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At Spaulding Injury Law, we fully understand the devastating grief and hardship that accompanies the unexpected loss of a cherished one. This pain is only exacerbated when the death is caused by another party’s negligence or recklessness. In these traumatic times, you and your family may wish to seek justice against those responsible, and our Gwinnett County legal team is poised to fight tenaciously on your behalf.
Under the leadership of Theodore Spaulding, an attorney based in Georgia with a premier 10/10 Avvo rating, our team provides unwavering legal representation, allowing you to focus on personal healing and honoring your loved one’s memory. Our dedication to client success, as mirrored in our 5.0/5.0-star rating, cements us as one of Gwinnett County’s leading legal providers.
Losing a loved one due to negligence can be a devastating experience. It can happen in various scenarios, such as car and truck accidents, slip and fall incidents, and medical malpractice. If you have lost a loved one due to such incidents, you have the right to file a wrongful death claim. Our wrongful death team in Gwinnett County is here to help you assess your case. You can schedule a free case evaluation by contacting us directly or filling out the contact form on our website.
Wrongful death laws in Georgia can be quite complex, and you may have several questions regarding your case. To assist you, we have prepared responses to some common inquiries.
Who Can File A Wrongful Death Claim In The State Of Georgia?
When a person dies as a result of someone else’s carelessness or neglect, the deceased’s surviving family members in Georgia have the right to file a wrongful death claim. If the deceased had a surviving spouse, then they are the primary party to represent any minor children in the claim. Any compensation awarded should be divided between the children and the spouse, with at least 33% going to the spouse.
In the absence of a surviving spouse, but the deceased had children, the children can file the claim. If there are no surviving spouse or children, then the parents of the deceased can file the claim. Finally, if the deceased had no immediate family members, then the estate of the deceased can file a wrongful death claim.
Survival Actions vs. Wrongful Death Claims – What Is The Difference?
Losing a loved one is a difficult and painful experience. In such cases, two legal remedies are available to the family of the deceased: survival actions and wrongful death claims. It is crucial to understand the differences between these two options in case of a wrongful death in Gwinnett County.
A wrongful death claim is primarily focused on the losses suffered by the deceased person’s survivors. These losses may include lost income, emotional distress, funeral expenses, and loss of companionship.
On the other hand, a survival action is concerned with the damages that the deceased person could have claimed had they survived. This remedy allows for the recovery of damages for pain and suffering, medical expenses, and lost wages that the deceased incurred before their death.
This typically includes medical expenses incurred after the incident but before the person’s death, conscious pain and suffering endured by the deceased before they died, and possibly punitive damages if the defendant’s conduct was especially outrageous.
Who Pays the Wrongful Death Settlement?
In the event of wrongful death, the party responsible for the negligence is typically covered by their insurance company to settle the claim. This may include auto insurance in fatal car accident cases or professional liability insurance in cases of fatal medical malpractice. However, insurance policies often have coverage limits. If the settlement amount surpasses these limits, the at-fault party may have to pay for the excess amount out of their own pocket. This situation may require additional legal action, and a wrongful death lawyer in Gwinnett County can provide necessary assistance in navigating this process.
What Do Wrongful Death Attorneys Do?
Losing a loved one due to the negligence of someone else is a complicated matter. Thus, it is essential to seek the help of a professional legal team. Our wrongful death lawyers in Gwinnett County possess the skill, knowledge, and experience to navigate the complexities of such cases. We will build a strong case by demonstrating the defendant’s negligence, consulting with experts, gathering crucial evidence, and managing all necessary paperwork. If your case goes to trial, Spaulding Injury Law will vigorously advocate for your interests before the jury, ensuring that your story is communicated clearly and effectively.
The Process of a Wrongful Death Claim in Gwinnett County
If you want to file a wrongful death claim in Gwinnett County, the first step is to establish that your loved one’s passing was caused by the negligence, recklessness, or deliberate action of another party. Gathering evidence to support this claim is crucial, and you may need to collect police reports, medical records, eyewitness accounts, and expert analyses.
Once you have gathered all the necessary evidence to support your claim, you can initiate a lawsuit in a Gwinnett County court. This involves creating and submitting a complaint that outlines the details of your claim, including identifying the negligent party, the specifics of the case, and the compensation you seek.
After you have filed the complaint, the defendant will be given an opportunity to respond. They may deny the allegations, in which case the lawsuit may proceed to the discovery phase. During this stage, both sides gather further evidence and interview witnesses to build their respective cases. If the case does not reach a settlement during this phase, it proceeds to trial, where a judge or jury in Gwinnett County will make the final decision.
Potential Damages in a Gwinnett County Wrongful Death Claim
Damages in a wrongful death claim filed in Gwinnett County can be economic or non-economic.
Economic Damages
Also known as “special damages,” economic damages account for measurable financial losses directly related to your loved one’s passing.
- Medical expenses: These cover any health care costs linked to the incident causing the death. They can range from immediate emergency care at the accident scene to extended hospital stays, surgeries, treatments, or medication needed before the decedent’s passing.
- Funeral and burial costs: The expenses associated with funeral services, burial, or cremation can be substantial and are recoverable as part of a wrongful death claim in Gwinnett County.
- Loss of the deceased’s expected earnings: This pertains to the income the deceased would have contributed had they lived a full lifespan. Factors considered when calculating this amount include the decedent’s age, health, life expectancy, profession, skills, and earning potential at the time of death.
- Loss of benefits: If the deceased provided the family with health insurance or retirement benefits, the loss of these benefits could also be included in the claim.
Non-Economic Damages
Also termed as “general damages,” non-economic damages aim to compensate for non-tangible losses, which can be subjective and challenging to quantify.
- Mental anguish and emotional distress: This category encompasses the emotional trauma and suffering experienced by the survivors due to their loved one’s demise. It may include grief, anxiety, depression, loss of sleep, and other emotional and psychological distress.
- Loss of companionship or consortium: This compensates for the loss of love, companionship, comfort, and care that the deceased offered. For a spouse, it could involve the loss of affection and sexual relations. For a parent, it would cover the loss of guidance, nurturing, and care they would have provided their children.
- Loss of quality of life: This reflects the adverse effects on the survivors’ enjoyment of life, including their ability to engage in activities or experience pleasures that were part of their life before their loved one’s death.
- Pain and suffering of the deceased prior to death: If the deceased did not die instantly and endured pain or suffering before passing away, compensation may be sought for their conscious pain and suffering.
The complexities of determining these damages in a Gwinnett County wrongful death claim make it essential to seek the guidance of an experienced local attorney, who can ensure you pursue all the compensation you’re entitled to.
Why You Need to Act Quickly for Your Claim
When filing a wrongful death claim in Gwinnett County, it is essential to act quickly. Under Georgia’s statute of limitations, you have two years from the date of death to file a lawsuit for wrongful death. If you fail to file within this period, you may forfeit your right to seek compensation. However, there are exceptions to this rule. To ensure that you don’t miss this crucial deadline, it is highly recommended that you speak with an attorney who is based in Gwinnett County as soon as possible. This way, you can navigate the legal framework effectively and protect your rights following a tragic loss.
Dealing with a wrongful death lawsuit can be emotionally draining and challenging. Seeking immediate legal counsel in Gwinnett County can ensure that the process is handled efficiently, allowing you to focus on grieving and healing. Remember that time is of the essence, and taking prompt action can significantly impact the outcome of your wrongful death claim.
Hire a Gwinnett County Wrongful Death Lawyer
Hiring a Gwinnett County wrongful death lawyer from Spaulding Injury Law requires no upfront fees. We handle cases on a contingency basis, meaning our fees are drawn from your settlement or verdict. If there’s no recovery, there are no attorney’s fees.If you or a loved one has been a victim of a wrongful death incident in Gwinnett County, we strongly advise you to reach out to our wrongful death team. Trust Spaulding Injury Law to protect your rights and provide you with strong representation. Schedule a no-risk consultation with us today, and let us assist you in obtaining the justice you rightfully deserve.
VISIT Our Wrongful Death Office in Gwinnett County.
We help victims inside the Gwinnett County Area and our firm is conveniently located near Gwinnett County. We have an office in Lawrenceville at 223 Scenic Hwy S #202 Lawrenceville, GA