When a loved one dies, it can send ripples through the lives of everyone around them. The grieving process can take an emotional, physical, and financial toll on a family. If someone else’s negligence caused your family member’s death, they should be held accountable.
With the help of a personal injury attorney in Acworth from John Foy & Associates, you can make sure they are liable and recover compensation for your loss. Learn how a wrongful death claim could be an important step towards moving on after a tragedy.
How a Wrongful Death Lawyer Can Help
The most important thing that a wrongful death lawyer in Acworth can do is be there for you. Legal help won’t take the grief away and it won’t bring your loved one back, but having an attorney by your side who is willing to handle all the legal details of your wrongful death claim can help with the stress and worry.
Past being a helpful presence, there are concrete things that wrongful death attorneys do for their clients that give them a fighting chance at compensation. That can include:
Investigating Your Loved One’s Accident
In a wrongful death claim, you need convincing evidence that shows that someone else was responsible for the accident. The case will most likely revolve around negligence, which happens when someone breaches the duty of care that they can be reasonably expected to uphold.
To show that the other party was negligent and owes you compensation, your lawyer will gather evidence including:
- Photos or videos of the accident
- Driving or criminal records
- Witness statements
- Expert testimony
- Accident reconstruction
- Medical records
Calculating Your Damages
When you receive compensation for your claim, that payment will be based on specific damages that the liable party’s negligence caused. In wrongful death cases, damages can include:
- Medical expenses leading up to death
- Lost household earnings
- Funeral expenses
- Loss of companionship
- Loss of care
- Pain and suffering
These damages are meant to make up for not only the financial burden of your loved one’s death, but also the emotional burden that their passing has put you through.
Negotiating With the Insurance Company
One of the biggest obstacles to getting full compensation will be the insurance company. They may try to trick or bully you into accepting less than you actually deserve. A wrongful death attorney in Acworth will be able to negotiate with them and make sure they don’t take advantage of you.
Fighting for You in Court
Most of the time, wrongful death cases are settled before they even get to court. There is always a chance, though, that your claim will go to trial. In that event, your attorney will represent you and won’t take any payment unless you get compensation.
Who Can Sue for Wrongful Death in Acworth?
Georgia law is very particular about who can sue for wrongful death – it can’t be just any family member or close friend. According to the Official Code of Georgia Annotated (OCGA) § 51-4-2, the people who can file a wrongful death claim are the following, in order:
- The spouse of the decedent
- A child of the decedent
- A parent of the decedent
- If none of the above are present or if otherwise stated in the decedent’s will, an appointed representative of the estate
Figuring out who is filing the wrongful death claim can be complicated. You can get a free consultation with a wrongful death lawyer who can assess your situation and tell you what your options are and who can file the wrongful death claim.
How Much Is a Wrongful Death Settlement Worth?
There is no universal number or equation for how much your wrongful death case can be. It will always be dependent on your damages. Every wrongful death case is different, so you will never recover the same amount as someone else.
Because wrongful death cases often involve more damages, including more non-economic damages like pain and suffering and loss of companionship, settlements do tend to be higher than in other personal injury cases. Wrongful death settlements can range into the hundreds of thousands of dollars—sometimes into the millions.
Some factors that could affect your settlement include:
- How severe your loved one’s accident was
- How long they were in the hospital before their death
- How costly their funeral was
- How much negligence the other party exhibited, as well as how much fault the deceased had in the accident
The good news is that your Acworth wrongful death attorney will be able to tally up your damages for you. In fact, at your free initial consultation, you can get an estimate of how much you may be able to expect from your wrongful death settlement.
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The Statute of Limitations for Wrongful Death Claims
In Acworth and all across the United States, there is a statute of limitations for filing a wrongful death claim. The statute of limitations is the legal deadline. If you try to file your claim after the statute of limitations has lapsed, you will most likely lose your chance at getting compensation.
In Georgia, the statute of limitations for wrongful death claims is two years from the date of the accident, according to OCGA § 9-3-33. Two years may seem like plenty of time to take action, but you should contact a lawyer as soon as you can. In some cases, the deadline can be much shorter, and it takes time to put together a strong claim.
Talk to a Wrongful Death Attorney in Acworth for Free
After the death of a loved one, it can be easy to feel lost and overwhelmed. The Acworth wrongful death lawyers at John Foy & Associates can be there for you during your difficult time. Let our skilled team handle the process of holding the negligent party accountable.
Contact us online or call us today to get your FREE consultation with one of our attorneys. We’re on call for you 24/7.
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