Coming to terms with the loss of a beloved family member is never easy. Facing a tragic loss only becomes more difficult upon learning that it could have been avoided entirely. When a death results from the negligence of another party, the family of the decedent should not accrue financial burdens for something that was not their fault.
If you have lost a loved one due to the negligence of another party, you may have the right to pursue a wrongful death lawsuit. While financial recovery cannot undo the loss of your family member, it could hold the responsible party accountable for what they have done.
When you are ready to learn more about how a Marietta Personal Injury Lawyer can help you, contact the team at Bader Scott Injury Lawyers for a free consultation.
You Can Recover Compensation for Your Loved One’s Passing
OCGA § 51-4-1 outlines how the state calculates certain wrongful death-related damages. The decedent’s “full value of life” will be taken into consideration when awarding financial recovery. Your settlement amount will also be based on the decedent’s final medical bills and lost income, as well as any non-economic damages suffered by you or other surviving loved one’s as a result of the decedent’s passing.
Economic Damages
Economic damages are damages with a distinct monetary value associated with them. You are able to recover financial compensation for any bills, expenses, or lost income you accrue as a result of someone else’s negligence.
Economic damages include:
- Medical expenses
- Funeral expenses
- Burial expenses
- Lost income
Your wrongful death attorney will compile all receipts, bills, and pay stubs to determine exactly what economic damages you are entitled to and ensure you receive proper compensation.
Non-Economic Damages
Non-economic damages do not have a distinct monetary value associated with them. While not every claim will include non-economic damages, wrongful death claims often do because of the life-long changes that occur after the loss of a loved one.
Non-economic damages include:
- Pain and suffering experienced by your loved one before they succumbed to their fatal injuries
- Mental anguish
- Loss of companionship
Anything that is negatively affecting your life as a result of your loved one’s death is recoverable, even if there is no distinct monetary value associated with it. If you are unsure if what you are experiencing is recoverable, speak with your wrongful death lawyer.
For a free legal consultation with a wrongful death lawyer serving Marietta, call (404) 888-8888
Marietta Wrongful Death FAQs
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(OCGA) § 51-4-2 outlines the parties that have the right to pursue a wrongful death action. For instance, if your spouse passed away, you and your children are able to recover compensation for various expenses. If the decedent does not have a surviving spouse or children, then the parents of the decedent are able to file a wrongful death claim.
If the decedent does not have any surviving direct family, then the court could appoint a personal representative to the deceased person’s estate to move forward with the wrongful death case.
The representative of the estate is not entitled to the settlement proceedings. Instead, the awards will go to the decedent’s estate. It will then be distributed to the decedent’s heirs accordingly.
Marietta Wrongful Death Lawyer Near Me (404) 888-8888
Our Wrongful Death Attorneys Can Help You Recover Compensation
Our legal team is determined to help you hold the negligent party financially accountable for the full scope of your losses. After evaluating your case, we can explain what your claim is worth and our plan for ensuring your complete financial recovery.
However, recovering compensation is generally the last item taken into account in the legal process. Prior to that, our lawyers can help you by:
- Managing your case’s deadlines
- Filling out your case’s necessary paperwork
- Determining the cause of your loved one’s passing
- Gathering evidence to support your legal claim
- Communicating with the involved parties and their legal counsel
- Negotiating for a settlement with the liable insurance company
- Filing your lawsuit in court, if required
We Will Gather Evidence to Support Your Claim
As soon as you elect to have us represent you, we will get to work on discovering the true nature of your loved one’s untimely death. We will review available accident reports, security footage, eyewitness testimonies, and anything else available to us to determine who is responsible for your loved one’s fatal injuries.
While we work on your behalf, you will be able to spend time with your family. This will allow everyone to relax, recover, and ultimately, endure the difficult time each of you is experiencing.
We Offer Free Consultations
The last thing you want to be worried about after the loss of a loved one is how much everything is going to cost. As you deal with bills, expenses, and the loss of income, you may be wondering if you even have the ability to afford a lawyer.
That is why we offer free consultations to all of our clients. In addition, we work on a contingency-fee-basis, meaning we will not charge you anything unless we help you reach a settlement. That means that if you do not get paid, then we do not either.
We Will Ensure You Meet the Statute of Limitations
If you are considering a wrongful death lawsuit, you do not have an unlimited window of time to file your claim. Like all legal actions in Marietta, a wrongful death case must comply with the state’s statute of limitations. The statute of limitations operates as a hard deadline for your lawsuit. If you wait too long, the window of time to bring your claim could expire.
Most claimants have two years from the date of their loved one’s passing to file a wrongful death lawsuit in Georgia, per OCGA § 9-3-33. However, the amount of time you have to file your lawsuit depends not only on the state but also on other elements of your case. You should never make any assumptions regarding your case’s deadlines.
The sooner that you contact a lawyer following the death of your loved one, the sooner they can get to work on compiling evidence and ensuring that your claim is filed within the proper statute of limitations.
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Marietta Wrongful Death FAQs
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What Happens After a Wrongful Death Deposition?
Can Siblings Sue for Wrongful Death in Georgia?
Is a Wrongful Death Settlement Considered Income?
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What Is the Average Settlement for a Wrongful Death Lawsuit?
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Seek Justice with the Help of a Wrongful Death Attorney
Because of the state’s statute of limitations, it is vital that you avoid any delay in bringing your claim. While it can be difficult to consider legal issues while mourning the loss of a loved one, a lengthy delay could make it harder to hold the at-fault party responsible for your loved one’s passing.
At Bader Scott Injury Lawyers, we understand the challenges posed by losing a close loved one. We are prepared to approach your claim with compassion and understanding. We will fight on your behalf to ensure that you suffer no financial burdens.
We will determine the liable party in your case and make sure they are held accountable for their actions. When you are ready to learn more about how a Marietta wrongful death lawyer can help you, call our team for a free consultation.
Call or text (404) 888-8888 or complete a Free Case Evaluation form