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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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Personal injury Lawyers in Norcross, GA
Accidents are unfortunate situations, and when they are caused by another party’s negligence, you are entitled to compensation to make you whole. This means you should be compensated to be put in a position as though the accident had never happened. The value of your compensation can be difficult to determine, especially when an accident causes long-term disability or might involve emotional trauma and other pain and suffering. This is one of many reasons why a personal injury attorney is of particular value for your case.
Have you been in an accident caused by the negligence or illegal actions of the at-fault party? The personal injury attorneys with Spaulding Injury Law are here to guide you through the process and make the most of your case. We help clients who have experienced a variety of accidents and injuries, like traumatic brain injury (TBI), neck and back injuries, product liability, slip and falls, wrongful death, car accidents, truck accidents, pedestrian accidents, and drunk driving accidents.
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 Norcross 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 Norcross’s leading legal providers.
A wrongful death can stem from various scenarios, including car and truck accidents, slip and fall incidents, and medical malpractice. If such negligence has caused the loss of your loved one, you have the right to initiate a wrongful death claim. Our wrongful death team in Norcross is ready to assess your case. Schedule your free case evaluation by reaching out to us or filling out the contact form on our website.
Wrongful death laws in Georgia can be intricate, and you may have many questions. To assist, we’ve prepared responses to some common inquiries.
Who Can File A Wrongful Death Claim In The State Of Georgia?
The right to file a wrongful death claim in Georgia primarily lies with the deceased’s surviving spouse, who also represents any minor children in the claim. The awarded compensation, if any, should be divided between the children and the spouse, with a minimum of 33% going to the spouse.
If there’s no surviving spouse but the deceased left surviving children, the children can file the claim. Parents of the deceased can claim if there are no surviving spouses or children. In instances where the deceased had no immediate family members, the estate of the deceased can file a wrongful death claim.
Survival Actions vs. Wrongful Death Claims – What Is The Difference?
Survival actions and wrongful death claims provide different remedies following a person’s death, and each caters to unique aspects of loss. Understanding these differences is essential when handling a wrongful death situation in Norcross.
A wrongful death claim concentrates on the survivors’ losses due to their loved one’s untimely death. These losses might include lost income that the deceased would have provided to the family, loss of companionship, emotional distress, and funeral expenses. In contrast, a survival action pertains to the damages that the deceased person could have claimed had they survived.
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 wrongful death cases, the party found negligent typically has their insurance company shoulder the financial responsibility for the settlement. These might include auto insurance in fatal car accident cases or professional liability insurance in fatal medical malpractice instances.
However, insurance policies frequently have coverage limits. If the settlement amount surpasses these limits, the at-fault party may personally have to cover the difference. This situation might call for additional legal action, a process where your Norcross wrongful death lawyer can provide vital assistance.
What Do Wrongful Death Attorneys Do?
Due to the complicated nature of wrongful death cases, professional legal help is necessary. Our wrongful death team in Norcross has the necessary skills, knowledge, and experience to navigate these complexities.
From constructing a persuasive case that demonstrates the defendant’s negligence to consulting with experts, accumulating crucial evidence, and managing all paperwork, our lawyers undertake a comprehensive approach. If your case goes to trial, Spaulding Injury Law is ready to vehemently advocate for your interests before the jury, ensuring your story is adequately communicated and comprehended.
The Process of a Wrongful Death Claim in Norcross
To begin a wrongful death claim in Norcross, you must initially establish the foundation for the claim – in other words, your loved one’s death was due to the negligence, recklessness, or deliberate action of another party. Accumulating evidence to corroborate this claim is essential and can encompass police reports, medical records, eyewitness accounts, and expert analyses.
After establishing the grounds for the claim, you can file a lawsuit in a Norcross court. This procedure involves creating and submitting a complaint that details your claim, including the identification of the negligent party, the specifics of the case, and the compensation you are seeking.
Subsequently, the defendant is given the chance to respond to your complaint. They may refute the allegations, in which case the lawsuit may proceed to discovery. During the discovery phase, both sides gather further evidence, interview witnesses, and construct their respective cases. If the case does not reach a settlement during this stage, it advances to trial, where a judge or jury in Norcross will decide the outcome.
Potential Damages in a Norcross Wrongful Death Claim
Damages in a wrongful death claim filed in Norcross can be economic or non-economic.
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 Norcross.
- 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.
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 Norcross 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
It’s crucial to act swiftly when filing a wrongful death claim in Norcross. The Georgia statute of limitations typically provides a two-year window from the date of death to lodge a wrongful death lawsuit. Failing to file a claim within this time frame may forfeit your right to seek recompense.
However, there are exceptions to this rule. It’s advisable to speak with a Norcross-based attorney promptly to guarantee that you don’t overshoot this critical deadline. This way, you can navigate the legal framework effectively and ensure you protect your rights in the wake of a tragic loss.
Navigating a wrongful death claim can be challenging and emotionally taxing. Seeking immediate legal counsel in Norcross ensures the process is handled efficiently and allows you to focus on grieving and healing. Remember, time is of the essence, and prompt action can greatly affect the outcome of your wrongful death claim.
Hire a Norcross Wrongful Death Lawyer
Hiring a Norcross 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 Norcross, 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 Norcross, GA
We help victims inside the Gwinnett County Area and our firm is conveniently located near Norcross. We have an office in Lawrenceville at 223 Scenic Hwy S #202 Lawrenceville, GA