Every year, thousands of people lose their lives or their loved ones in vehicle accidents, medical malpractice scenarios, construction site accidents, or work-related catastrophes. The unexpected death of a loved one is painful, especially when it could have been prevented.
An experienced wrongful death attorney in South Fulton can help you seek compensation. Even though you cannot bring back your loved one, it is important to hold those responsible for the death accountable.
How Is a South Fulton Wrongful Death Attorney Helpful?
Even though most people don’t prioritize legal action after losing their loved ones, it is crucial to retain a trusted lawyer to handle the accident-related legal aspects. There are no shortcuts to getting the compensation you deserve, but an aggressive and knowledgeable wrongful death lawyer can help by guiding you through the entire legal process, from the initial consultation to the final settlement.
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Which Wrongful Death Lawyer in South Fulton Should You Get for a Case?
Often, a personal injury lawyer is best suited to handle wrongful death matters. This is mainly because wrongful death and personal injury claims contain similar elements.
Most personal injury claims, especially those related to medical malpractice or car accidents, are handled out of court through settlements. However, it is common for wrongful death cases to go to court. You should retain a South Fulton wrongful death lawyer with sufficient experience in handling court cases, whether they occur before a jury or a judge.
Hiring the right attorney, someone who has your best interests at heart, is important. A wrongful death lawyer can assist you in finding the individuals that should be held accountable as you come to terms with your loss.
What Is Reasonable Care in a Wrongful Death Case?
Just like in a personal injury case, certain facts must be established for your wrongful death lawsuit to be successful. After identifying the individual or entity responsible for your loved one’s death, it must be proven that they acted negligently, intentionally, or recklessly.
Furthermore, it must be proven that the negligent, reckless, or intentional behavior of the at-fault party caused your loved one’s death. This includes demonstrating that the responsible individual or entity failed to show reasonable care.
Reasonable care refers to a behavior that is considered normal, implying that any other individual would have acted similarly in that situation. For instance, at a crosswalk, it is normal for drivers to slow down and stop. A reasonable driver would stop until all pedestrians have crossed to the other side.
Types of Damages in a Wrongful Death Claim
There are two types of compensation that the family and executors of the wrongfully deceased’s estate may be entitled to:
- Economic damages:These refer to the financial losses incurred, including but not limited to the medical expenses, lost benefits, lost income, and funeral expenses.
- Non-economic damages: These refer to the intangible losses that the bereaved family suffers, such as loss of companionship, emotional agony, loss of education, and grief.
According to Georgia’s wrongful death statute, several individuals can receive compensation. When there are multiple recipients, the distribution of the damages becomes complex; therefore, it is important to have an experienced South Fulton wrongful death lawyer handle the case.
Who Is Eligible to File a Wrongful Death Suit in South Fulton?
Here are the people who are eligible to make a wrongful death claim, as stipulated by the Georgia wrongful death statute:
- The decedent individual’s spouse
- The child or children of the deceased (when there is no surviving spouse)
- The deceased’s parents (when there is no surviving spouse or child)
In the event that the people mentioned above are unavailable or are unwilling to file a suit, the estate’s executor can file the wrongful death claim on their behalf. The siblings or grandparents of the decedent are not qualified to file a suit. The recovered compensation is awarded to the deceased individual’s next of kin.
Conditions that Need to Be Met for a Wrongful Death Claim
Wrongful death is described as the unlawful and untimely death of a person due to the carelessness or negligence of another person or entity. The following conditions must be met for a wrongful death claim to be raised:
- A person must have lost their life.
- Another person’s carelessness must have caused the death.
- The death must directly cause suffering damage to the surviving family members.
- A decedent’s estate representative must be appointed.
To show culpability, a wrongful death lawyer can demonstrate how the at-fault party’s negligent behavior directly resulted in the wrongful death of a loved one. For instance, if a driver was texting when driving and didn’t see a pedestrian, the collision that resulted in the death of that pedestrian may lead to a wrongful death case.
The Process of Filing a Wrongful Death Claim
After finding out that the death of a loved one meets the above conditions and after confirming that you qualify to file a claim, a South Fulton wrongful death lawyer can use the following steps to investigate the circumstances surrounding the death of a loved one:
- The attorney can collect the necessary witness information and any statements related to the death.
- The lawyer can reserve all available proof, such as photos or other essential items, that can be used to support the claim.
- The wrongful death lawyer can then negotiate a settlement or proceed to trial.
It is crucial to note that claimants must file a wrongful death claim within two years after the death of a family member. After that, the surviving family members may be denied the right to claim compensation.
Contact an Experienced Wrongful Death Lawyer in South Fulton Today
We understand that these accidents can drain you financially and that you may not be able to afford to hire a wrongful death lawyer. At John Foy & Associates, you will pay nothing out of pocket until we win. We do things differently than the other wrongful death attorneys in South Fulton, and our clients appreciate our approach.
We believe that everyone should be in a position to afford legal representation in the event of an accident or death of a loved one. If you wish to file a lawsuit, let us learn more about your case so that we can start handling it for you as soon as possible. Contact us today to schedule your free consultation with a South Fulton wrongful death lawyer.