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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 Wrongful Death 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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One of the most heart-wrenching and traumatic experiences you can suffer is losing a loved one. While many deaths happen unexpectedly, some happen from another person’s negligence. Knowing that someone else’s negligence was the cause can make matters worse. Surviving families may have the right to pursue compensation from the negligent party who caused their loved one’s death.
Speak to a Snellville wrongful death lawyer from Spaulding Injury Law today.
Survival Actions Versus Wrongful Death Claims
We must first address the difference between murder and wrongful death. Legally, murder is when a person intentionally causes a death without legal justification. Wrongful death is when there is negligent or intentional conduct resulting in death. While murder is a type of wrongful death, there are many other causes of fatalities that might lead to this type of claim.
A wrongful death claim occurs when a surviving family member takes legal action against a person or entity who causes a wrongful death. There are two critical components to compensation in these claims. Another action you can take is survival actions. It may also be referred to as an estate claim. It involves the estate administrator bringing forth a claim. Usually, this person is the surviving spouse or children. However, that is not a hard and fast rule. An estate claim can cover losses such as:
- Pain and suffering
- Funeral expense
- Medical bills
When estate claims are paid, the funds are disbursed according to the person’s will. Laws of succession can also apply if the deceased did not have a will. You can work with a wrongful death lawyer in Snellville to determine which legal avenues work for you.
Situations That Can Lead to Wrongful Death
The leading causes of wrongful death are truck and car accidents. Annually, dozens of people are killed in these accidents. It is usually the result of a negligent action. The area with the highest traffic fatalities is I-85 due to high speeds and heavy truck traffic. While this is the most common reason for wrongful death, there are many others, including:
- Medical malpractice
- Unsafe premises
- Nursing home abuse
- Traffic collisions
- Workplace accidents
- Inadequate or negligent security
Eligibility for Wrongful Death Claims in Snellville
Different parties can be eligible to bring a wrongful death claim when a person dies. If the deceased were married, the spouse would be the first person who can take legal action. If they have children, the surviving spouse can bring a claim on their behalf. Children cannot sue independently if there is a surviving spouse. However, the children can take legal action if there is no spouse.
Liability in Wrongful Death Claims
Negligence is a critical factor in garnering compensation in Georgia. Essentially, the person at fault for the incident causing the death is responsible for paying the family their losses. Different parties will have specific duties to uphold depending on where the accident occurred. The law can hold them criminally and civilly responsible if they fail in their duties and cause injury or death. Some of the parties who could be responsible for a wrongful death include:
- Driver
- Doctor
- Medical facility
- Auto repair shop
- Truck driver
- Property owner
These and other parties could be responsible for your loved one’s death. It can be challenging to say who is responsible when the accident happens. You are dealing with the loss of your loved one. While you may think one person is responsible, an investigation can uncover someone else is at fault. Trust our wrongful death lawyers in Snellville to find the liable party.
Compensation for Wrongful Death Claims
When you pursue compensation for a wrongful death, the state authorizes eligible survivors to obtain the total value of the victim’s life. This is a touchy topic because you place a dollar amount on a loved one. The value of life is hard for families to determine. However, a Snellville wrongful death lawyer will review the following to come to an adequate amount:
- Earnings and income the victim would have made if they survived. We may enlist the help of vocational experts and economists to determine this amount.
- Value of services the deceased would have provided to the family and household. This can include mundane tasks like mowing the lawn, cooking, laundry, and taking out the trash. An expert witness could calculate these losses.
- Non-economic losses are also possible in these cases. The deceased had a life they enjoyed with hobbies. Their death also leaves friends and family without the pleasures of life. A jury can submit an award that covers these losses.
There is no set value for losing a loved one. You should get an individual assessment of your loved one’s life. Work with the Snellville wrongful death lawyers from Spaulding Injury Law. We have experience handling similar cases and are familiar with what judges and juries look for in these lawsuits.
Deadlines for Wrongful Death Actions
Families will have two years from death to take legal action against negligent parties. There are two exceptions to this deadline. One is when there is a criminal case open. Another exception is when a government agency is involved in the wrongful death. These situations can shorten or lengthen the legal process. To avoid missed deadlines, speak to a Snellville criminal death attorney immediately.
While there are filing deadlines that does not indicate how long your case will take to resolve. Case length will vary depending on individual factors. It can take a few months or over a year. The complexities of the case, if an out-of-court settlement is possible, and evidence will be significant factors in case length. To reduce the time it takes to resolve a case, you should enlist the help of a Snellville wrongful death lawyer.
The Insurance Company is Not Your Friend
Insurance companies should be on your side. Many people assume they are. However, these companies are for-profit businesses. When a claim hits their desk, they jump into action to find ways to lower or deny it. The most common tactic they will use is to say their insured is not responsible for the accident. Another action they will take is to contact you for a recorded statement. This statement will help them uncover information that helps them deny your wrongful death claim.
Another tool they use is to offer you a settlement right away. You may take this as a good sign, but it is not. They offer you a quick resolution so they do not have to pay more than they want. This also means you cannot take further legal action against them. When you accept an insurance payment, you no longer have the right to ask for more. They can close your case and walk away. That is precisely what they want. Do not settle until you speak to a Snellville wrongful death attorney.
How a Snellville Wrongful Death Lawyer Can Help
These cases are complex, and you need someone in your corner with experience handling these claims. It is ideal to speak to a wrongful death lawyer in Snellville to pursue the compensation you deserve. Without legal representation, it can be challenging to prove negligence and damages. Your Snellville wrongful death attorney will accomplish many tasks for you.
First, we will determine liability through an investigation. This may involve interviewing witnesses and gathering other evidence. We will also consult medical experts about your condition and its impact on your future. When necessary, we will also consult accident reconstruction experts. These tasks can be challenging for families when making burial arrangements and grieving.
Spaulding Injury Law will assess case worth and negotiate with the insurance company. Unfortunately, we must determine the full value of the person’s life. This task is impossible for grieving families. Your loved one was worth more than anything in the world. Now they are gone, and no money can bring them back. Let us handle this process by working with financial experts. We can calculate how much financial support you require after losing a loved one.
Not working with a wrongful death attorney can be detrimental to your case. The insurance company can assess your damages any way they want. They don’t care what the deceased contributed to their family or the world. Instead, they only care about saving their bottom line. They will take advantage of your vulnerable state. They know grieving families are not in the right headspace to negotiate a fair settlement.
Another situation we can help is if your case goes to trial. You must prepare a strong case so the judge and jury can award you damages. They will want a convincing argument. You must find a law firm with experience handling wrongful death claims at trial.
Call Spaulding Injury Law Immediately
Spaulding Injury Law is here to help grieving families recover the compensation they need. Losing a loved one is one of the most traumatic experiences you may suffer. The emotions can be too much if the death resulted from someone else’s negligence. Discuss your legal options with a Snellville wrongful death attorney. Spaulding Injury Law offers a free initial consultation.
Visit Our Wrongful Death Office in Snellville, GA
We help victims inside the Gwinnett County Area and our firm is conveniently located near Snellville. We have an office in Lawrenceville at 223 Scenic Hwy S #202 Lawrenceville, GA