Any death in the family is tragic, especially when it’s unexpected. When someone else caused it, even if they didn’t mean to, you shouldn’t be the one saddled with the costs involved. Our personal injury lawyers in Tucker can help you recover compensation and hold the at-fault party accountable.
Learn more about wrongful death claims in Georgia and what an attorney can do for you and your family. If you have any questions about your case or want to find out how much you may be eligible for, you can get a free consultation with us at John Foy & Associates.
What Is a Wrongful Death Claim?
When a loved one is killed in an accident, there are often many expenses involved in the aftermath, not to mention the non-economic tolls. A wrongful death claim is the legal action that the victim’s family takes to recover compensation for damages caused by the party at fault for the accident.
The Official Code of Georgia Annotated (OCGA) § 51-4-1 states that wrongful death claimants can recover the “full value of the life of the decedent.” That means you could recover the wages that your loved one brought to the household and the medical bills and other expenses that they accrued before or after their death.
Wrongful death claims are usually dealt with by the at-fault party’s insurance company. They result in settlements, which are agreed-upon payments to the victims’ families. In the rare event that the insurance company or other party refuses to settle, you will most likely have to file a lawsuit to get the compensation you’re looking for.
Lawsuits are very unlikely in cases like yours. They can be long and drawn-out, and the insurance company will want to avoid paying for one. With the right wrongful death lawyer, you can get a favorable settlement that covers the full extent of your damages.
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Why Victims Hire Wrongful Death Lawyers in Tucker
When you hire an attorney, you’re recruiting someone to handle your claim from beginning to end. Wrongful death lawyers don’t just argue in court – they do everything possible to show what happened in your loved one’s accident and why you’re owed compensation.
Services that your wrongful death attorney in Tucker can provide include:
- Investigating your loved one’s death
- Gathering evidence showing the other party’s fault
- Calculating your damages
- Negotiating with the insurance company
- Representing you in court if the other party refuses to settle
Another reason that victims hire wrongful death lawyers is the fact that, with the right firm, they don’t have to pay anything up front. We work on a contingency-fee basis, which means our payment only comes once we’ve won your case. If we don’t get you compensation, you don’t owe us anything.
What Makes a Death Wrongful?
There are plenty of tragic accidents that happen. However, wrongful death hinges on another party’s fault in your loved one’s accident. To count as wrongful death, your case must have the following elements:
- Duty of care: The other party must have owed your loved one a standard responsibility to keep them safe and not bring harm to them. This can be driving responsibly, preventing a medical error, or keeping their premises danger-free.
- Breach of duty: The other party must have somehow breached their duty of care. This can be intentional or through negligence.
- Causation: The other party’s breach of duty must have directly or indirectly caused your loved one’s accident and death.
- Damages: You, your loved one, and your family must have suffered monetary and non-monetary damages that stemmed from your loved one’s accident.
To show all of these are present, a wrongful death attorney has to gather a strong base of evidence not only that the other party caused your loved one’s death, but also that you’re owed compensation for your damages.
A death can count as wrongful even if the at-fault party was charged with murder or manslaughter. Wrongful death is a civil claim, while murder is a criminal charge. One does not negate the other—in fact, if the other party was convicted of a crime, it could make your claim easier to prove.
Common Types of Wrongful Death Claims in Tucker
While any number of events could lead to a wrongful death, there are some cases that our firm sees more than others. Common wrongful death claims include:
- Motor vehicle accidents
- Drunk driving accidents
- Bicycle accidents
- Medical malpractice
- Slips and falls (also known as premises liability)
- Workplace accidents
While these are common causes of wrongful death, it’s not an exhaustive list. If you’re not sure whether your loved one’s death makes you eligible for a wrongful death claim, a wrongful death lawyer in Tucker can help. You can get a free consultation with an attorney who will tell you what your options are.
Talk to a Tucker Wrongful Death Attorney Today
After a death in the family, it can be hard to know what to do and where to turn for help. A Tucker wrongful death lawyer from John Foy & Associates can be there for you and handle every aspect of your claim. The last thing you need is a complicated legal battle to worry about.
To get your FREE consultation, call us or contact us online today. Our attorneys are on call to talk to you all day, every day.