Losing a loved one often creates emotional, financial, and mental stress for surviving family members. However, if the death occurred due to someone else’s actions or the party’s negligence, it can result in an extraordinary amount of emotional suffering and pain.
Although nothing can relieve the emotional burden due to the death of a loved one, a personal injury attorney in Duluth can help to pursue compensation.
We understand that no settlement can heal the pain of losing a loved one due to someone else’s fault. But our Duluth wrongful death lawyer understands the end of life expenses like medical bills, loss of income, and funeral costs can add up quickly.
Contact us for a no-obligation and free case evaluation today.
Common Causes of Wrongful Death in Duluth
Georgia law considers wrongful deaths as death resulting from another party or person’s negligence, reckless, criminal, or intentional actions. When proving liability, there must be a duty of care between the person who caused the death and the victim. That means that everyone has a duty of care to follow reasonable actions and avoid causing harm to another person.
Breaching this duty of care in whichever way, leading to death, is considered a wrongful death in the Gwinnett County, Georgia, area. Some of the most common causes of wrongful deaths in Duluth include:
- Car accidents
- Truck accidents
- Pedestrian accidents
- Medical malpractice accidents
- Slip and fall accidents
- Accidental deaths related to negligent security and hiring practices
- Worksite accidents
- Motorcycle accidents
Most of these, including other incidents, have a person responsible for the safety and well-being of victims. However, they have neglected their responsibility, leading to death. Taking legal action against these accidents is crucial but a complicated process. Thus, working with a Duluth wrongful death lawyer as soon as possible is essential.
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Filing a Wrongful Death Lawsuit in Duluth
Georgia law requires certain people to file a wrongful death lawsuit. Only surviving members are eligible to bring the suit, mainly the spouse and children. The spouse or children must prove liability and share any damage based on the wrongful death legal action. If the departed person had no partner or children to initiate a lawsuit against the party-at-fault, the parents could bring a suit.
If the deceased has no partner, children, or parents to bring a suit, personal representatives of the departed person’s estate can file for compensation. In such cases, settlement is awarded to the estate of the deceased person’s next of kin.
Compensation Recoverable for Wrongful Death in Duluth
When seeking compensation for wrongful death in Duluth, Georgia law provides two categories based on the scope of the case. First, you can receive compensation that covers the value of the deceased’s life. Unlike other states, Georgia prohibits compensation for the loss of companionship, advice, and consortium, including the lack of a rigid cap for determining the value of life.
Compensation recoverable for the full value of the life of the deceased includes:
- Lost lifetime earnings
- Lost wages and benefits
- Intangible aspects of life like community development
Second, compensation that covers the deceased’s estate for end-of-life costs and expenses can be awarded. This settlement is awarded to the estate and includes the following damages:
- Funeral and burial costs
- Conscious suffering and pain before the victim’s death
- Medical expenses associated with the catastrophic illness or injury of the deceased.
Because determining the value of these damages can be difficult, including negotiating for fair compensation, working with a wrongful death lawyer in Duluth is crucial. At John Foy, we understand how complex legal matters related to wrongful deaths in Duluth can be. Therefore, our lawyers are passionate about fighting on your behalf and represent you fully, in and out of court.
Georgia’s Statute of Limitations on Wrongful Death Lawsuits
In a nutshell, the statute of limitations refers to the time limit you have to file for a wrongful death case. In Georgia, surviving families of victims who died because of someone else’s negligence or actions have to file a wrongful death lawsuit within two years. This means that failing to initiate your claim within this period can make your case ineligible for compensation.
However, the statute of limitations can be altered or paused for several reasons, including when criminal actions caused the death. However, it is essential to contact a Duluth wrongful death lawyer immediately after the death of a loved one to initiate the process as soon as possible. That prevents missing the deadline while seeking maximum compensation.
How a Duluth Wrongful Death Lawyer Can Help You
Our wrongful death lawyers in Duluth have handled similar cases before and delivered excellent results to our clients. Working with our lawyer ensures you receive a reasonable settlement covering all your financial expenses associated with a family member’s death. Other ways our lawyer can help include:
- Review the situations leading to the death of a loved one
- Advice on available legal options when seeking compensation
- Gather critical evidence that proves liability
- Negotiate for a reasonable settlement
- Protect your rights
- Ensure you receive maximum compensation
Our Duluth wrongful death lawyer focuses on resolving all the legal intricacies. Further, they deal with insurance companies that often fight towards awarding the minimum reward to surviving family members. Our lawyer will also build a strong case if your case goes to trial, ensuring you win the case.
Contact a Duluth Wrongful Death Attorney Today
If your loved one was killed due to someone else’s actions or negligence, you deserve to be compensated. At John Foy, our Duluth wrongful death lawyer can help you understand your legal options and guide you towards getting the full compensation. Contact us today to schedule a free, confidential, and no-obligation consultation with our Duluth wrongful death lawyer.