If your loved one suffered a wrongful death, you may not know where to turn or what to do. We can help you seek justice for the loss of your loved one and hold those liable parties responsible and accountable for your loved one’s death.
With decades of experience on our side, our attorneys at John Foy & Associates can help you fight for compensation to cover things like funeral and burial costs, medical treatment your loved one may have received before their passing, and your loss of consortium and financial support. Contact our personal injury attorneys today at 404-400-4000 to get started.
What is Wrongful Death?
A wrongful death claim occurs when somebody loses their life through somebody else’s fault, negligence, recklessness, or criminal behavior. This can happen in any number of ways, including a car wreck, tractor/trailer wreck, a slip and fall, dog attack, or nursing home abuse. If you are unsure if you have a wrongful death cause of action, call John Foy & Associates for free legal counsel.
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What are punitive damages and do they apply to wrongful death cases?
Punitive damages are meant to punish the wrongdoer and are above and beyond the typical compensation for a victim. In a simple personal injury case, a victim can recover medical expenses, lost income, and pain and suffering. However, a court may award punitive damages to punish the wrongdoer.
These damages are typically awarded in a DUI case or if the person being sued did something willfully or wantonly, meaning intentionally or with intent. These claims are very difficult to prove, but John Foy & Associates Wrongful Death Attorneys has a 20-year track record of knowing when to fight for these claims. Municipalities and companies can also be responsible for punitive damages.
Other types of damages you can claim in a wrongful death case
In addition to punitive damages, you can also include damages in your claim that relate to funeral and burial costs, as well as reimbursement for any medical treatment your loved one received prior to their death. Further, you can include the loss of consortium as well as the loss of income to support you that you would have otherwise received if your loved one did not suffer a wrongful death.
Atlanta Wrongful Death Lawyer Near Me 404-400-4000
What are the grounds for a wrongful death suit?
A wrongful death may happen in any number of ways, but the grounds for a suit are fairly simple: Somebody or some entity was at fault or negligent and the cause of someone else’s death.
The state of Georgia allows the appropriate party to file a wrongful death case. Generally, this is a spouse or children if there is no spouse. Only the appropriate party can make a wrongful death claim. After that, wrongful death is a typical lawsuit for personal injury attorneys. We initiate a claim based upon the loss of someone’s life and we seek proper compensation.
How much can you sue for in a wrongful death case?
“In a civil action, the only way we can really compensate somebody for passing away is through a resource of money,” says firm founder John Foy. In Georgia, you have the right to recover the full value of the life of the deceased, this accounts for lost wages and benefits, medical and funeral costs, as well as the intangible of loss of companionship and any pain and suffering the deceased may have experienced. We take these cases very seriously and explain the process as we work. Our firm has been in business for more than 20 years and we have an excellent team to work with us to fight for your family and protect its rights.
For a free legal consultation with a wrongful death lawyer serving Atlanta, call 404-400-4000
Is a wrongful death settlement taxable?
A typical wrongful death settlement is not taxable. The only taxable income in a lawsuit is if you recover punitive damages.
Who can you sue for wrongful death?
The technical term for who can be sued is a tortfeasor. That means the person, persons, or entity that committed the wrongdoing. Only the tortfeasor can be sued for wrongful death.
How do multiple family members share the settlement award?
OCGA §51-4-2(d)(1) states that a wrongful death award should be divided equally among the victim’s surviving spouse and children. However, the spouse will always keep at least one-third of the total award regardless of how many children the victim has.
The distribution of an estate claim depends on the terms stated in the victim’s will. If the victim died intestate, or without a will, Georgia law determines the distribution in this case.
How long does a wrongful death suit take to settle?
The goal at John Foy & Associates is to get you as much money as we can, as quickly as we can. But we’ll also be methodical and diligent so that we know you’re getting the best recovery possible. Many of our cases are settled before we go to court, but that doesn’t mean we’re shy about taking anyone to trial. Every wrongful death case is different. Call one of our attorneys at 404-400-4000 and we’ll walk you through your next steps. Your call is free and confidential.
Can you sue a hospital for wrongful death?
Yes. If somebody is responsible for your loved one’s death, you have the right to pursue a wrongful death suit. In medical cases, you can sue a hospital, doctor, nurse, or another hospital employee. Call our Wrongful Death attorneys at 404-400-4000 to see if you have a case.
What is the statute of limitations for wrongful death cases in the state of Georgia?
The statute of limitations for a personal injury case is generally two years from the date of the incident but there are shorter exceptions. Don’t delay, call an attorney. No matter the statute of limitations, the sooner you call an attorney, the faster we can start investigating your case. The more time that passes, the more difficult a case can become. “Witnesses disappear, memories fade and it becomes very difficult to put together the pieces to your case,” says firm founder John Foy. We urge you to call a Wrongful Death Lawyer at John Foy & Associates at 404-400-4000 as soon as possible. Your loved one will never be replaced, but we can help you get compensation so you can rebuild your life.