Johns Creek Wrongful Death Lawyers
When someone dies, it leaves a hole in the hearts of their loved ones. You are unsure where to turn, and the incident becomes grueling because the death was due to a negligent party. Sometimes the death was the cause of an intentional or criminal act. If so, the descendant’s family can take legal action against the other person or entity that caused the accident. You should discuss your options with a Johns Creek wrongful death attorney from Spaulding Injury Law.
Basic elements of wrongful death claims
Some wrongful death claims are specific to a person, place, or action. Death can happen anywhere, but it is essential to understand the basic elements of wrongful death. The elements are there is someone responsible for the person’s safety, they did not fulfill their responsibility, and a person died from their failure. Responsibility is contentious and casts a wide net. People are generally responsible for avoiding reckless actions that cause harm.
Not every death is wrongful, and you will need evidence of the other party’s negligent actions. They must play a pivotal role in causing the death or do so knowingly. They have breached their duty to keep others reasonably safe. Sometimes the person responsible is a third party, like a property owner with insufficient security.
Common scenarios causing wrongful death
Death can happen from an intentional act or careless mistake. Regardless of the cause, you must hold negligent parties responsible. The most common reasons death occurs include:
- Truck accidents
- Car Accident
- Medical malpractice: surgical errors, hospital malpractice, failure to diagnose, etc
- Pedestrian Accidents
- Slip and fall
- Motorcycle accidents
- Negligent security
- Workplace accidents: slip and falls, construction accidents, toxic exposure, etc
- Dangerous drugs
- Defective products: food poisoning, manufacturing error, faulty equipment, etc
- Nursing home: abuse, neglect, or malpractice
Each of these instances has unique challenges, and you should discuss your options with a Johns Creek wrongful death lawyer to determine who you can take legal action against. It is grueling for families to hear their loved one has died but even more so when they hear it was an intentional act. Families deserve justice, and that means seeking compensation from reckless parties.
Who is eligible to file?
Survivors can file wrongful death claims with the help of a personal injury lawyer in Johns Creek. The spouse, children, or parents can bring these actions when a negligent party causes a death. When there are no children, the spouse can seek compensation. If there is a spouse and a child, the surviving spouse will obtain payment for themselves and the children. When there is no surviving spouse, but there are children, then the children will divide any payment.
When no children or spouses exist, the deceased’s parents can take legal action. When the deceased leaves a will, the state first follows what is found in the document. If there are any challenges to the will’s contents that can hinder a compensation claim. If available, bring a copy of the will to an initial consultation and ask how it will affect your wrongful death claim.
Seeking wrongful death damages
Most personal injury damages will apply to wrongful death claims, some intangible and some tangible. You can seek damages for the income the deceased would have made during their lifetime. This is a significant loss and requires taking what the deceased was earning at the time of their death and multiplying it by the remaining working years. This calculation will change if the person is unemployed or retired. It will also include any benefits the person was receiving, including 401k, potential raises, health benefits, etc.
Additionally, there are other losses, like the household services the person provided. Some duties to consider are groceries, laundry, cooking, driving, etc. Your Johns Creek wrongful death attorney can work with a forensic economist to calculate the value of these duties. The calculation will heavily depend on the evidence the family can provide, like pictures, receipts, or messages.
An estate claim
When no surviving family members or the deceased has a living will, an estate claim can be made. The intestacy laws will determine the next steps if there is no living will. The administrator or executor named in the will handles the distribution of funds and can take wrongful death actions.
Damages within an estate claim are similar to personal injury claims, including medical expenses, punitive damages, funeral expenses, and pain and suffering. If the deceased survived for some time after the accident, they suffered. Therefore, the surviving family can seek compensation.
Who pays for a settlement?
When a party is negligent and causes the death of your loved one, they should pay for your loss. Their insurance company will pay for their damages. Some families are apprehensive about seeking compensation because they are uncertain where the money will come from. Sometimes you will need to look for other sources when seeking compensation.
Suppose the death was from a car accident; the negligent driver’s insurance company will pay for a wrongful death settlement. However, insurance companies have limits, and their maximum payout can be insufficient to cover your losses. Typically the insurance policy maximum is $25,000, but that can vary depending on the insurer. You might have to file a lawsuit against the negligent party directly.
Statute of limitations
When bringing a wrongful death or estate claim, you must take legal action two years from the death date. The one caveat is when the defendant is a government, state, or other agency. In those instances, the statute is six months to one year. In rare circumstances, the statute can be paused for a time. Failure to adhere to the statute will result in the inability to seek compensation.
Speak to a Johns Creek wrongful death attorney today
The loss of a loved one is overwhelming and requires families to make many decisions in a short period. Reach out to a wrongful death lawyer in Johns Creek to help with the legal process so you can focus on other decisions with burying your loved one after a tragedy. You can bring a wrongful death claim for any cause, from car accidents to apartment shootings to bicycle accidents. Contact Spaulding Injury Law to get started.
Practice Areas We Serve
Brain Injury Lawyer Johns Creek GA
Johns Creek Back And Neck Injury
Johns Creek Car Accident Lawyer
Johns Creek Drunk Driving Accident
Johns Creek MARTA Accident
Johns Creek Motorcycle Accident
Johns Creek Pedestrian Injury Lawyer
Johns Creek Personal Injury
Johns Creek Truck Accidents
Johns Creek Uber & Lyft Accident
Johns Creek Wrongful Death Lawyer
WE ARE CONVENIENTLY LOCATED NEAR JOHNS CREEK
If you or a loved one find yourselves injured while walking on a crosswalk, sidewalk or in a parking lot, we are conveniently located near Johns Creek:
Spaulding Injury Law: Alpharetta Personal Injury Lawyers
44 Milton Ave #132
Alpharetta, GA 30009