The death of a beloved spouse, child, or family member in a preventable, Ellenwood-area accident causes immeasurable pain and suffering. Nothing can fill the void left by this tragic loss, but you can hope to see the at-fault party held accountable by taking legal action. You can also often secure financial compensation to assist you and your family in regaining your footing and paying pressing expenses.
John Foy & Associates is a renowned personal injury and wrongful death law firm serving clients throughout Georgia. Our committed, compassionate team of Ellenwood personal injury attorneys and legal professionals works tirelessly to see justice done for the deceased victims of preventable accidents and secure money damages for those left behind.
Over our firm’s history, we have obtained over one billion dollars in results, a significant portion of it in cases involving a tragic loss of life.
An Overview of Georgia Wrongful Death Law
When the wrongful actions of an individual, business, or other entity cause a tragic, preventable death in Ellenwood, the law allows those most impacted to take legal action against the parties at fault.
Under a Georgia, statute called the Wrongful Death Act, a spouse, child, or (in some cases) parent of the deceased individual can file a lawsuit known as a wrongful death action seeking financial compensation for their loss. Any legal rights to sue for damages that the deceased individual had before death can also be enforced in a companion lawsuit called a survival action.
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Who Has Fault for a Wrongful Death?
Wrongful death in Ellenwood can happen in various circumstances, any of which can result from someone’s unreasonably dangerous decisions and actions. Numerous parties might face legal and financial liability for what happened. An experienced wrongful death lawyer in Ellenwood will work relentlessly to figure out how and why the death occurred and to identify every individual and organization that should be held accountable.
Through our careful investigation and review of the evidence, we may find, for example, that you and your family can pursue justice and financial compensation against:
- A careless driver who caused a fatal traffic accident, and the driver’s employer if the crash involved the driver’s work vehicle;
- The manufacturer of a defective consumer or industrial product that failed under normal use conditions, resulting in an accidental death;
- The perpetrator of a violent crime and any business or institution that enabled or turned a blind eye to the perpetrator’s actions; or
- A property owner failed to correct or warn the public about a hazardous property condition that led to a fatal accident.
These are merely a few examples, of course. At John Foy & Associates, we offer a free, confidential, no-obligation consultation to the spouses and families of wrongful death victims to enable them to begin exploring who should face accountability for their loved one’s death.
Money Damages for an Ellenwood Wrongful Death
A wrongful death action seeks financial compensation for a preventable death. Of course, the team at John Foy & Associates understands that money is no substitute for the loved one you have lost. But obtaining payment for wrongful death in Ellenwood can assist you and your family in regaining your financial stability and planning for the future. It can provide a measure of justice by forcing at-fault parties to bear the costs of their misconduct.
We cannot guarantee our clients any type or amount of financial compensation in a wrongful death case. But often, by pursuing a claim under the Wrongful Death Act, we can secure payment for what the law refers to as the “full value” of their deceased loved one’s life, which usually consists of:
- The value of their loved one’s lost wages, employment benefits, and other future income;
- The value of services their loved one provided in a household;
- The non-financial value of their loved one’s life, as determined by a jury.
In addition, in a survival action (usually filed in tandem with a wrongful death action), the deceased individual’s estate may also recover damages for any claim the individual could have pursued and the death not occurred, including claims for medical expenses, lost wages, and pain and suffering before death.
A Wrongful Death Claim Is Separate from Other Forms of Compensation
Your deceased loved one may have been covered by a life insurance policy that has already paid benefits. Or, as a surviving spouse, you may have the right to receive death benefits from workers’ compensation, your loved one’s pension, or a government program. These entitlements can provide important financial support during the difficult aftermath of a tragic loss.
However, they do not affect your right to seek financial compensation through a wrongful death action. Even if you have already received contractual or statutory death benefits, you may also have the right to pursue additional funds in a wrongful death lawsuit. In many cases, the potential damages recoverable in that wrongful death action can be far greater than the death benefits you have obtained.
At John Foy & Associates, we help you navigate the difficult aftermath of unexpected, preventable death. We know how to explore all potential sources of funds you have the right to receive as compensation for your loss.
In addition to pursuing a wrongful death claim on your behalf, we can frequently serve as your representative in dealing with insurance companies and government agencies who may also owe you death benefits so that you can have the time, space, and peace you need to process and heal from your loss.