Dahlonega Wrongful Death Lawyer
One of the most heart-wrenching and traumatic experiences you can suffer is losing a loved one. While many deaths happen unexpectedly, some happen from another person’s negligence. Knowing that someone else’s negligence was the cause can make matters worse. Surviving families may have the right to pursue compensation from the negligent party who caused their loved one’s death.
Speak to a Dahlonega wrongful death lawyer from Spaulding Injury Law: Cumming Personal Injury & Car Accident Lawyer today.
Survival Actions Versus Wrongful Death Claims
We must first address the difference between murder and wrongful death. Legally, murder is when a person intentionally causes a death without legal justification. Wrongful death is when there is negligent or intentional conduct resulting in death. While murder is a type of wrongful death, there are many other causes of fatalities that might lead to this type of claim.
A wrongful death claim occurs when a surviving family member takes legal action against a person or entity who causes a wrongful death. There are two critical components to compensation in these claims. Another action you can take is survival actions. It may also be referred to as an estate claim. It involves the estate administrator bringing forth a claim. Usually, this person is the surviving spouse or children. However, that is not a hard and fast rule. An estate claim can cover losses such as:
- Pain and suffering
- Funeral expense
- Medical bills
When estate claims are paid, the funds are disbursed according to the person’s will. Laws of succession can also apply if the deceased did not have a will. You can work with a wrongful death lawyer in Dahlonega to determine which legal avenues work for you.
Situations That Can Lead to Wrongful Death in Dahlonega
The leading causes of wrongful death are truck and car accidents. Annually, dozens of people are killed in these accidents. It is usually the result of a negligent action. The area with the highest traffic fatalities is I-85 due to high speeds and heavy truck traffic. While this is the most common reason for wrongful death, there are many others, including:
- Medical malpractice
- Unsafe premises
- Nursing home abuse
- Traffic collisions
- Workplace accidents
- Inadequate or negligent security
Eligibility for Wrongful Death Claims in Dahlonega
Different parties can be eligible to bring a wrongful death claim when a person dies. If the deceased were married, the spouse would be the first person who can take legal action. If they have children, the surviving spouse can bring a claim on their behalf. Children cannot sue independently if there is a surviving spouse. However, the children can take legal action if there is no spouse.
Liability in Dahlonega Wrongful Death Claims
Negligence is a critical factor in garnering compensation in Georgia. Essentially, the person at fault for the incident causing the death is responsible for paying the family their losses. Different parties will have specific duties to uphold depending on where the accident occurred. The law can hold them criminally and civilly responsible if they fail in their duties and cause injury or death. Some of the parties who could be responsible for a wrongful death include:
- Medical facility
- Auto repair shop
- Truck driver
- Property owner
These and other parties could be responsible for your loved one’s death. It can be challenging to say who is responsible when the accident happens. You are dealing with the loss of your loved one. While you may think one person is responsible, an investigation can uncover someone else is at fault. Trust our wrongful death lawyers in Dahlonega to find the liable party.
Compensation for Wrongful Death Claims
When you pursue compensation for a wrongful death, the state authorizes eligible survivors to obtain the total value of the victim’s life. This is a touchy topic because you place a dollar amount on a loved one. The value of life is hard for families to determine. However, a Dahlonega wrongful death lawyer will review the following to come to an adequate amount:
- Earnings and income the victim would have made if they survived. We may enlist the help of vocational experts and economists to determine this amount.
- Value of services the deceased would have provided to the family and household. This can include mundane tasks like mowing the lawn, cooking, laundry, and taking out the trash. An expert witness could calculate these losses.
- Non-economic losses are also possible in these cases. The deceased had a life they enjoyed with hobbies. Their death also leaves friends and family without the pleasures of life. A jury can submit an award that covers these losses.
There is no set value for losing a loved one. You should get an individual assessment of your loved one’s life. Work with the Dahlonega wrongful death lawyers. We have experience handling similar cases and are familiar with what judges and juries look for in these lawsuits.
Deadlines for Wrongful Death Actions
Families will have two years from death to take legal action against negligent parties. There are two exceptions to this deadline. One is when there is a criminal case open. Another exception is when a government agency is involved in the wrongful death. These situations can shorten or lengthen the legal process. To avoid missed deadlines, speak to a Dahlonega criminal death attorney immediately.
While there are filing deadlines that does not indicate how long your case will take to resolve. Case length will vary depending on individual factors. It can take a few months or over a year. The complexities of the case, if an out-of-court settlement is possible, and evidence will be significant factors in case length. To reduce the time it takes to resolve a case, you should enlist the help of a Dahlonega wrongful death lawyer.
The Dahlonega Insurance Company is Not Your Friend
Insurance companies are often perceived as being on the side of their clients. However, it’s important to remember that these companies are for-profit businesses. When a claim is submitted, their priority is to minimize their costs. One of the most common tactics they use is to deny responsibility by claiming that their insured is not at fault. Additionally, they might contact you to get a recorded statement, which can be used against you to deny your wrongful death claim. It’s important to be aware of these strategies and to seek legal advice when dealing with an insurance company.m. It’s important to be aware of these strategies and to seek legal advice when dealing with an insurance company.
One tactic that insurance companies use is to offer a settlement immediately after an accident. While this may seem like a positive step, it is not in your best interest. The reason is that they offer you a quick settlement so that they can avoid paying out more money. Additionally, accepting a settlement offer means you cannot take any further legal action against them. Once you agree to accept their payment, you forfeit your right to pursue additional compensation. This is exactly what the insurance company wants: to close your case and walk away without any further liability. Therefore, you mustn’t accept any settlement offers until you have consulted with a wrongful death attorney in Dahlonega.
How a Dahlonega Wrongful Death Lawyer Can Help
These cases can be complicated, and it is important to have an experienced legal representative in your corner to handle such claims. If you have lost a loved one, it is advisable to speak to a wrongful death lawyer in Dahlonega to pursue the compensation you deserve. Without legal representation, proving negligence and damages can be challenging. Your Dahlonega wrongful death attorney will accomplish several tasks for you, including assessing the case’s value and negotiating with the insurance company. Unfortunately, it is necessary to determine the full value of the person’s life, which can be a difficult task for grieving families. Your loved one was priceless, and no amount of money can bring them back. Let us handle this process by working with financial experts to calculate the amount of financial support you require after losing a loved one.
It’s important to work with a wrongful death attorney when dealing with such cases. The insurance company may assess your damages in a way that favors their interests, without taking into account what the deceased person meant to their family or society. Their priority is to save money. They may take advantage of your emotional state, knowing that grieving families are not in the best position to negotiate a fair settlement.
In case your case goes to trial, you need to prepare a strong argument that convinces the judge and jury to award you damages. You should look for a law firm that has experience in handling wrongful death claims at trial.
Call Our Dahlonega Wrongful Death Lawyer Immediately
Spaulding is here to help grieving families recover the compensation they need. Losing a loved one is one of the most traumatic experiences you may suffer. The emotions can be too much if the death resulted from someone else’s negligence. Discuss your legal options with a Dahlonega wrongful death attorney. Spaulding Injury Law: Cumming Personal Injury & Car Accident Lawyer offers a free initial consultation.
Our Wrongful Death Office in Dahlonega
Spaulding Injury Law: Cumming Personal Injury & Car Accident Lawyer is located close to you, in Downtown Cumming near UFA Soccer Fields and Cumming Polo Golf & Country Club.
Cumming Personal Injury Lawyers located at 5860 Bond St, Cumming, GA 30040, United States.