The defendant’s liability in a wrongful death case, as in other types of personal injury claims, is only expressed in terms of monetary compensation (“damages”) that the court orders the defendant to pay to the descendant’s survivors or estate.
A wrongful death lawsuit is a private action and differs from criminal charges for the same crime because the claim seeks compensation—unlike a criminal case where the goal is to punish the wrongdoer through jail or prison time, probation, and/or additional fines.
If you have lost a loved one through the negligence or misconduct of someone else, you will need an experienced attorney. The Stone Mountain personal injury attorneys at John Foy & Associates have the understanding and compassion to help you file a case on behalf of their estate.
Why Hire “the Strong Arm” for a Wrongful Death Claim
We are proud of the fact that we are a firm that cares, and it shows in all that we do. We are not a “volume firm,” and we do not take on more clients than we can serve. Our wrongful death attorneys in Stone Mountain manage modest caseloads, so they can always provide the same exceptional level of service. We try to create a diverse, inclusive environment within our firm by being collaborative, helpful, and encouraging.
John Foy & Associates opened over 20 years ago and has strived to build a reputation that clients can count on for any matter. We have a depth of experience with wrongful death cases and understand how sensitive this area of law can be. Our firm has dedicated its practice to helping loved ones of wrongful death victims.
At John Foy & Associates, we are renowned as the “Strong Arm of Georgia.” We are a tenacious group of attorneys who will fight for our clients until the end. In addition to Stone Mountain, we serve over 90 cities in Georgia and are proudly located in Atlanta, Georgia.
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Why You Need a Wrongful Death Lawyer in Stone Mountain
A Stone Mountain wrongful death lawyer can help grieving family members by doing a variety of tasks. They can look into the facts surrounding your loved one’s death, determine liability, advise you on your legal rights, and possibly file a lawsuit on your behalf to seek compensation for the damages incurred as a result of their death. Additionally, they can help prepare your case for trial, or they can settle through negotiations – whatever is best for your situation and needs.
Determining liability is very important in wrongful death lawsuits. An experienced personal injury attorney will be able to prove who is liable and hold them accountable. Sometimes, this can be more than one person and is often difficult to prove when there was no outward act.
How to File a Wrongful Death Claim in Stone Mountain, GA
First, it is important to know who can file a wrongful death lawsuit. Under Georgia Code §51-4-2(a), any surviving immediate family can bring a claim for wrongful death on behalf of the descendant. This includes a surviving spouse, and if not a surviving spouse, then the children.
What to Do When There Are No Living Family Members to File a Claim
If there are no children or spouses, then the parents of the victim can file a lawsuit. If there are no surviving family members, then the default under Georgia Code §51-4-5 states that an assigned administrator of the estate is responsible for filing a wrongful death lawsuit.
Once it has been established who is filing the lawsuit, the next step is to submit a proper claim. In order to submit a claim, you must prove that your case is a wrongful death case. This is done by establishing liability through negligence, an intentional act, or recklessness. Most wrongful death cases will involve negligence. After you have established liability and filed your claim, then you need to decide if you would like your case to go to trial or if you can come to a favorable outcome through settlement negotiations.
It is imperative that you hire an experienced personal injury attorney to conduct discovery in your case to ensure all steps are properly followed. Wrongful death comes can easily become complicated, which is why you need a skilled professional on your side. An attorney will be able to prepare your case for trial, as well as conduct settlement negotiations to get you the compensation you deserve.
Contact a Stone Mountain Wrongful Death Attorney at John Foy & Associates
Losing a loved one is always difficult, especially when that death comes unexpectedly. There are many feelings that come to the surface when you lose a loved one in this way, and filing a lawsuit may be the last thing on your mind during these trying times. However, it may be necessary. You should not be left in financial turmoil from losing a loved one.
We know that no amount of money will bring your loved one back. However, it could ease your financial burden and help with any unexpected costs. If you believe you lost a loved one through negligence or an intentional act, it is best that you consult with an experienced attorney. The Stone Mountain wrongful death attorneys at John Foy & Associates have been handling such cases for over two decades and will always work to get our clients the best possible outcome.