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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 Attorney in Peachtree Corners GA
Going through an accident can not only damage your vehicle and your body, but also your ability to work and support your family. Knowing whether or not you can collect damages for your injuries through a personal injury claim can make the difference between being fully covered for your injury and all its related costs or having to foot the bill yourself. Keep reading to learn more about what types of personal injury claims you can file and the value of a personal injury attorney in helping you make the most of your damages.
A Peachtree Corners personal injury attorney from Spaulding Injury Law has handled many personal injury cases, and if you’ve got a case, we know how to get you the best possible compensation. We handle a wide range of injury claims, including:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Pedestrian accidents
- Slip and falls
- MARTA accidents
- Dog bites
- Product liability
The hardest situation that a family can go through is the death of a loved one. What often makes matters worse is the situation could have been avoided had it not been for someone’s negligent actions. Families sometimes feel they have little to no options to seek justice and compensation. Your family is experiencing substantial emotional or financial losses. The parties responsible should pay for these losses. Speak to a Peachtree Corners wrongful death lawyer to assess your legal options.
Difference between survival actions and wrongful death claims
When a loved one dies from someone else’s negligence, you have two options to get justice: survival actions and wrongful death claims. There are some differences between each one. The best way to determine which path is right for your circumstances is to speak to the wrongful death lawyers from Spaulding Injury Law.
A wrongful death claim helps the families take legal action to recover compensation. Surviving family members can file. It will cover various damages the victim and family have incurred. The second option is survival actions filed by the deceased’s estate. The estate will seek compensation for medical expenses and losses suffered by the victim. These losses are unrelated to the family’s losses.
What can cause a wrongful death?
Georgia considers wrongful death any death caused by someone’s reckless, criminal, intentional, or negligent action. Many causes of wrongful death exist. Your legal processes may vary slightly depending on how the death occurred. So will the liable party. Let’s delve into common situations that cause wrongful death.
Traffic collisions
Vehicle collisions are prevalent throughout Peachtree Corners. Since it was a car accident, you might assume that you can do little to recover compensation. When a death occurs from the negligent actions of a driver, you can file a wrongful death claim. If the other driver was careless or reckless, they could be liable for your loved one’s death. A full investigation is required to determine the cause and how the driver contributed. Criminal charges may also be sought depending on the cause.
Workplace accidents
Some workplaces are inherently dangerous, and that can lead to injuries or death. While they are dangerous, that does not excuse employers from liability, other workplaces seem safe, but accidents can still happen. Employers are reasonably responsible for your safety in the workplace. When you file a worker’s compensation claim, they cannot retaliate against you. A thorough investigation is required to determine if the employer acted negligently to cause the incident leading to your loved one’s death.
Medical malpractice
Many people assume that it is rare for a medical professional to make a mistake that leads to a person’s death. However, medical malpractice happens more often than you may realize. Medical professionals must take reasonable care of patients. When they fail, resulting in death, you may take legal action. Often this can happen during surgery. Other times it happens due to a misdiagnosis. Medical professionals have a high standard of care. They must be held liable for their actions.
While these are the top three causes of wrongful death claims, there are others. The best way to assess whether you have a wrongful death claim is to schedule a consultation with a Peachtree Corners wrongful death attorney.
Criminal acts and wrongful death
Sometimes the actions of the person who caused the death were so egregious that they are considered criminal. When this happens, they can be charged with murder, criminally negligent homicide, or manslaughter. Charges will range depending on how the death occurs. The defense may face jail time, fines, and other criminal penalties. Sometimes your wrongful death case will happen in tandem with the criminal case. The criminal case results can serve as evidence in the civil claim.
Who can file a wrongful death claim?
Georgia has various regulations about who can file a wrongful death claim. The individuals who have legal standing for these cases include:
- Spouses
- Children
- Parent of the deceased
The parties who can file these claims will vary depending on the relationships the deceased had. For example, if they were unmarried but had children, only the children could file claims. However, if the deceased were unwed without children, their parents would qualify. Parties who do not have legal standing for wrongful death claims in Peachtree Corners include:
- Siblings
- Aunts and uncles
- Cousins
- Grandparents
Immediate family or dependents have a priority to take legal action against negligent parties who cause a death. During a consultation with a Peachtree Corners wrongful death lawyer, we will determine if you are eligible to pursue compensation.
Who is liable for a wrongful death claim
Several parties can be responsible for causing your loved one’s death, but who will pay for these losses? The answer is the insurance company will be responsible for paying out valid claims. An auto insurance company is responsible for negotiating a settlement if the deceased passed from a car accident. If it happens during a medical procedure, it will be malpractice insurance. One caveat is that insurance providers have policy limits. For example, if the policy limits are $10,000 but the case is worth $25,000, they cannot pay past those limits. You may be on the hook for the difference. You may have to take additional legal action to recover the remaining balance.
Damages you can request in wrongful death claims
You can request two types of damages for wrongful death claims: economic and non-economic. They will each cover different aspects of the claim. One will cover compensation for expenses associated with the deceased’s death, and the other relates to the value of their life. It is challenging for families to consider putting a price on a life. We know your loved one was invaluable to you, and Spaulding Injury Law will fight for maximum compensation for your losses.
Some of the damages you can collect from a wrongful death case include:
- Final medical expenses
- Loss of care
- Loss of companionship
- Property damage
- Lost income
- Loss of household contributions
- Funeral expenses
- Pain and suffering
These and other losses can be added to your insurance claim. Punitive damages may sometimes be awarded in extreme cases involving reckless disregard for safety or when there is an intentional act. Economic and non-economic damages do not have limits, but punitive damages do. You must speak to a Peachtree Corners wrongful death attorney to assess your damages. We will protect your rights and fight for your family while you focus on grieving.
Steps you can take to help your claim
Losing a loved one is difficult, and when you are pursuing a claim, you can take steps to protect yourself and get justice. You must act quickly to preserve your claim. Some steps you can take to protect yourself include:
- Keep a diary
- Keep documents safe
- Preserve physical evidence
These and other steps can help mitigate any issues with your claim. When reviewing your circumstances, our Peachtree Corners wrongful death attorney can advise you of additional steps.
Deadlines for filing claims
Deadlines can come and go. When they do, it can mean you lose the ability to get compensation. Families are often focused on other things and may delay getting legal attention. However, Geargoria allows two years for plaintiffs to file wrongful death claims. Two years can feel like a long time, but it is not. During this time, our Peachtree Corners wrongful death lawyer must work to build your case. Other deadlines can come up as well along the way.
Modified comparative negligence principle
A situation that often comes up is families doubt they can recover compensation if their loved one contributed to the death. You do have options if your loved one allegedly contributed to the accident. Georgia works on modified comparative negligence. This means the court will determine liability percentages for each party involved. To obtain compensation, the deceased must be less than 50% responsible for the incident causing their death.
How Peachtree Corners wrongful death lawyers help families
One of the most significant roles Spaulding Injury Law will play in wrongful death claims is proving negligence and filing claims. We will work to prove liability by interviewing witnesses, gathering evidence, speaking to your medical team, and working with an accident reconstructionist. These actions can be difficult for the family to handle. You are already making burial arrangements and adjusting to this loss. Collecting evidence is the last thing you want to do.
Placing a value on a loved one’s life can be very challenging for the family. Our Peachtree Corners wrongful death lawyers are compassionate and understanding towards our clients. But when negotiating with the insurance company, we fight aggressively to get the highest compensation possible. We know how to calculate the financial support your loved one would have contributed to the household. We use a range of metrics, evidence, and expert testimony to get the best results.
Spaulding Injury Law can help
The grief that comes with losing a loved one is immeasurable. It can be challenging to move on. Our Peachtree Corners wrongful death lawyer is here to help you get the justice you deserve. Discuss your legal options by scheduling a free case review today.
Visit Our Wrongful Death Office in Peachtree Corners, GA
We help victims inside the Gwinnett County Area and our firm is conveniently located near Peachtree Corners. We have an office in Lawrenceville at 223 Scenic Hwy S #202 Lawrenceville, GA