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Were you injured in Lawrenceville, GA or its surroundings? Our lawyers can help you recover from your losses. We have decades of combined experience handling local personal injury cases.
Having a local personal injury lawyer with experience with and knowledge of the actual value of your case is vital to ensuring you receive the most compensation possible for your injuries.
Our award-winning 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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At Spaulding Injury Law, we understand that losing a loved one is a profoundly distressing experience, which is compounded when the death is a result of another’s negligent or careless actions. In such circumstances, you may be able to pursue legal action against the at-fault party to hold them accountable for their actions.
Our team, led by Theodore Spaulding, a lawyer rated 10/10 by Avvo, works diligently on your behalf so you can focus on grieving and healing. Our past clients’ positive experiences and honest reviews have helped us earn 5.0/5.0 stars based on 30 reviews, placing us among the top law firms in Atlanta.
Wrongful death can be caused by car accidents, truck accidents, slips and falls, and medical malpractice. If you’ve lost a loved one due to someone else’s negligence, you may have the right to file a wrongful death claim. Our Lilburn wrongful death attorneys are here to review your case. Schedule a free case evaluation by calling us or filling out the contact form on our website.
We understand you may have many questions about wrongful death lawsuits in Georgia. Here are some FAQs.
Who Can File A Wrongful Death Claim In The State Of Georgia?
In Georgia, the surviving spouse of the victim can file a wrongful death claim. The spouse also represents any of the victim’s minor children in the claim.
If compensation is awarded, it should be split between the children and the spouse, with the spouse receiving at least 33%. If the victim did not have a surviving spouse but had surviving children, the children could file a wrongful death claim.
The parents of the victim have the opportunity to file a claim if the victim did not have a surviving spouse or children. In cases where the victim did not have any surviving family members, the victim’s estate can file a wrongful death claim.
Survival Actions vs. Wrongful Death Claims – What Is The Difference?
These are two distinct claims you should discuss with a Lilburn wrongful death lawyer if your loved one was killed due to another person’s negligence.
A wrongful death claim is filed by surviving family members to recover compensation for losses they have suffered or expenses they have incurred because of the victim’s death. A survival action, on the other hand, can only be filed by the victim’s estate. It seeks compensation for any losses or medical expenses incurred by the victim before their passing, similar to a personal injury claim, except that the victim is deceased.
Who Pays the Wrongful Death Settlement?
The negligent party’s insurance company is typically responsible for paying the wrongful death settlement or verdict. However, insurance policies do have limits, and if the amount you intend to recover exceeds the policy coverage, the insurance company will not pay the remaining balance. In such cases, you will need to pursue legal action against the negligent party to recover the remaining amount.
What Do Wrongful Death Attorneys Do?
Wrongful death claims can be complex, requiring the skills and experience of a Lilburn wrongful death attorney. Our attorneys can assist you in proving that the defendant’s negligence caused your loved one’s death, which may involve interviewing witnesses, consulting with medical or accident reconstruction experts, and gathering evidence from the accident scene.
Additionally, our attorneys can help you recover compensation for funeral expenses, loss of companionship, pain and suffering, loss of wages, loss of benefits, and more. We can also help you calculate the financial support you have lost due to the wrongful death and the value of your emotional pain and suffering and loss of companionship.
If your case goes to trial, our attorneys are equipped to deliver a compelling argument to the jury on your behalf.
The Process of a Wrongful Death Claim
To initiate a wrongful death claim, you must first establish the basis for the claim – that is, your loved one’s death was caused by the negligence, recklessness, or deliberate action of another party. Gathering evidence to support this claim is crucial and can include police reports, medical records, eyewitness testimonies, and expert opinions.
Once the basis for the claim is established, you can file a lawsuit in court. This process involves drafting and submitting a complaint that outlines the details of your claim, including the identity of the negligent party, the facts of the case, and the compensation you are seeking.
The defendant will then have the opportunity to respond to your complaint. They may deny the allegations, at which point the case may proceed to discovery. During discovery, both sides gather evidence, interview witnesses, and build their cases. If the case is not resolved through a settlement, it will go to trial, where a judge or jury will decide the outcome.
Potential Damages in a Wrongful Death Claim
Damages in a wrongful death claim can be economic or non-economic.
Economic Damages
Economic damages, sometimes referred to as “special damages,” are quantifiable monetary losses directly resulting from the death of your loved one.
- Medical expenses: This includes any medical costs incurred as a result of the incident that led to the death of your loved one. It can cover anything from emergency services at the scene of an accident to prolonged hospital stays, surgeries, treatments, or medication prior to the person’s passing.
- Funeral and burial expenses: The cost of the funeral service, burial, or cremation can be considerable and are recoverable as part of a wrongful death claim.
- Loss of victim’s expected earnings: This refers to the amount of money the deceased would have earned had they lived a full life. The calculation of this amount includes factors such as the deceased’s age at the time of death, their health, life expectancy, occupation, skills, and earning capacity.
- Loss of benefits: If the deceased contributed to the family’s health insurance or retirement benefits, the loss of these benefits can also be included in the claim.
Non-Economic Damages
Non-economic damages, also known as “general damages,” are meant to compensate for non-monetary losses, which can be more subjective and harder to quantify.
- Mental anguish and emotional distress: The emotional pain and suffering experienced by the survivors due to the loss of their loved ones can be included in this category. This can cover grief, anxiety, depression, loss of sleep, and other emotional and psychological impacts.
- Loss of companionship or consortium: This compensates for the loss of love, companionship, comfort, and care that the deceased provided. For a spouse, this could include loss of affection and sexual relations. For a parent, it would cover the loss of guidance, nurturing, and care they would have provided to their children.
- Loss of quality of life: This refers to the negative impacts on the survivors’ enjoyment of life and their ability to participate in activities or experience pleasures that were a part of their life before their loved one’s death.
- Pain and suffering of the deceased prior to death: If the deceased didn’t die immediately and endured pain or suffering before they passed away, compensation may be sought for their conscious pain and suffering.
The Importance of Prompt Action
It’s critical to take prompt action when pursuing a wrongful death claim. Georgia’s statute of limitations generally allows for two years from the date of death to file a wrongful death lawsuit. If a claim is not filed within this period, you may lose your right to seek compensation. However, there are exceptions to this rule, so it’s best to consult with an attorney as soon as possible to ensure you don’t miss the deadline.
The Role of a Wrongful Death Lawyer
An experienced wrongful death lawyer can guide you through each step of the legal process, ensuring that all necessary paperwork is filed correctly and on time and that you are adequately prepared for any court proceedings. They can also negotiate with the defendant’s insurance company on your behalf, striving to secure a fair settlement that fully compensates you for your losses.
How To Find The Best Wrongful Death Attorney That Can Help You Win
Finding the right wrongful death attorney can seem daunting with the numerous options available. Start your search by asking for recommendations from loved ones, specifically for a wrongful death lawyer. The local bar association can also assist you in locating a Lilburn wrongful death lawyer. Once you have a shortlist, schedule consultations with each attorney to assess their suitability for your case.
During the consultation, inquire about the attorney’s experience handling wrongful death cases, their success rate, and their fee structure. At Spaulding Injury Law, our wrongful death lawyers work on a contingency fee basis, meaning we don’t get paid unless we help you recover compensation. We are prepared to take your case to trial if necessary, ensuring you are equipped for all possible outcomes.
Types Of Cases We Handle
There are many different ways that personal injuries can happen, and each resulting legal claim will be different with its own unique circumstances. Our Duluth personal injury lawyers handle many types of cases, and we help clients after the following and more:
Contact Spaulding Injury Law Today
As you navigate this challenging time, allow Spaulding Injury Law to support you in seeking justice for your loved one. Our experienced Lilburn wrongful death lawyers are committed to providing aggressive representation, helping you hold the negligent party accountable. Contact us today for a free case evaluation and take the first step toward achieving the justice your loved one deserves.
Visit Our Wrongful Death Lawyer Office in Lilburn, GA
We help victims inside the Gwinnett County Area and our firm is conveniently located near Lilburn. We have an office in Lawrenceville at 223 Scenic Hwy S #202 Lawrenceville, GA