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Were you injured in Lawrenceville, GA or its surroundings? Our lawyers can help you recover from your losses. We have decades of combined experience handling local personal injury cases.
Having a local personal injury lawyer with experience with and knowledge of the actual value of your case is vital to ensuring you receive the most compensation possible for your injuries.
Our award-winning personal injury lawyers know the best way to go up against insurance companies because we used to work with them and use that experience to help you win.
Voted Among the Best Personal Injury Firms in Gwinnett County 6 Years in a Row by Gwinnett Magazine
The grief of losing a loved one unexpectedly can be overwhelming, especially when their death was due to someone else’s negligence or recklessness. It’s in such times that you might seek justice against those at fault. At Spaulding Injury Law, our Braselton team stands ready to fight tirelessly for you and your family.
Under the leadership of Theodore Spaulding, a Georgia attorney renowned for his top-tier 10/10 Avvo rating, we provide dedicated legal support, allowing you to focus on personal healing and remembering your loved one. With a perfect 5.0/5.0-star rating reflecting our commitment to client success, we have positioned ourselves as one of the leading law firms serving Braselton.
What Causes Wrongful Death?
Wrongful death can occur due to several reasons, including car and truck accidents, slip and fall incidents, and medical malpractice.
- Car and Truck Accidents: These are, unfortunately, common causes of wrongful death. In these incidents, a driver may be found negligent if they were driving recklessly, were intoxicated, or were not paying attention to the road.
- Slip and Fall Incidents: While these may seem like minor accidents, slip and fall incidents can result in serious injury and even death, especially in elderly individuals or those with pre-existing conditions. Property owners have a duty of care to maintain safe premises for visitors. If they fail to fix a hazardous condition on their property and it leads to a fatal accident, they could be held liable for wrongful death. Examples of hazardous conditions can include wet floors without warning signs, poorly lit staircases, or icy walkways.
- Medical Malpractice: This occurs when a healthcare professional fails to provide the standard of care expected in the medical community, resulting in a patient’s death. Examples of medical malpractice can include misdiagnosis, surgical errors, prescription errors, or failure to treat a condition promptly. The victim’s family would need to show that the healthcare professional’s negligence directly led to the death of the patient.
If such negligence has resulted in the loss of your loved one, you have the right to pursue a wrongful death claim. Our Braselton wrongful death team is ready to evaluate your case.
FAQs
Understanding Georgia’s wrongful death laws can be complex and confusing. To help with this, we’ve prepared answers to some frequently asked questions.
Who Can File A Wrongful Death Claim In The State Of Georgia?
In Georgia, the surviving spouse of the deceased typically has the eligibility to file a wrongful death claim. They represent any minor children in the claim, and the compensation awarded is shared between the children and the spouse, with at least 33% going to the spouse. If there’s no surviving spouse but the deceased had children, they can file the claim. If there is no surviving spouse or children, the parents of the deceased can claim. In cases where the deceased had no immediate family members, their estate can file a wrongful death claim.
Survival Actions vs. Wrongful Death Claims – What Is The Difference?
In the legal landscape following a person’s death, survival actions and wrongful death claims serve different purposes. Each caters to unique aspects of loss.
A wrongful death claim focuses on the survivors’ loss resulting from the untimely death of their loved one. These might include the loss of income that the deceased would have contributed to the family, loss of companionship, emotional distress, and funeral expenses.
In contrast, a survival action concerns the damages that the deceased person could have claimed if they had survived. This often covers medical expenses incurred after the incident but before the person’s death, conscious pain and suffering endured by the deceased before their death, and possibly punitive damages if the defendant’s conduct was especially egregious.
Who Pays the Wrongful Death Settlement?
Usually, the insurance company of the negligent party bears the financial responsibility for the settlement in wrongful death cases. These might include auto insurance in the case of fatal car accidents or professional liability insurance in instances of fatal medical malpractice.
However, insurance policies often have coverage limits. If the settlement amount surpasses these limits, the at-fault party may be personally responsible for the balance. In such a situation, further legal action might be necessary, a process where your Braselton wrongful death lawyer can offer invaluable support.
What Do Wrongful Death Attorneys Do?
Our wrongful death team in Braselton possesses the skills, knowledge, and experience to handle your case.
From building a compelling case demonstrating the defendant’s negligence to consulting with experts, gathering evidence, and handling all paperwork, we adopt a comprehensive approach to your case. Should your case go to trial, Spaulding Injury Law is prepared to fight for you your interests before the jury, ensuring your story is fully heard and understood.
The Process of a Wrongful Death Claim
The process of a wrongful death claim has several layers. It begins with proving that the negligence, recklessness, or deliberate action of another party caused your loved one’s death. This requires the collection of solid supporting evidence, such as medical reports, police documents, eyewitness statements, and expert opinions.
After this, a lawsuit is filed in court, detailing all pertinent aspects of your claim. The defendant is then allowed to respond, followed by the start of the discovery phase. If a settlement is not reached, the case proceeds to trial, where a judge or jury determines the outcome.
Potential Damages in a Wrongful Death Claim
In a wrongful death claim, damages are typically divided into economic and non-economic categories.
Economic damages refer to tangible financial losses stemming from the death. These include medical bills from the incident that led to death, funeral and burial expenses, the deceased’s lost income and benefits, and more.
Non-economic damages, on the other hand, compensate for intangible losses. These can include mental anguish, loss of companionship, and diminished quality of life experienced by the survivors due to their loved one’s passing.
The Importance of Prompt Action
Acting swiftly in the wake of a loved one’s death due to another’s negligence is critical in a legal context. This is largely due to the existence of a legal rule known as the “statute of limitations.” In Georgia, as in many other states, the statute of limitations for wrongful death claims is typically two years from the date of the death.
The statute of limitations is essentially a deadline for filing a lawsuit in the court system. After this deadline has passed, the court will likely refuse to hear the case, effectively blocking the path to pursuing compensation. This rule encourages prompt action and ensures that evidence is fresh and reliable. This facilitates a more just and efficient legal process.
In certain situations, this two-year window might not start from the actual date of death. For example, if the wrongful act was not discovered immediately, the clock might start ticking from the “date of discovery” of the wrongful act that caused the death.
Given this strict deadline, it is advisable to consult with a wrongful death attorney in Braselton as soon as possible following a loved one’s death. Starting the legal process promptly can ensure you have enough time to prepare a strong case. At Spaulding Injury Law, we can assist in gathering evidence and tracking important deadlines.
A wrongful death claim is a lengthy process. It involves several procedural steps, from gathering evidence and establishing liability to quantifying damages and potentially negotiating with insurance companies. All these steps take time, making it better to start early.
How To Find The Best Wrongful Death Attorney That Can Help You Win
Choosing the right wrongful death attorney amid the multitude of options can be challenging. Consider seeking personal recommendations and consulting with the local bar association.
After shortlisting potential candidates, schedule consultations to evaluate their suitability for your case. Investigate their past experience with wrongful death cases, success rate, and fee structure. At Spaulding Injury Law, for instance, we operate on a contingency fee basis. This means we only get paid if we help you recover compensation. The primary benefit of this arrangement is that it allows you to pursue legal claims without needing to pay upfront legal fees, thereby providing access to justice even for those who might not afford it otherwise.
We are always prepared to take your case to trial, if necessary, to ensure you are equipped for all possible outcomes.
Contact Spaulding Injury Law Today
Don’t hesitate to reach out to Spaulding Injury Law for your free case evaluation. Let our dedicated legal team guide you through the process of seeking justice. We are committed to fighting for your rights, providing robust representation, and holding the negligent party accountable for their actions.
Remember, the pursuit of justice begins with the first step. Your loved one’s memory deserves nothing less. Contact Spaulding Injury Law today to begin your wrongful death claim and help your family find the peace it needs. It’s time to take that first step toward justice and closure, and we are here to support you and your family every step of the way.
Practice Areas We Serve
Inadequate Security Lawyer
Back And Neck Injury
Car Accident Lawyer
Drunk Driving Accident
MARTA Accident
Dog bite Accident
Pedestrian Injury Lawyer
Personal Injury
Product Liability
Truck Accidents
Uber & Lyft Accident
Wrongful Death Lawyer
Visit Our Wrongful Death Office in Braselton
We help victims inside the Gwinnett County Area and our firm is conveniently located near Braselton. We have an office in Lawrenceville at 223 Scenic Hwy S #202 Lawrenceville, GA