The loss of a loved one can be devastating. Picking up the pieces is painful, and if someone else was responsible, you should not have to pay for their negligence. By making a claim against them, you can take steps towards moving on and holding them responsible.
A wrongful death lawyer in Jonesboro, GA, from John Foy & Associates can help. With an experienced attorney by your side, you may be able to get compensation for funeral expenses, lost companionship, pain and suffering, and more. It’s not just money–it’s closure.
What Is Considered Wrongful Death?
When someone passes, it is considered wrongful death if someone else was responsible through negligence or misconduct. The Official Code of Georgia Annotated (OCGA) § 51-4-1 states that a wrongful death claim can be filed when the death “results from a crime, from criminal or other negligence, or from property which has been defectively manufactured.”
An action that results in wrongful death can be either intentional or unintentional. Wrongful death lawsuits are civil actions, as opposed to murder or manslaughter charges, which are criminal. To have a valid wrongful death claim, the following must be true:
- The other party owed you a duty of care. The duty of care is the base standard that anyone is reasonably expected to treat others. If someone is on the road, their duty of care is driving responsibly. If a caregiver is treating a patient, their duty of care is doing everything in their power to keep their patient healthy.
- The other party breached that duty. This is what lawyers mean when they talk about negligence.
- The other party’s breach of care caused specific damages–in this case, your loved one’s death and the financial and mental costs that stemmed from their passing.
If someone is being charged criminally, you can still file a civil lawsuit for wrongful death. Criminal charges are meant to punish the party responsible, while civil suits are meant to compensate the victims’ families.
If you’re not sure whether you have a wrongful death case or if you can file the case, you can always get a consultation with one of our lawyers. At your free initial consultation, an attorney will listen to your story and tell you what can be done to hold the responsible party accountable.
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How a Jonesboro Wrongful Death Lawyer Can Help
One of the most important things that a wrongful death lawyer can do is take some of the burden off of your shoulders. Grieving is enough. You shouldn’t have to worry about legal details or how to get the money for your damages on top of that.
After your initial consultation, your lawyer will draw up a plan of how to handle your case. Then, they’ll get to work to make sure you’re compensated for the damage that the at-fault party caused.
Things that a wrongful death lawyer in Jonesboro, GA, can do for you include:
- Investigating your loved one’s accident
- Tallying the damages done to them and your family
- Proving the fault of the other party
- Negotiating with the insurance company
- Representing you in court, if necessary
Most of the time, a wrongful death lawsuit never becomes an actual lawsuit. Instead, the claim is settled outside of court when both parties agree on compensation and walk away without having to go to trial. Sometimes, those negotiations break down, though. If that happens, one of our lawyers will make sure your rights are protected in court.
How Much Is a Wrongful Death Claim Worth?
Every case is unique, so the compensation for each wrongful death claim will be unique as well. Because of that, it’s impossible to say how much your claim may be worth without first knowing the details of your case.
In general, compensation is based on specific damages that are either economic (financial costs) or non-economic (costs to your quality of life). An experienced wrongful death lawyer will know what to look for to calculate how much you’re owed and how to make sure the insurance company doesn’t short you.
To find out how much compensation you might be able to expect from your claim, you can talk to a wrongful death attorney for free. They can assess your case and estimate, depending on your damages, how much your claim might be worth.
Damages Available in a Wrongful Death Claim
Because the damage done in a wrongful death case is often more severe and compensation is meant to cover both what happened leading up to your loved one’s death and the costs after their passing, damages can be more in a wrongful death claim than other personal injury cases.
Damages available in wrongful death claims can include:
- Hospital bills
- Funeral costs
- Lost wages
- Pain and suffering
- Loss of companionship
Your compensation will include the money that your loved one may have brought to your household if they had not passed. That way, you can continue to support yourself without the additional wages that they were making.
Talk to a Wrongful Death Attorney in Jonesboro Today
After your loved one passes, you should be focused on grieving and recovering from your loss. The last thing you need is the burden of holding whoever caused their accident accountable. That’s where the Jonesboro, GA, wrongful death lawyers at John Foy & Associates can take over.
We understand the grieving process and we can treat your case with the care and compassion it requires. Don’t hesitate to get in touch with us about your claim. For a FREE initial compensation with one of our attorneys, call us or contact us online today. We’re available to talk 24/7.