Recognized Buford Wrongful Death Lawyers
When others are careless, it can cause an immeasurable loss for your family, and a variety of accidents can cause wrongful death. Common events that lead to wrongful death in Buford include truck accidents, medical malpractice, car accidents, slip and falls, and more.
You can feel helpless when a loved one dies. There is no remedy to bring them back, but legal options are available. You might have the right to file a wrongful death claim.
Allow our Buford wrongful death attorneys to review your case during a free initial consultation. Spaulding Injury Law is here for you during this difficult time.
The differences between wrongful death claims and survival actions
There are two processes for getting compensation for a loved one’s death in Buford. You can file a wrongful death claim or pursue a survival action. You should discuss the best path with our Buford wrongful death lawyer. Eligible surviving family members file a wrongful death lawsuit. You are looking to recover compensation for the losses you have suffered and expenses you incurred from your loved ones’ death.
The other option is a survival action that can be filed through the victim’s estate. These actions are taken against the negligent party. It is another attempt to recover damages for losses and medical expenses incurred by the deceased. It is similar to other personal injury claims and wrongful death actions. The critical difference is how the claim is filed. Survival actions are through the estate, and wrongful death is through the family.
Who is at fault for wrongful death cases?
As we mentioned, a wrongful death can occur in many ways. The basis for your claim will depend on an entity being at fault due to negligence. You can hold them accountable when you find out who is responsible. Potential at-fault parties for wrongful death cases include:
- Medical staff
- Auto part manufacturers
- Product manufacturer
- Drivers
- Pharmaceutical companies
The cause of the accident will determine who is at fault. Our Buford wrongful death lawyer will investigate the incident to uncover the responsible party.
Who pays for wrongful death settlements?
When a negligent party causes the death, they are responsible for paying your losses. As you might assume, the at-fault party cannot pay for these losses out of pocket. You would be correct, but they do have insurance policies. When the negligent party has an insurance policy, their insurer will pay your wrongful death claim.
The most common example is wrongful death stemming from a car accident. The driver’s insurance company is responsible for negotiating a settlement with the surviving family. However, insurance companies can be difficult, and you want an experienced attorney from our team handling your wrongful death claim.
Who can file a wrongful death claim in Buford?
The parties who can file a wrongful death claim will vary by state. Most often, the surviving spouse is the first person eligible to file a wrongful death claim in Buford. The spouse will also represent any underage children during the claims process. If there is a spouse and children, compensation awards are split evenly amongst them. Spouses will receive a minimum of 33% of the payment.
When no surviving spouse exists, the children are next in life to seek wrongful death claims. If there are no surviving children or spouses, the next people who can pursue damages are the victim’s parents. In cases where none of these family members are alive to file a wrongful death claim, the estate will have a chance to take legal action.
Finding the best wrongful death lawyer in Buford
There are countless wrongful death lawyers in Buford. This makes choosing the best one for you challenging. Through your grief, you might choose the first lawyer you find on a Google search. Spaulding Injury Law advises against this. You can start your search by asking friends and loved ones for recommendations. You also look at reviews about the law firms you are narrowing your search. The most significant factor is the lawyer has experience in wrongful death cases. You cannot hire a general lawyer to secure compensation for your loss.
Aside from a generic online search, you can also call your local bar association. You can create a short list of potential law firms or lawyers based on the bar’s recommendations and your research. Next, you can begin scheduling consultations. Wrongful Death lawyers in Buford offer free consultations.
You will describe your situation to the wrongful death lawyer during an initial consultation. This is also the time to ask them about her experience, how many years they have practiced law, and their track record of success. These and other questions will help you narrow down your list further. You will want to discuss costs and pricing. Spaulding Injury Law works on a contingency fee basis. We will not get paid unless we help you recover compensation.
When choosing your Buford wrongful death lawyer, one final factor to consider is their trial experience. Wrongful death cases are contentious, and they require substantial payments. That can often lead to litigation actions and going to trial. Many wrongful death claims statewide are resolved out of court. However, you will want a firm ready for trial if needed.
Time limits for filing wrongful death claims in Buford
The time limits for wrongful death claims are stringent and complex. Families have two years from the death date to take action. When the injury involves medical malpractice, the deadline is short. The sooner you discuss your claim with a Buford wrongful death lawyer, the better equipped we will be to meet these and other relevant deadlines. The longer a case goes, the more challenging it can become regarding evidence and negotiations. Persevering evidence and statements from the beginning is beneficial.
The deadlines will change if you have not gone through the probate process. This process involves an executor handling an inheritance. You might have longer to file a wrongful death action. The deadline can move to five years, depending on the probate process. It is challenging to determine which deadline will apply to you. However, our Buford wrongful death lawyer knows these processes and deadlines. We will ensure you are equipped to face any legal complexities that come your way.
Role of a wrongful death lawyer
The primary goal of a Buford wrongful death lawyer is to take legal action and recover compensation for your loss. Among the services and responsibilities we provide is proving liability. This is also one of the most contentious parts of a claim. It is labor intensive, often requiring witness interviews, gathering strong evidence, and consulting with medical professionals. We may also need to employ accident reconstruction experts.
Another necessary element of wrongful death claims is to calculate your compensation award. To seek compensation, you must know what your losses are and what your case is worth. This is a challenge for grieving families because your focus is on other things. The Buford wrongful death lawyer from Spaulding Injury Law will calculate your losses and seek payment for:
- Loss of companionship
- Pain and suffering
- Wage and benefit loss
- Loss of household contributions
- Medical expenses
- Emotional distress
- Funeral and burial expenses
We do not enjoy this process. We know it feels impossible to have to put a price tag on your loved one’s life. The insurance company doesn’t care how much the person means to you. Their concern is paying you less for your loss. Our concern is getting you the maximum payment for this loss.
It is common to see these claims being miscalculated when families do not have the help of a Buford wrongful death lawyer. A Buford wrongful death lawyer knows how to assess the case’s value and the financial support you need from this loss. We will also consider your emotional pain and suffering.
What sets Spaulding Injury Law apart?
You want a Buford wrongful death attorney who treats you like family and takes on some of the stress of losing a loved one from negligence. Some things that set us apart from other law firms include:
- Theodore Spaulding works diligently while your family grieves
- He has an Avvo rating score of 10/10
- Our clients leave honest reviews about their positive experiences working with our award-winning law firm.
- We have 5/5 stars based on client reviews
- We provide aggressive representation for grieving families
Losing a loved one is the most traumatic experience that a family will suffer. When the cause of the death is negligence, that can worsen the situation. We cannot bring your loved one back but can pursue legal action against the at-fault party.
Speak to a Buford wrongful death law firm today
The team at Spaulding Injury Law is compassionate and understanding of your situation. We know this is the worst time for families. You are grieving your loved one and now must learn to live without them. Our Buford wrongful death lawyers understand how critical justice is for families to get past this and find closure. Spaulding Injury Law has been helping clients in situations similar to yours for years. Schedule an initial consultation with our team today.
Types Of Cases We Handle
Buford Motorcycle Accident Lawyer
Buford Drunk Driving Accident Lawyer
Buford Uber & Lyft Accident Lawyer
Buford Back and Neck Injury Lawyer
Buford Inadequate Security Lawyer
Buford Pedestrian Accident Lawyer
Buford Product Liability Lawyer
Visit Our Personal Injury Office in Buford, GA
We help victims inside the Gwinnett County Area and our firm is conveniently located near Buford. We have an office in Lawrenceville at 223 Scenic Hwy S #202 Lawrenceville, GA