While money can, of course, never make up for the loss of life, we find that it can help mourning family members put affairs in order and recover costs that have resulted from the tragic incident. John Foy & Associates has been helping injury victims and their families for more than 20 years, and our lawyers are dedicated to helping you, too.
Contact us today for a free, no-risk consultation with one of the experienced and compassionate lawyers at John Foy & Associates. We do not charge you a fee unless you win, so there are no upfront or out-of-pocket costs to you. Call or fill out our online form to schedule an appointment.
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How Wrongful Death Claims Work in Sandy Springs
Wrongful death claims are available when someone dies due to someone else’s negligence or wrongful action. Since deceased individuals cannot bring the case, certain family members can file a claim on the deceased’s behalf. In addition, eligible family members can file a claim or lawsuit seeking compensation for what the deceased suffered and lost.
What Will a Sandy Springs Wrongful Death Lawyer Do for Me?
Our Sandy Springs wrongful death lawyers can assist you in many ways. While there’s no requirement for you to hire a lawyer, not hiring one means the insurance company has a significant advantage over you when you file your claim. We can level the playing field by assisting you throughout the whole process.
Gathering Evidence for Your Claim
Going through a wrongful death is emotionally challenging. The last thing on your mind during the time leading up to the passing would be to gather evidence. Still, you need proof to prove your damages and win against the insurance company.
Our lawyers will give you space and time to grieve. Then, we will do all of the work collecting evidence, speaking to witnesses, and consulting with experts. Once we gather all of your evidence, we will organize them when we negotiate a settlement.
Negotiating on Your Behalf
Negotiations tend to take several weeks. You may need to attend a wake, funeral, or take care of other personal matters during this time. We will negotiate strongly on your behalf and represent your best interests at all times.
You can focus on what matters the most while we take care of the insurance company for you. If we can’t reach a fair settlement, our wrongful death lawyers in Sandy Springs have zero issues escalating your claim to court and fight through a trial.
Calculating Your Damages Accurately
Wrongful death settlements often fluctuate depending on a multitude of factors. However, we can ensure that all of your damages get appropriately accounted for. We use formulas and take an all-encompassing approach to how we calculate damages. Rest assured, we will always pursue the maximum amount of compensation available for your case.
Who Can File a Wrongful Death Claim in Georgia?
The laws on who can file a wrongful death claim are outlined under the Official Code of Georgia Annotated (OCGA) §51-4-2. In order, those who can receive compensation from this type of case are:
- The deceased person’s spouse and any minor children the deceased and spouse had
- The deceased’s surviving parent or parents
- A personal representative for the deceased’s estate
Since minors can’t bring a case by themselves, the decedent’s surviving spouse must represent the children’s interests. However, the spouse also cannot receive less than one-third of the total compensation. It does not matter how many children there are. If a representative for the deceased’s estate files the claim, the estate will hold any recovery until a next of kin can claim it.
Steps to Filing a Wrongful Death Claim
To file a wrongful death claim, the plaintiff (person bringing the claim) will have to show that:
- The at-fault party owed the deceased person a duty of care
- The at-fault party breached its legal duty of care
- The breached duty directly caused the deceased’s death and
- The death led to damages
Like any other personal injury case in Georgia, a wrongful death claim must demonstrate that the death happened because of someone else’s negligence. When a wrongful death lawyer in Sandy Springs works on this type of case, they will determine what compensation is owed to the person bringing the claim based on the deceased’s death.
At John Foy & Associates, our lawyers take wrongful death cases very seriously. We know how delicate the situation is for family members, and we work tirelessly to fight for your rights. We won’t let the insurance company get away with you paying only the bare minimum for what you’ve gone through.
Types of Wrongful Death Claims You Can File
According to data from the Centers for Disease Control and Prevention (CDC), 214,000 people in the United States die from injuries and violence every year. A wrongful death situation can happen in many different ways. It doesn’t matter how wrongful death occurs. As long as a negligent party was involved, you can file a claim against them.
Over 33,700 people die in motor vehicle crashes every year, according to the CDC. Car crashes and other vehicle accidents make up a large part of wrongful death cases. Other fatal injury accidents can include:
- Slip and fall accidents
- Dog bites and other animal attacks
- Pedestrian accidents
- Bicycle or motorcycle accidents
- And more
- Medical Malpractice Deaths
Regardless of whether your loved one’s wrongful death was intentionally caused or not, the at-fault party should get held liable. Don’t hesitate to get justice and the financial recovery you deserve to move forward with your life.
Compensation in a Sandy Springs Wrongful Death Case
Wrongful death cases in Georgia allow you to recover for the full value of the deceased loved one’s life. This includes damages like:
- Medical costs from the deceased’s last injury or illness
- Lost wages and other benefits the deceased provided
- Funeral and burial costs
- Pain and suffering the deceased experienced before they died and
- Loss of companionship or other intangible losses
In some situations, punitive damages may be available in a wrongful death claim. Punitive damages exist to punish the at-fault party and discourage future wrongdoing. There must be intentional, willful, or wanton behavior involved with the death to be eligible for punitive damages.
Before filing a wrongful death claim, it’s essential to know the total value of what was lost. The best way to know for sure is by working with a Sandy Springs wrongful death lawyer from the beginning. They can account for all damages and ensure your family is being treated fairly during the process.
The Statute of Limitations for Wrongful Death Claims in Sandy Springs
If you’ve lost a loved one in Sandy Springs, we know a legal case is the last thing you want to think about. However, the clock does not stop ticking, and you typically only have two years from the date of the death to file a claim. Thankfully, an experienced wrongful death attorney in Sandy Springs can handle every aspect of the case for you, so you can focus on mourning and being with your family members.
Don’t Accept the Initial Settlement Offer You Receive
Even in wrongful death cases, insurance companies will still try to get away with paying you only the bare minimum. Because of this, you should never accept their initial settlement offer. Instead, they are trying to get you to accept their lowball offer and absolve themselves of any obligation to pay you further.
Speak with a Sandy Springs Wrongful Death Attorney for Free Today
To get help with your wrongful death case today, reach out to John Foy & Associates, and we’ll be happy to help you. We can answer any questions you have, listen to your situation, and discuss how we can assist you and your family. Call or contact us online for your free consultation today.