Your family member may have passed away as a result of someone else’s negligence, and a wrongful death lawsuit could be your best option for a recovery. Money cannot undo the unexpected loss of a beloved family member. However, a wrongful death lawsuit could help your family seek justice and compensation for your losses.
The proceeds of a wrongful death action could also ease the financial stress of an unexpected death. In addition to compensation for the lost financial support of your loved one, you could also be entitled to compensation for their final medical care or funeral expenses. A Kennesaw wrongful death attorney from Bader Scott Injury Lawyers could advise you on your options for pursuing these claims.
What Is a Wrongful Death Case in Georgia?
A wrongful death case is a civil lawsuit that is similar to a third-party injury case. To file a wrongful death claim or suit, we will work to show that someone else was legally responsible for your loved one’s passing. State law allows certain surviving relatives to file a wrongful death lawsuit against the responsible party.
A wrongful death lawsuit is not a criminal case, but a criminal case could also be pending against the liable party. While a criminal case may result in jail time and fines, a wrongful death lawsuit could lead to financial compensation for surviving family members.
What Circumstances Might Result in a Wrongful Death Case?
Wrongful death lawsuits can result from a wide variety of circumstances. You may have lost a loved one to a car accident, truck accident, or any fatal injury that resulted from another’s wrongdoing.
You could be able to bring a wrongful death case if your loved one passed away due to:
- Surgical mistakes
- A slip and fall
- A motorcycle accident
- Defective products
- A violent assault
- Nursing home abuse
- A work injury
We can help you if your loved one passed away due to other circumstances beyond those listed here.
For a free legal consultation with a motorcycle accidents lawyer serving Kennesaw, call (404) 888-8888
Kennesaw Motorcycle Accidents FAQs
What Are the Helmet Laws for Motorcyclists in Atlanta?Can You Get PTSD From a Motorcycle Accident?Where Do Most Georgia Motorcycle Accidents Occur?Can You Sue for Wrongful Death in a Motorcycle Accident Claim?What Should I Do in the Days Following a Motorcycle Accident?Do You Have to Go to Court for a Motorcycle Accident?What Compensation Could Be Available Through a Georgia Wrongful Death Case?
The extent of the compensation available in a wrongful death case varies based on the circumstances. Determining how to compensate a family for the loss of a loved one can be complex, but many forms of damages are available.
These include:
Funeral and Burial Costs
These expenses may include the cost of your loved one’s funeral. It could also be possible to recover compensation for the cost of cremation or burial as well.
Final Medical Expenses
In some cases, your loved one will receive medical care prior to their passing. It is possible that hours, days, or weeks could pass between the date of the accident and the date your family member passed away.
During that time, the accrued medical expenses could be significant. You might be entitled to recover damages based on the cost of that medical care.
Loss of Companionship
One of the intangible losses that can follow the unexpected death of a family member is the loss of the support that family member provided. This can have a lasting impact on your life, and you could be entitled to financial compensation for loss of companionship, loss of guidance, and more.
Loss of Financial Support
The death of a family member can lead to unexpected financial strain, particularly if you relied on that support to support yourself or your family. You could be entitled to recover compensation for the financial support you would have received from your loved one.
Kennesaw Motorcycle Accident Lawyer Near Me (404) 888-8888
How Can Our Kennesaw Lawyers Help with Your Wrongful Death Case?
It can be overwhelming to face the prospect of a wrongful death case on your own, especially during a time when you are still grieving. Our attorneys can take on your legal case for you. We will:
- Investigate and gather evidence to prove liability
- Demonstrate the extent of your family’s losses and suffering
- Use expert testimony to make your case
- Negotiate a fair settlement
- Take your case to civil court
- Keep you informed throughout your case
Our goal is to support you with compassionate legal representation through every step of your case. You don’t have to be alone through the process.
Our Team will Assist Through All the Complications of Your Case
In some circumstances, you may face challenges to your claim for compensation. Even when it seems clear that someone else was responsible for your loved one’s passing, the liable party may dispute the basic facts of your case.
Your family shouldn’t have to face unfair or aggressive allegations during this challenging time. We are familiar with the ways insurance companies and lawyers attempt to downplay a case for compensation. Our wrongful death attorneys can handle all of the legal complications for you.
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Who Can File a Wrongful Death Lawsuit in Georgia?
Not just anyone can file a lawsuit following another person’s untimely death. Only certain family members can seek compensation for a wrongful death, including:
- A surviving spouse
- Children
- A parent
Typically, a surviving spouse is first in line to bring a case for compensation. In some cases, a surviving spouse is unwilling or unable to pursue a wrongful death case or there is no surviving spouse to speak of. Then, the right to file a wrongful death lawsuit falls to the decedent’s surviving children.
Any compensation received from a successful claim or lawsuit will be divided among any surviving spouse or children, per O.C.G.A. § 51-4-2.
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Discuss Your Kennesaw Wrongful Death Case with Bader Scott Injury Lawyers
There is no easy way to deal with the pain that comes with the death of a loved one. While a financial award cannot erase this pain, it could provide you with the resources your family needs at this time. A wrongful death lawsuit also serves as your opportunity to secure a measure of justice from the at-fault party.
If you are ready to move forward with your wrongful death case, Bader Scott Injury Lawyers is ready to help. Call (404) 888-8888 for a free consultationMotorcyclists have every right to share the roadway with regular drivers. Thankfully, if you have been victimized by a negligent driver while driving your motorcycle, you may be entitled to compensation for the pain and suffering you have endured.
You can secure an award for the economic losses you have faced, your mental anguish, and your ongoing physical burdens while you work to settle your case.
Moving forward, our Kennesaw motorcycle accident attorneys want you to know that it is normal to feel apprehensive about filing a legal claim after a life-changing accident like this. You are not alone. Our law firm can file a lawsuit, go ahead with an insurance claim, or anything in between.
What Losses Can You Receive Compensation for After Your Motorcycle Accident?
Georgia’s civil court allows victims to seek economic and non-economic damages from the parties responsible for their motorcycle accidents. That means you can collect financial compensation for your short-term and long-term physical ailments, monetary losses, and psychological hardships related to your accident.
Ultimately, every victim comes away from their accident with a unique combination of hardships. Fortunately, you could seek many damages when you file a lawsuit or insurance claim related to your negligent accident, including:
- Loss of quality of life
- Medical bills from in-patient and out-patient treatments
- Pain and suffering
- Repairing and replacing your damaged property
- Lost income due to your inability to work while recovering from your injuries (including permanent loss of earning capacity)
- Coping with the day-to-day impact of permanent disabilities
- Mental anguish, including damaged relationships, post-traumatic stress disorder (PTSD), and more
- And more
Sadly, motorcycle accidents are among the most deadly vehicle accidents on Kennesaw’s roadways. If you lost a loved one during a negligent accident, you could sue for wrongful death, seeking damages for their end-of-life care, the burial costs, and the mental pain you have endured from their passing.
If you still have questions, your motorcycle accident lawyer can give you more information on the type of damages you may qualify for.
How “Comparative Negligence” May Reduce Your Financial Settlement
In the eyes of the law, multiple parties – and environmental factors – can cause the same motorcycle accident. As such, if you bear some of the fault for your accident, the court will consider that before they award you any financial compensation. In Georgia, like many other states, this legal concept is described as “comparative negligence.”
As detailed under O.C.G.A. § 51-12-33, the court will translate your personal liability into a percentage out of 100%. If your portion of fault is more than 50%, you will be deemed ineligible for compensation. The court will reduce your settlement proportionately for all percentages less than 50%.
Accordingly, if you are found responsible for 15% of your accident, your settlement will shrink by 15%. If you are still confused about how this law will apply to your specific set of circumstances, your motorcycle accident attorney can establish negligence in your Kennesaw case.
How Attorneys Determine the Overall Value of Your Motorcycle Accident Case
When you retain a motorcycle accident lawyer, your legal team will help calculate your case value by examining the sum of your financial expenses, work-related losses, mental anguish, and physical ailments. If your accident resulted in the death of a family member, the psychological impact of their death would be taken into consideration, in addition to their medical expenses and funeral costs.
One of the more difficult challenges faced by victims is assigning a suitable financial sum to mental anguish. Lawyers combat this by multiplying financial losses for an appropriate value for non-tangible pain and suffering.
You must reach a settlement that truly covers the scope of all your hardships otherwise you may be left wanting for more in the years that follow. You will not get a second chance to bring the same party to court for the same accident.
What Our Attorneys Serving Kennesaw Can Do for Your Motorcycle Accident Case
Your attorney can handle all the parts of your case that may cause you to stress during this difficult period of your life. Without prior legal experience, you may find many aspects of the personal injury process confusing—or at least time-consuming. With a team of attorneys in your corner, you can dedicate yourself to recovering from your injuries and putting this whole ordeal behind you.
Our law firm is happy to provide numerous legal services to help put your mind at ease from the very beginning of your case to the conclusion, including:
- Taking your case civil court – if we cannot reach a fair settlement beforehand
- Pinpointing liability
- Calculating case values
- Handling lawsuits and insurance claims within the appropriate statute of limitations
- Negotiating a settlement that fits your unique needs
- Studying legal precedents
- Finding the appropriate expert witnesses to assist your case
How Attorney Fees Work at Our Law Firm
Here at Bader Scott Injury Lawyers, we realize the tremendous financial toll motorcycle accidents can have on you and your loved ones. That is why we do not charge our clients any fees up front for our legal services.
You are not required to pay us anything out of pocket before we start on your case. There is no retainer fee or hourly wages. Instead, we find it easier on our clients if we work for contingency fees. As such, we will agree upon retaining a certain percentage of your settlement if you win your case.
If you do not win your case or receive a financial settlement or award, you are free to move on without paying us anything.
Keeping Track of the Deadline on Motorcycle Accident Cases
In Georgia, all civil cases are subject to a specific statute of limitations, depending on the claim. Keeping with O.C.G.A. § 9-3-33, motorcycle accidents need to be filed within two years of your injuries. However, cases against government entities must be filed even sooner, depending on the target of your claim.
The sooner you contact our law firm, the sooner we can get started working on your fight for compensation within the appropriate deadline.
Bader Scott Injury Lawyers Fighting for Justice in Kennesaw
Our attorneys at Bader Scott Injury Lawyers have made it our goal to make our legal system work for everyone—regardless of financial situation, way of life, or any other factors that may be holding them back. Our attorneys serving Kennesaw are here to fight for your motorcycle accident case to the best of our abilities, from start to finish.
To learn more about fighting for your right to compensation after a motorcycle accident in Kennesaw, reach out to a Bader Scott Injury Lawyers team member today at (404) 888-8888. A representative will be standing by to provide your free consultation.
Call or text (404) 888-8888 or complete a Free Case Evaluation form