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 Sandy Springs personal injury lawyers are dedicated to helping you, too.
Contact us today for a free, no-risk consultation with one of the experienced and compassionate Sandy Springs wrongful death lawyers. We do not charge you a fee unless you win, so there are no upfront or out-of-pocket costs to you.
Why Hire John Foy as Your Sandy Springs Wrongful Death Lawyer
While you’re not legally required to hire an attorney for a personal injury case, 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 guiding you through the legal system. Our team at John Foy & Associates has over 350 years of combined experience and can assist you in many ways.
Gathering Evidence for Your Claim
Our lawyers will give you space and time to grieve. Then, we will do all of the work collecting evidence, speaking to witnesses, getting police reports, and consulting with experts. Once we gather all of your evidence, we will organize it when filing the claim.
Negotiating on Your Behalf
You can focus on what matters the most while we take care of the insurance company for you. We will negotiate strongly on your behalf and represent your best interests at all times. If we can’t reach a fair settlement, our personal injury attorneys in Sandy Springs have zero issues escalating your claim to court and fighting 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.
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. Our compassionate Sandy Springs wrongful death lawyers at John Foy & Associates can guide you through every step of that process.
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.
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Types of Wrongful Death Claims You Can File
A wrongful death can happen in many different ways. Sometimes, death is instant; other times, catastrophic injuries lead to death later. It doesn’t matter how death occurs; as long as a negligent party was involved, you can file a claim against them.
Car accidents, truck accidents, and other motor vehicle accidents make up a large part of wrongful death cases. In Fulton County, dangerous roads for car accidents and truck accidents include interstates and major thoroughfares, such as Roswell Road and Abernathy Road. Other fatal injury accidents can include:
- Slip and fall accidents
- Dog bites and other animal attacks
- Pedestrian accidents
- Premises liability accidents
- Defective product accidents
- Bicycle or motorcycle accidents
- Medical malpractice
- Intentional violence
Regardless of whether your loved one’s death was intentionally caused or not, the at-fault party should be held liable. Don’t hesitate to get justice and the financial recovery you deserve to move forward with your life.
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 lawyer 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 personal injury law firm takes all 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.
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:
- Cost of medical treatment from the deceased’s last injury or illness at Emory Saint Joseph’s Hospital or another care facility
- Lost wages and other benefits the deceased provided
- Funeral and burial costs
- Pain and suffering the deceased experienced before they died
- Loss of companionship or other intangible losses
In some situations, punitive damages may be available in a wrongful death claim. These 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 personal injury claim, it’s essential to know the total value of what was lost. The best way to know for sure is by working with our law firm 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, Georgia law OCGA § 9-3-33 typically gives you only two years from the date of the death to file a claim. After the deadline, you won’t be able to pursue economic damages or non-economic damages at all.
Thankfully, the experienced Sandy Springs wrongful death attorneys from John Foy & Associates can handle every aspect of the case for you, so you can focus on mourning and being with your family members.
Sandy Springs Wrongful Death FAQ
When you meet with our team, we are prepared to explain your situation and address any uncertainties surrounding your situation. However, before you meet with a lawyer, it can help to know some critical background information.
With that in mind, below are some answers to common questions about wrongful death claims and settlements. For more detailed answers, reach out to the Sandy Springs lawyers for wrongful death at John Foy & Associates.
What’s the Difference Between Wrongful Death and Criminal Homicide?
The difference between wrongful death and criminal homicide is that wrongful death lawsuits are a civil matter, while homicide is a criminal matter. The same action can lead to both a wrongful death lawsuit and criminal homicide trial, but you can file a lawsuit even if no crime occurred.
How Long Does a Wrongful Death Claim Take?
Timelines can vary, but most wrongful death claims take over a year to resolve. In the most ideal circumstances, you can resolve it in a few months. But complex cases can take several years to litigate.
How Much Money Can I Get in a Wrongful Death Lawsuit?
It’s impossible to predict beforehand how much a person can get in a wrongful death lawsuit. The value of your claim can vary significantly depending on factors like medical bills, the value of lost work income, and the degree of negligence involved.
Speak with a Sandy Springs Wrongful Death Attorney for Free Today
When you’re searching for a “Sandy Springs wrongful death lawyer near me,” look no further than the dedicated and experienced team at John Foy & Associates. We understand that losing a loved one is a deeply painful experience, and our compassionate team 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 initial consultation with a wrongful death lawyer in Sandy Springs.
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