Wrongful Death Lawyer in Buford

Losing a loved one is overwhelming. If you’re searching for a wrongful death lawyer in Buford, our legal team can help.

At John Foy & Associates, we help families and personal representatives pursue the compensation and justice they are owed after losing a loved one due to another’s wrongful acts. With over 350 years of combined experience, we know what it takes to hold negligent parties responsible.

Get help from a Buford personal injury lawyer today. Schedule a free consultation.

What to Expect When You Hire Our Buford Wrongful Death Attorneys

When you trust us with a wrongful death case, you can expect a clear plan and steady guidance. We manage the investigation, evidence, and insurance negotiations while keeping you informed. Our role is to shoulder the legal burden, so your family can focus on healing.

We also work on a contingency fee basis, meaning there are no upfront costs. Our fee is a percentage of the recovery and is only collected if we obtain compensation for your family.

How We Build a Wrongful Death Case

Every wrongful death case begins with a careful review of the incident, the available insurance coverage, and the needs of the surviving family. From there, we move quickly to secure evidence and build a strong foundation for the claim.

Our investigation may include:

• Obtaining police, GSP, DNR, OSHA, or other official incident reports and 911 audio.
• Gathering photos, video footage, vehicle data, and site measurements in and around Buford.
• Interviewing witnesses and first responders while details are still fresh.
• Working with qualified experts in accident reconstruction, medicine, or other relevant fields.
• Reviewing insurance policies, coverage limits, and any applicable umbrella policies.

Once the evidence is in place, we prepare a detailed demand and pursue negotiations with the insurance carriers. If a fair resolution is not offered, our Buford wrongful death attorneys are prepared to file a lawsuit and present your case in the appropriate court.

Who Can File a Wrongful Death Claim in Buford?

Georgia law establishes a specific order for who may bring a wrongful death claim seeking the full value of the life of the person who died.

The surviving spouse has the first right to file the claim and is required to share any recovery with the deceased person’s minor children. If there is no surviving spouse, the right to file passes to the children, whether they are minors or adults.

If the deceased person did not have a spouse or children, the right to bring the wrongful death claim belongs to the parents of the deceased. This order is strictly defined by law, and filing by the correct party is important to avoid delays or dismissal of the claim.

If no spouse, children, or parents are available, the personal representative of the estate may file the wrongful death claim on behalf of the next of kin. The estate may also bring a separate claim for related losses, such as medical expenses, funeral costs, and the pain and suffering the deceased experienced before death.

How Comparative Fault in Georgia Can Impact a Wrongful Death Claim

Georgia uses a modified comparative fault rule in wrongful death cases. If some fault is assigned to the person who died, the total compensation may be reduced by that percentage. If the decedent is found to be 50 percent or more at fault, the family may be barred from recovering damages altogether.

Insurance companies often try to reduce what they owe by shifting blame onto the deceased, even when another party’s negligence caused the death. We carefully examine the evidence, challenge unfair fault allegations, and present a clear account of how the incident occurred.

Many wrongful death cases involve more than one responsible party, such as a negligent driver and an employer, or a property owner and a contractor.

A Buford wrongful death lawyer at our firm can pursue claims against all liable parties and identify every available source of insurance coverage, including excess and umbrella policies, to support full recovery.

Damages Available Under Georgia Wrongful Death Law

Georgia law recognizes two separate but related claims after a wrongful death, each designed to address different losses caused by the death. Understanding the distinction is important because the damages available and who receives them are not the same.

The wrongful death claim seeks the full value of the life of the decedent, measured from the perspective of the person who died. This includes both the economic value of the life, such as expected earnings, benefits, and services, and the intangible value, including relationships, enjoyment of life, and experiences the decedent would have had.

A separate estate claim may be brought to recover losses suffered before death. These damages can include final medical expenses, funeral and burial costs, and the decedent’s conscious pain and suffering. In cases involving especially reckless or intentional conduct, punitive damages may also be available through the estate claim to punish wrongdoing.

Deadlines for Georgia Wrongful Death Claims

Georgia law generally requires wrongful death claims and related estate claims to be filed within two years of the date of death. This deadline is strictly enforced, and missing it can permanently bar the family from recovering compensation, even when liability is clear.

Some cases qualify for tolling, which pauses the statute of limitations. For example, when a death results from conduct that is also the subject of a criminal case, O.C.G.A. § 9-3-99 may pause the deadline until the criminal matter ends, for up to six years.

Estate-related claims may also be tolled for a limited time if no personal representative has been appointed, under O.C.G.A. § 9-3-92.

These rules are highly fact-specific and easy to misapply. Our Buford wrongful death lawyers help identify which deadlines apply, determine whether tolling is available, and ensure all claims are filed on time in the correct court. Early legal review also allows time to preserve evidence and coordinate probate steps that can affect the case timeline.

Talk With a Buford Wrongful Death Lawyer Today

If you lost a loved one in Buford, you don’t have to handle the legal process alone. Our team will review your situation, explain your options under Georgia law, and outline the next steps at no cost.

Contact us to schedule your free consultation and speak with a wrongful death attorney today.