It is challenging to face the unexpected death of a loved one, especially when the loss was possibly preventable. Besides, wrongful deaths can impact surviving relatives differently, since the grief and financial chaos that comes with it introduces unforeseen difficulties. If you have lost a loved one and suspect it is someone else’s wrongdoing, file for a wrongful death claim to get compensated.
However, wrongful death claims are complex cases that require experience, sympathy, and knowledge when pursuing compensation. At John Foy & Associates, we help families who have lost their loved ones due to someone else’s fault navigate the legal process and get compensated fairly. Our Kennesaw personal injury lawyer will protect your rights and negotiate on your behalf at every level of seeking compensation.
What Is a Wrongful Death Claim?
A wrongful death claim is a type of civil lawsuit where the victim’s family files a claim to seek financial compensation from the at-fault party. These claims often result from deaths caused by the negligence of another entity or person. Various negligent acts may lead to wrongful death claims that often result in a wrongful death lawsuit.
Wrongful death cases are identical to standard personal injury claims but involve the loss of life rather than physical and mental damage. Furthermore, personal injury claims resemble wrongful death lawsuits since:
- The party-at-fault owed a duty of care to the victim.
- The at-fault party breached the duty of care.
- The breach of duty directly caused the fatal accident.
- Damages have resulted.
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Common Causes of Wrongful Death Actions in Kennesaw
A party may seek compensation anytime when another party’s wrongful act, carelessness, or negligence led to death. That means that the type of accident might be fatal and result in a wrongful death claim. Our Kennesaw wrongful death lawyer is passionate about representing families whose loved ones died due to the fault of another. Some common accident types that may lead to wrongful death include:
- Motor vehicle accidents
- Pedestrian and bicycle crashes
- Premises liability accidents
- Medical malpractice
- Product liability incidents
- Slip and fall accidents
If your loved one dies because of someone else’s fault, and you are unsure whether you have a cause of action or not, contact our law firm for a free consultation today!
Who Can File a Wrongful Death Claim in Kennesaw?
Specific parties have the right to file a wrongful death lawsuit in Kennesaw and surrounding areas. Although each jurisdiction has its own laws regarding who can file a wrongful death lawsuit, parties that can file wrongful death suits in Georgia include:
- Spouse of the decedent
- Children of the decedent
- Surviving parents of the decedents
Our wrongful death attorneys in Kennesaw can help you file your claim, especially if you are unfamiliar with the legal process. This ensures you follow due process, including gathering critical evidence to get compensated. Our lawyer will also protect your rights following the death of your loved one, primarily when negotiating with insurance companies.
Damages Recoverable in a Wrongful Death Action
Losing someone you love at the hands of another can result in the suffering of surviving family members. Besides grief, they are likely to suffer various damages, both economic and non-economic losses. Thus, plaintiffs filing a wrongful death lawsuit can seek compensation for myriad damages that emerged from the death of their loved ones. These include:
- Medical expenses before death
- Pain and suffering
- Funeral and burial expenses
- Lost wages, earnings, and benefits
- Loss of care and companionship, among other benefits
The Statute of Limitations in Georgia
Because wrongful death lawsuits are considered civil actions in Georgia, they are governed by the statute of limitations that determine the time limit the victim’s family has to file a claim after death has occurred. In Georgia, the statute of limitations for any wrongful death case is two years from the time of death.
Suppose a party fails to bring forth the case after this period, they will be barred from seeking compensation. Therefore, it is essential to take action sooner to begin the process and secure your rights to recover compensation after the death of your loved one.
How a Wrongful Death Lawyer in Kennesaw Can Help You
Pursuing a wrongful death claim without legal counsel can be challenging and likely to lead to receiving compensation you are not entitled to. Here is how our Kennesaw wrongful death lawyer can help you.
Investigate and Gather Critical Evidence
Establishing fault is the most critical part of a wrongful death claim, where you need to prove the other party led to the death of your loved one. Our Kennesaw wrongful death lawyer begins investigating your claim, gathering evidence to support your claim, and determining what led to the death of your loved one.
Determine the Value of Your Case
Since every wrongful death case is different, our Kennesaw wrongful death attorney will determine the value of your lawsuit depending on the worth of your economic damage. Also, they will determine the value of your non-economic losses and estimate the total amount you are likely to receive as compensation.
Negotiate Your Settlement
Our lawyer understands the legal process involved when filing for compensation after the wrongful death of your loved one. Besides, they have handled similar cases, making them aware of what to expect when negotiating with insurance companies. This makes our Kennesaw wrongful death lawyer a skilled negotiator prepared to fight for your rights.
Contact a Kennesaw Wrongful Death Lawyer at John Foy & Associates Today
Losing a loved one in an unpredictable accident is often unplanned, whether from a fatal car accident or medical malpractice. When someone you love dies at the hands of another, a wrongful death lawyer at John Foy & Associates can reduce your pain and suffering by taking over your case. We know how difficult it is to seek compensation after losing someone you love.
Our wrongful death lawyer lets you deal with legal issues while focusing on your emotional recovery. To find out what your case might be worth and how our lawyer can help, contact us today to schedule a consultation!