss of life and their future life. So hopefully that helps you out, answers your questions. If it does not, or if you have a claim or case you’d like to see if my firm can handle, please respond to this video below.

Go to my website, spauldinginjurylaw.com. We have a contact form on there and we’ll reach back out to you, or give me a phone call, 770-284-3673 or 470-291-4361. Thanks so much for watching this video.

Posted in Uncategorized | No Comments »

In this video, attorney Theodore A. Spaulding reviews the requirements for filing a wrongful death claim in Georgia. He explains the levels of consideration required and which parties hold the most decision-making power. 

Who can file a wrongful death claim in Georgia?

Keep watching this video to find out.

Hi. I’m Theodore Spaulding. I’m Atlanta personal injury trial lawyer and I am the founder here at Spaulding Injury Law.

So this is a really important question in wrongful death cases. Who’s got the claim? The injured party, unfortunately, has died, so they obviously can’t bring the claim themselves, right? So what Georgia has done is set up a statutory scheme that lists, in order of importance, of who has the claim and you, kind of, go down that list. If you don’t have the first person, you go to the second. If the second person isn’t there, you go to the third.

And so naturally, it all starts with spouse. If the deceased was married at the time of the incident, then the spouse is the one that has the ultimate claim rights. Okay, now, the spouse has it along with any children. So that’s very important. The spouse can’t just file this claim, prosecute it, receive a settlement or a verdict from a jury, and not have compensation available for the children of the deceased. Okay? So that’s really important to know. So it’s not a race to the courthouse for that reason.

So the first level would be spouse and any children. Okay? So the spouse would be the one to do it for the children, obviously, certainly, if they’re minors. If they’re not minors, the children can come in separately. But typically, there’s not a need to do that. If you’ve got the spouse, the children are involved, everybody gets along, can pursue it together. Then if there is no spouse, it’s the children. If there are no children involved, okay, then it would go to parents. So just like spouse and children, if you fall down to the parent level, then it is one or both of the parents, all right, can pursue the claim. So mom and dad or mom or dad can pursue it and have that claim going forward. And then it goes down from there.

If you don’t have any parents that are living, then you’re going down further. It’s almost like estate planning. You’re going down the kinship route, you know. Then do you have siblings of the deceased, okay? Do you have other next of kin? And you, kind of, keep going down. Normally, you get to spouse, children. Rare, no spouse, no children, it’d be parents. Obviously, when you have an unfortunate event of a child who dies, then it will be parents, right, because they’re not married yet. They don’t have children of their own. But with adults, it’s hard…typically, you’re not going to get past the spouse or living children.

So got to look at that statute, got to follow it, got to make sure the proper party or parties are pursuing that wrongful death claim.

All right. The other is the estate. The estate always has a claim, but it’s not a wrongful death claim, so that, I’ve got other videos and articles on that. That is a distinction that everyone needs to know and you’ve got to have a wrongful death lawyer that knows what they’re doing to know the difference between the wrongful death claim and the claim that the estate may have, two totally separate claims. So be careful with all these steps in your wrongful death claim.

So anyway, I hope this answers your question. If you have any others or if you have a claim or case that you’d like to see if my firm can handle, please reach out to me. Comment on this video below. Go to my website, spauldinginjurylaw.com. We have a contact form on there, fill it out, we’ll reach back out to you. Or give me a phone call, I’ve got two phone numbers for you: 770-758-1382 and 470-291-5078. Thanks for watching this video.

Posted in Uncategorized | No Comments »