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Helping The Injured Protect Their Rights
Being injured is a costly experience that can impact your day-to-day life during recovery and possibly leave you with long-lasting injuries for the rest of your life. Understanding what the implications of an injury are can be difficult to understand, and the many types of damages that could be available to you are not always readily apparent.
Our award-winning Duluth 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.
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Duluth Wrongful Death Lawyers
At Spaulding Injury Law: Lawrenceville Personal Injury & Car Accident Lawyer, we deeply empathize with the immense pain and hardship that comes with the unexpected loss of a loved one. This sorrow is heightened when the death is the result of negligence or recklessness by another party. In these moments, you and your family may seek justice against those responsible, and our Duluth legal team is ready to fight tirelessly on your behalf.
Under the lead of Theodore Spaulding, a Georgia-based attorney with a top-tier 10/10 Avvo rating, our team delivers dedicated legal representation, allowing you to concentrate on personal healing and remembrance. Our commitment to client success, as reflected in our 5.0/5.0-star rating, solidifies us as one of Duluth’s top law firms.
A wrongful death may result from many situations, including car and truck accidents, slip and fall incidents, and medical malpractice. If such negligence has led to the loss of your loved one, you have the right to pursue a wrongful death claim. Our wrongful death team in Duluth is available to evaluate your case. Set up your free case assessment by reaching out to us or completing the contact form on our website.
Wrongful death laws in Georgia can be complex, and you may have several questions. To help, we’ve prepared answers to some common questions.
Who Can File A Duluth Wrongful Death Claim In The State Of Georgia?
The eligibility to file a wrongful death claim in Georgia typically lies with the surviving spouse of the victim, who also represents any minor children in the claim. The awarded compensation, if any, should be divided between the children and the spouse, with at least 33% going to the spouse. If there’s no surviving spouse, but the victim had surviving children, the children can file the claim. Parents of the victim can claim if there is no surviving spouse or children. In cases where the victim had no immediate family members, the victim’s estate can file a wrongful death claim.
Duluth Survival Actions vs. Wrongful Death Claims – What Is The Difference?
In the sphere of legal remedies available after a person’s death, survival actions and wrongful death claims differ in a few ways. Each caters to unique aspects of loss. When dealing with a wrongful death situation in Duluth, understanding these differences is crucial.
A Duluth wrongful death claim focuses on the losses experienced by the survivors due to their loved one’s untimely death. These might include loss of income that the deceased would have contributed to the family, loss of companionship, emotional distress, and funeral expenses.
Conversely, a survival action is about the damages the deceased person could have claimed had they survived. This often encompasses medical expenses incurred after the incident but before the person’s death, conscious pain and suffering endured by the deceased before they died, and potentially punitive damages if the defendant’s conduct was particularly egregious.
Who Pays the Wrongful Death Settlement in Duluth?
In the event of wrongful death, the responsibility for the settlement payment is usually borne by the insurance company of the party found guilty of negligence. For example, if a fatal car accident occurs, the settlement amount will be covered by the auto insurance policy, while professional liability insurance will cover cases of fatal medical malpractice. However, most insurance policies have coverage limits, and if the settlement amount is higher than these limits, the at-fault party may be required to pay the remainder out of their own pocket. In some cases, this may lead to further legal action, and a wrongful death lawyer in Duluth can provide invaluable assistance throughout this process.
What Do Duluth Wrongful Death Attorneys Do?
The nature of wrongful death cases is complex and requires the help of legal professionals. Our wrongful death lawyers in Duluth possess the required skill set, knowledge, and experience to navigate the intricacies of such cases. Our lawyers adopt a comprehensive approach that involves building a convincing case that illustrates the defendant’s negligence, consulting with experts, gathering crucial evidence, and handling all paperwork. If your case proceeds to trial, Ted Spaulding is ready to advocate passionately for your interests before the jury, ensuring that your story is heard and understood.
The Process of a Wrongful Death Claim in The Duluth Area
The wrongful death claim process is multi-layered, starting with establishing that negligence, recklessness, or deliberate action of another party led to your loved one’s death. This requires the collection of strong supporting evidence, which may include medical reports, police documents, eyewitness statements, and expert opinions.
Following this, a lawsuit is filed in court, encapsulating all pertinent details of your claim. The defendant then has a chance to respond, after which the discovery phase begins. If the case doesn’t settle, it 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 often categorized as economic and non-economic.
Economic damages refer to concrete financial losses resulting 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. Non-economic damages can encompass mental anguish, loss of companionship, and reduced quality of life experienced by the survivors due to their loved one’s passing.
The Role of a Duluth Wrongful Death Attorney
Wrongful death lawyers play a pivotal role in guiding survivors through the challenging legal landscape. From ensuring all paperwork is correctly filed within the stipulated timeline to preparing you for potential court proceedings, they lend their expertise every step of the way.
Additionally, they negotiate with the defendant’s insurance company on your behalf, seeking to secure a fair settlement that fully covers your losses.
How To Find The Best Duluth Attorney That Can Help You Win
Choosing the right wrongful death attorney amidst the sea of options can be daunting. Consider asking for personal recommendations and consulting with the local bar association.
After shortlisting potential candidates, schedule consultations to assess their fit for your case. Look into their past experience with wrongful death cases, success rate, and fee structure. At Spaulding Injury Law: Lawrenceville Personal Injury & Car Accident Lawyer, for instance, we operate on a contingency fee basis. We do not get paid unless we help you recover compensation. We are always prepared to take your case to trial, if necessary, to ensure you are equipped for all possible outcomes.
Type Of Cases We Handle
Contact A Wrongful Death Lawyer Around Duluth
Don’t hesitate to get in touch with Spaulding Injury Law: Lawrenceville Personal Injury & Car Accident Lawyer for your complimentary case review. Let our dedicated legal team guide you through the process of seeking justice. We’re committed to fighting for your rights, providing robust representation, and holding the negligent party accountable for their actions.
Remember, the pursuit of justice starts with the first step. Your loved one’s memory deserves nothing less. Contact Spaulding Injury Law today to get started on your wrongful death claim and help your family get the peace it needs.
Our Wrongful Death in Duluth, GA
We help victims in Duluth and inside the Gwinnett County Area and our firm is conveniently located near Duluth. We have an office in Lawrenceville at 223 Scenic Hwy S #202 Lawrenceville, GA