Poisoning, falls, and motor vehicle crashes are the top causes of accidental deaths in the United States, according to research from the National Safety Council (NSC). If you lose a family member in a fatal accident that occurs for any of these reasons, you could have grounds for filing a wrongful death claim or lawsuit …
FAQs: Wrongful Death Lawsuits
Wrongful death lawsuits are complicated and emotionally taxing. We know that this is an incredibly painful and difficult time for you and your loved ones. Our goal here at John Foy & Associates is to help you get justice for what happened and get you a proper settlement that will help you and others grieving move forward.
Naturally, there are many questions you may have about wrongful death lawsuits, like:
- What is the process to file a claim?
- What should you know beforehand prior to filing your claim?
- Will my claim go to trial?
When it comes to wrongful death, there are many legal requirements and regulations surrounding these claims. We provide you with answers to frequently asked questions regarding wrongful death lawsuits and what to do. While we can’t provide extremely case-specific answers, we do our best to give you all of the information you need to get started.
Complex legal battles can be challenging to face alone, especially when you’re grieving and dealing with loss. Our attorneys are compassionate, knowledgeable, and ready to help. We can help you understand all of the legal rights available to you through a free consultation.
You can call us at any time to schedule an appointment.
Which Holiday has the Most Fatalities?
The holiday that has the most fatalities varies year to year, but research suggests that Thanksgiving ranks first among the holidays with the most traffic fatalities, followed by Independence Day. Other holidays with the most fatalities include Memorial Day, Christmas, and New Year’s Eve. Losing a family member in a fatal holiday accident is devastating for …
Are Wrongful Death Settlements Taxable in South Carolina?
Generally, wrongful death settlements are not taxable in South Carolina. Medical bills, lost wages, and other types of compensatory damages that you get in a wrongful death settlement aren’t classified as taxable by the state or the IRS. Yet, in your settlement, punitive damages awarded to punish an at-fault party for committing negligent acts are …
Can You Sue a Cruise Line for an Overboard Death?
Yes, it is possible to sue a cruise line for an overboard death, but it depends on several factors, including the circumstances surrounding the incident, the cruise line’s negligence, and maritime law. The legal process for pursuing a claim in such a case can be complicated, but victims’ families do have the right to hold …
Can You Sue a Cruise Line for a Drowning Death?
You can sue a cruise line for a drowning death if the incident was caused by the cruise line‘s negligence or the negligence of one of its employees. If your loved one has passed away in a cruise line drowning accident, you’re probably distraught and unsure how to move forward. While seeking compensation won’t change …
What Happens if there’s a Death on a Cruise Ship?
If a cruise ship passenger dies, the crew will notify the family and store the body in the morgue aboard the ship. Typically, the family arranges for a transfer of the body back to the deceased’s home country. Once the family of the deceased knows what happened, they may have the option to file a …
How Common are Passenger and Crew Deaths on Cruise Ships?
Passenger and crew deaths on cruise ships are relatively rare events. Despite the frequent media attention surrounding accidents, the vast majority of cruises operate smoothly without incidents. The cruise industry has strict safety regulations, and death rates are low compared to other forms of travel. However, when such incidents occur, it’s important to partner with …
What Is the Wrongful Death Statute of Limitations in South Carolina?
The statute of limitations for wrongful death in South Carolina is three years from the date of death. The representative for the deceased must file a lawsuit within this period. Failure to do so can result in the forfeiture of the right to pursue legal action. However, there can be exceptions in certain situations, such …
Can a Cruise Line Be Held Liable for the Death of a Passenger?
A cruise line can be held liable for the death of a passenger if it acted negligently. A spouse, child, or other members of the family of the deceased person (decedent) could file a wrongful death claim to hold the cruise line accountable for its negligence. Seek legal guidance and support if a family member …
How Do You Prove Wrongful Death?
To prove wrongful death, you must demonstrate that the defendant owed a duty of care to the deceased, breached that duty through negligence or intentional actions, and directly caused the death. If you or someone you love died, it might be time to contact an attorney. Wrongful death occurs when an individual dies as a …
What Are My Rights if My Wife Died in a Workplace Accident?
What are my rights if my wife died in a workplace accident? When an employee dies while working, an employer may be held accountable for that loss, and that often means workers’ compensation benefits must be paid. Our Atlanta wrongful death lawyer helps people get the financial compensation they need in such horrible situations by …
What Are My Rights if My Husband Died in a Workplace Accident?
When a family member dies as the result of a workplace accident, it is critically important to know your rights as the survivor. Georgia law makes it clear that the survivor should receive benefits, but the burden of requesting them is on your shoulders. For this reason, if your husband died in a workplace accident, …
Are Families of Plane Crash Victims Compensated?
Yes, families of plane crash victims can be compensated through financial damages for loss of support, pain, and suffering, depending on the circumstances and state laws. If you are grieving the tragic loss of a loved one after an airplane accident, you have the right to sue the negligent party or parties for wrongful death …
What Does a Wrongful Death Lawyer Do?
A wrongful death lawyer is a legal professional who specializes in cases where an individual has died because of someone’s negligence or wrongful action. They are dedicated to helping surviving family members get justice and compensation. Most wrongful death lawyers in Atlanta are also personal injury lawyers. The reason is that wrongful death claims are …
Do Wrongful Death Attorneys Work on Contingency?
Losing a loved one unexpectedly in a tragic accident is devastating emotionally and financially. Pursuing legal accountability and compensation through a wrongful death lawsuit provides a sense of justice. However, complex litigation comes with risks and costs. Contingency arrangements allow grieving families to work with an Atlanta wrongful death lawyer without upfront fees. Lawyers receive …
Are Wrongful Death Settlements Taxable in Georgia?
The Internal Revenue Service (IRS) states that a settlement for wrongful death is not regarded as taxable income. The IRS adds that while all income is subject to taxation, there are some exclusions made for benefits paid out in cases of wrongful death and personal injury compensation. Nevertheless, based on your particular circumstances, there can …
Do You Have to Get an Autopsy for a Wrongful Death Lawsuit?
To determine the cause and manner of a person’s death, an autopsy is often performed. Autopsies are not mandatory for every death, but often, these surgical procedures are required in suspicious and unexpected deaths. These circumstances are often associated with homicides and suspected deaths, but autopsies may also be ordered in illness or injury cases. …
What Is a Forensic Pathologist Versus a Coroner?
Popular entertainment is full of forensic pathologists, medical examiners, and coroners. These stories hold these experts of science as heroes. If you listen to true crime podcasts, it is usually the forensic experts providing the bulk of evidence, leading listeners to the likely suspects. But this entertainment is not concerned with explanations which leads us …
What Is a Virtual Autopsy?
An innovative technology known as virtual autopsies has emerged to help forensic pathologists determine a cause of death. Virtual autopsies can help families suffering from the loss of a loved one by not subjecting the deceased to an invasive autopsy. Also known as a digital autopsy, this new procedure avoids surgical dissection by using augmented …
Workers’ Compensation Laws in Georgia
If you are injured in an on-the-job accident, you may immediately be concerned about how you will continue to support yourself and your family while you take time off of work. Thankfully, Georgia has strict workers” compensation laws in place that are designed to protect you. Understanding these laws is critical if you hope to …