If you lost a loved one in an accident and you believe someone else was responsible, you may be eligible to recover compensation under Georgia law. Wrongful death lawsuits can help surviving loved ones cover medical expenses and funeral expenses and, ultimately, help them make a financial recovery for hardships they are suffering.
At Bader Scott Injury Lawyers, our Johns Creek personal injury lawyers do everything they can to hold negligent parties responsible for their actions. We will work tirelessly on your behalf so that you can focus on spending valuable time with your family and friends during this difficult time.
Our Johns Creek wrongful death lawyers will fight to honor the memory of your loved one and ensure that all their surviving loved ones receive the compensation they deserve. To hear more about how we can help you, contact our law firm today for a free case consultation.
Recoverable Damages for Wrongful Death Victims
If another party is found liable for the death of your loved one, then they may be forced to compensate you and other surviving family members for the damage they caused. Wrongful death lawsuits can help family members recover both economic and non-economic damages.
Wrongful Death Economic Damages
Economic damages are losses that have a distinct monetary value associated with them. These types of damages include:
- Medical expenses accrued while treating the victim’s injuries
- Lost wages, benefits, and future income from the deceased victim
- Funeral and burial expenses
These types of damages all directly impact the economic well-being of surviving loved ones. You may be concerned about the expense of the medical care that your loved one received prior to their death. However, it is important to remember that these expenses will be paid by the at-fault party or their insurance company as part of your lawsuit settlement.
Wrongful Death Non-Economic Damages
While economic damages will likely be the first ones that you think of after losing a loved one, non-economic damages can greatly increase the value of your settlement. In the event of a wrongful death, non-economic damages can relate to both the deceased and their surviving family members.
These types of damages include:
- Loss of consortium, entailing a lost emotional connection with the deceased victim, including guidance and companionship
- Overall pain and suffering the victim endured before passing away
- Mental anguish and emotional distress suffered by surviving family members
These damages are more difficult to place a distinct monetary value on. Speak with your Johns Creek wrongful death attorney about any potential non-economic damages that should be added to your settlement.
For a free legal consultation with a wrongful death lawyer serving Johns Creek, call (404) 888-8888
Johns Creek Wrongful Death FAQs
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As detailed under the Official Code of Georgia Annotated (O.C.G.A.) §51-4-2, if the victim in a wrongful death case was married, the spouse is permitted to bring a wrongful death claim. If the couple has underage children together, the surviving spouse will speak on the children’s behalf and present evidence of their needs. No matter how many children the couple had together, the spouse is entitled to one-third of any settlement.
If the deceased victim has no spouse or children, the parents or estate representative may make a claim. However, if the estate representative is awarded a settlement, the amount must be used for the victim’s next of kin.
Johns Creek Wrongful Death Lawyer Near Me (404) 888-8888
Legal Services Our Johns Creek Wrongful Death Attorneys Provide for Victims
If you decide to retain a Johns Creek wrongful death attorney at Bader Scott, we will offer legal services that match your unique circumstances. While you are not required to have legal representation to file a wrongful death claim, some people find comfort in knowing they have a team of attorneys working on their case and fighting for their rights.
We will handle all the legal aspects of your case so you can focus on caring for yourself and your family.
Our services include, but are not limited to:
- Providing general legal counsel
- Investigating the accident and attempting to prove liability
- Keeping you updated on the progress of your case
- Educating you about relevant state and federal laws
- Assisting with settlement negotiations
- Documenting your pain and suffering and assigning a value to your case
- Calling upon the testimony of expert witnesses
- Bringing your case to trial and providing civil litigation services
After our attorneys gather information about your case, we will offer legal guidance so you can consider your options before making any important decisions. To get started with your free consultation today, contact a Bader Scott team member today.
We Will Investigate Your Loved One’s Death to Prove Negligence
Securing compensation for your family requires us to investigate the cause of your loved one’s death. We will search for evidence that will demonstrate negligence, which includes four key parts:
- Duty of Care
- Breach of Duty
- Causation
- Damages
The evidence we collect could come from a wide range of sources, but most commonly include:
- Medical records
- Incident or police reports
- Photographs and videos
- Corporate records
- Eyewitness statements
- Financial statements
We will also call upon the testimonies of experts in such fields as medicine, finance, and accident reconstruction.
Our Johns Creek Wrongful Death Lawyers Work on Contingency
Our law firm understands what you and your family are going through right now, which is why we offer free case consultations. Additionally, our wrongful death lawyers offer legal representation on a contingency-fee basis.
Under this agreement, you pay no upfront attorney’s fees. We only receive payment when we secure a settlement or court award. If you don’t win, you owe us nothing. This agreement encourages us to seek the maximum compensation possible for your losses.
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Georgia’s Statute of Limitations on Wrongful Death Claims
In accordance with O.C.G.A. § 9-3-33, the state of Georgia has a general two-year statute of limitations for wrongful death claims. While most cases will expire if you do not file a claim within two years of the accident, the court sometimes makes exceptions.
For example, if your wrongful death accident results in criminal charges for the offender, your civil case can be postponed until the proceedings are finished.
Even though exceptions occur, you should not assume that you will be granted one. It is best if you contact an attorney as quickly as possible following your loved one’s death. This will ensure they have the maximum amount of time to compile evidence and build your case without needing to worry about the statute of limitations.
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Common Causes of Wrongful Death Accidents in the United States
Wrongful death cases can come from virtually any accident that could have been avoided. According to nationwide data from the Centers for Disease Control and Prevention (CDC), the following accidents were among the leading causes of unintentional death in 2022:
- Unintentional poisonings: 102,958 fatalities
- Motor vehicle traffic accidents: 44,534 fatalities
- Fall-related accidents: 44,630 fatalities
The number of fatalities in each of these accident categories has been steadily on the rise over the last decade. Our Johns Creek wrongful death attorneys can manage the legal process for such cases as:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Bicycle accidents
- Pedestrian accidents
- Defective products
- Premises liability
- Slip and falls
In addition, death can occur due to workplace accidents. If your loved one died while working their job, then you may be able to file a lawsuit against a third party.
Johns Creek Wrongful Death Lawyers Fighting for Your Family
If your loved one suffers a wrongful death, you and other surviving family members have a right to recover compensation. When you obtain the legal services of our team at Bader Scott, you will have lawyers working on your behalf, ensuring that you are properly compensated. We will compile evidence, speak with professionals, and keep you apprised as the situation develops, all while you spend valuable time with your family and loved ones.
For a better understanding of the options available to you, contact us for a free initial consultation. Let our Johns Creek wrongful death lawyer get to work for you and your family today.
Call or text (404) 888-8888 or complete a Free Case Evaluation form