If you’ve landed on this page, it might be because you’ve lost a loved one to an injury accident or illness in Sandy Springs. We’re sorry that you’ve had to seek out this information, and our Sandy Springs wrongful death lawyers are here to provide any information or assistance you need. Certain family members have the right to file a claim on behalf of the deceased individual, so you might be entitled to compensation for what you’ve experienced.
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 we’re dedicated to helping you, too.
Contact us today for a FREE, no-risk consultation with one of our experienced and compassionate lawyers. We do not charge you a fee unless you win, so there are no upfront or out-of-pocket costs to you. Call (404) 400-4000 or contact us online to get your FREE consultation today.
How Wrongful Death Claims Work in Sandy Springs
Wrongful death claims are available when someone dies as a result of someone else’s negligence or wrongful action. Since deceased individuals cannot bring the case, certain family members are able to file a claim on the deceased’s behalf. Eligible family members can file a claim or lawsuit seeking compensation for what the deceased suffered and lost.
Who Can File a Wrongful Death Claim in Georgia?
The laws on who can file a wrongful death claim are outlined under Georgia Code § 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 minor children cannot 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, anything recovery will be held by the estate until a next of kin can claim it.
Filing a Wrongful Death Case
To actually 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
Just like with 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 works on this type of case, they will work to determine what compensation is owed to the person bringing the case 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. To schedule a FREE, no-obligation consultation with us today, call (404) 400-4000 or contact us online.
Types of Wrongful Death Claims
According to data from the Centers for Disease Control and Prevention (CDC), 214,000 people in the United States die every year from injuries and violence. A wrongful death situation can happen in many different ways. Here are a few common examples.
Injury Accidents Involving Negligence
If the victim has died because of someone’s negligence, the death may not be intentional. However, just like with a personal injury claim where the victim is still alive, the at-fault person is still legally responsible for being careless and causing harm.
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
Doctors in Sandy Springs must be careful to do no harm when interacting with patients. If a doctor is careless in their care or fails to act properly and it leads to a patient’s death, the family might have a wrongful death case against the doctor.
Wrongful death suits can also result from deaths where the at-fault party intentionally killed the victim.
Damages Available 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 are meant to, most of all, punish the at-fault party and discourage future wrongdoing. To be eligible for punitive damages, there must be intentional, willful, or wanton behavior involved with the death.
Before filing a wrongful death claim, it’s important to know the full 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.
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 lawyer can handle every aspect of the case for you—so you can focus on mourning and being with your family members.
Speak with a Sandy Springs Wrongful Death Lawyer 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. We have been helping victims and their families for more than 20 years, and we’re not afraid to fight for your rights.
Call us today to get started with a FREE consultation and case evaluation. Call (404) 400-4000 or contact us online for your FREE consultation today.