Did you lose a loved one in an accident in Roswell, Georgia? Call Hammers Car Accident & Personal Injury Lawyers at (770) 900-9000 to learn about your legal rights. An experienced Roswell wrongful death lawyer can help you take legal action against the responsible parties. Your consultation is entirely free of charge, so there’s no risk in calling for advice.
Between us, our attorneys have 50 years of experience representing families like yours. We’ve put our skills to work and recovered tens of millions of dollars in settlements and verdicts. Our attorneys have the tools to help your family start to rebuild your lives after such a tragic loss. Our top priority is securing the maximum compensation possible.
Why Is Hammers Car Accident & Personal Injury Lawyers the Best Choice To Handle My Family’s Wrongful Death Case in Roswell?
After the tragic loss of a loved one, you need a lawyer whom you can count on. Our trusted team offers a combination of experience, compassion, and relentless advocacy. Over the years, our team at Hammers Car Accident & Personal Injury Lawyers has established a proven track record of success that clients can count on.
Reasons to trust our law firm with your case in Roswell, GA, include:
- We’ve been recognized within the legal community, including with a Preeminent AV and Super Lawyers ratings
- Our clients have recognized us with a five-star Google rating
- We have a deep commitment to our community in Roswell
Our Roswell personal injury attorneys will take on the hard work so that you can focus on what matters most. Contact us today for your free consultation.
How Do Wrongful Death Cases Work in Georgia?
In Georgia, a wrongful death occurs when someone dies because of another party’s acts or omissions. Personal injury laws protect people who are injured because of someone else’s acts or omissions. Wrongful death laws protect surviving families when an injury proves fatal.
Like personal injury lawsuits, wrongful death claims are filed in civil court. They’re separate from any criminal actions that may occur. When you win a wrongful death case, the court awards financial compensation.
In reality, most wrongful death cases are resolved via negotiations. Your attorney will evaluate your family’s losses and negotiate a settlement with the at-fault party (and, usually, their insurance company).
Who Can File a Wrongful Death Lawsuit in Georgia?
When the victim is unable to file a lawsuit themselves, the law assigns that right to certain survivors. Not everyone is eligible to file a wrongful death claim in Georgia.
Under Georgia law, the right to take legal action goes to:
- A surviving spouse
- Children of the victim, including minor and adult children
- The victim’s parents, if the decedent was unmarried and had no children
If the victim did not have a living spouse, child, or parent when they died, the right to file a lawsuit passes to the victim’s estate. The personal representative can file a lawsuit.
Any compensation that is recovered is divided among the victim’s survivors.
Who Can Be Held Liable for Wrongful Deaths in Roswell?
Establishing liability is a critical aspect of any wrongful death case. Liability will hinge on the circumstances.
Examples of responsible parties may include:
- Negligent drivers who cause fatal car wrecks
- Property owners who fail to maintain safe property conditions
- Manufacturers who sell deadly and dangerous products
- Trucking companies that ignore safety regulations
- Parties that engage in intentional acts of violence
Families who lose a loved one because of another party’s negligence may have the right to seek compensation and hold the responsible party accountable through a wrongful death claim.
What Causes Most Wrongful Deaths in Roswell?
Our attorneys handle all types of wrongful death claims, including cases based on:
- Car accidents
- Large truck accidents
- Motorcycle accidents
- Pedestrian and bicycle accidents
- Uber or Lyft accidents
- Boating accidents
- Construction accidents
- Workplace accidents
- Dangerous property conditions
- Slip and fall accidents
- Falls from heights
- Defective products
- Medical malpractice
- Intentional acts of violence, including firearm violence
It’s possible that multiple parties could share legal responsibility. Establishing liability can be complex. Our lawyers are here to handle the heavy lifting while your family grieves.
How Much Compensation Can My Family Recover Through a Wrongful Death Claim in Roswell?
No amount of money can turn back time and bring your loved one back. Securing compensation can, however, protect your family’s future–and give you a sense of justice. Like any personal injury case, the facts will control the value of your case.
Key factors that will influence the outcome include:
- The age and life expectancy of the victim prior to the fatal injury
- Your loved one’s expected earning capacity and prior work history
- The relationship between the victim and the survivors who are pursuing compensation
- The circumstances of your loved one’s death
- How the victim contributed to their family’s finances
- How the victim contributed to the family and household in non-financial ways
- Financial costs incurred due to the fatal injury, including medical and funeral costs
In legal terms, you’re entitled to the “full value of the life of the decedent, as shown by the evidence”. That said, recovering full compensation is by no means automatic. To get the money you deserve, it’s important to hire an experienced attorney.
Our Roswell wrongful death attorneys are always available to discuss your case. Call us today to arrange a time to tell us your story.
What Types of Compensatory Damages Are Available in a Roswell Wrongful Death Case?
The damages you receive will depend on how your family’s life has been impacted. Your damages award should compensate for financial (economic) and non-financial (non-economic) losses.
Examples of the types of compensation you may pursue include:
- Medical bills incurred between the date of injury and the date of death
- Loss of the victim’s financial support
- Lost employment benefits, including health insurance and retirement benefits
- Loss of the value of household services and childcare provided by the victim prior to death
- Loss of a parent’s instruction, support, and guidance
- Loss of consortium, or loss of a spouse’s company and support
- Any pain and suffering experienced by the victim prior to death
- Property damage
- Emotional trauma and grief
- Funeral costs and burial expenses
- Estate administration costs
- Workers’ compensation benefits for victims of fatal workplace accidents
Punitive damages may also be available. However, they’re reserved for rare cases involving intentional wrongdoing or shockingly reckless behavior.
How Much Does It Cost To Hire a Wrongful Death Lawyer After a Fatal Accident in Georgia?
Hammers Car Accident & Personal Injury Lawyers takes cases on a contingency fee basis. With contingency fees, you don’t pay upfront to hire an attorney. Your lawyer gets paid once they recover compensation.
We typically receive a percentage of the compensation we recover in your case. This structure lets you benefit from quality legal representation without added financial stress. You’ll also never have to worry about paying if your lawyer doesn’t secure compensation.
Can I Receive Any Compensation if My Loved One Shared Blame for a Deadly Accident in Georgia?
Georgia applies a modified comparative negligence law in cases involving shared blame. Your family’s total award will be reduced in proportion to your loved one’s share of blame. You’ll only lose your right to damages if your loved one’s share of blame was 50% or more.
For example, if you’re awarded $100,000 and your loved one was 25% responsible, your compensation award is reduced to $75,000. Our lawyers will push back hard against any unfair accusations. We have the tools to locate clear evidence to prove who was really responsible.
We expect blame-the-victim tactics and will be prepared to protect your loved one’s reputation when they can’t defend themselves.
How Do I Prove I Deserve Compensation After a Wrongful Death in Georgia?
The legal standard in wrongful death cases is a “preponderance of the evidence”. That means you’ll need evidence to show that your claims are “more likely true than not true”. The specific elements that you’ll need to prove will depend on how the death occurred. Most claims are negligence-based. Negligence is the theory that applies in most accident cases.
The specific elements of a negligence case are:
- Duty of care
- Breach of duty
- Causation
- Damages
Depending on how your loved one died, different legal theories may be relevant to your case. When you hire us, our lawyers will begin collecting evidence immediately. We have the resources to uncover the strong evidence you’ll need to prove your case.
How Much Time Do I Have To File a Wrongful Death Lawsuit After a Deadly Accident in Georgia?
In wrongful death cases, families have two years to file a lawsuit. The two-year period begins on the date of your loved one’s death. After two years pass, you can no longer pursue compensation.
Call Our Roswell Wrongful Death Lawyers for a Free Initial Consultation Today
If you’ve suffered the loss of a loved one in Roswell, GA, you don’t have to deal with the aftermath alone. Our team at Hammers Car Accident & Personal Injury Lawyers has decades of experience protecting the rights of injury victims and their families.
Call us today to learn more about how a Roswell wrongful death attorney can help you seek justice.
