Losing a loved one due to someone else’s negligence or wrongdoing can leave you with a profound sense of injustice. In this situation, no amount of compensation will truly make up for the loss, but pursuing a wrongful death claim can provide financial support and a sense of justice for the grieving family.
At Deming Parker, we can help your family navigate Georgia’s legal system to seek justice. With over 50 years of experience in personal injury law, our wrongful death lawyers in Roswell can offer the legal support you need while fiercely advocating for your family’s rights.
How a Roswell Wrongful Death Lawyer at Deming Parker Can Support Your Claim
An experienced wrongful death attorney at Deming Parker can provide invaluable support through each step of the legal process, including:
- Thorough investigation: We meticulously examine all aspects of the incident, gathering evidence such as medical records, accident reports, and witness testimonies to build a strong case.
- Identifying all liable parties: We identify all potential parties who may be legally responsible for the death, including individuals, corporations, or government entities.
- Handling insurance company negotiations: Our experienced attorneys negotiate on your behalf to counteract insurers’ tactics and advocate for a fair settlement.
- Filing necessary legal documents: We manage all the legal paperwork, ensuring every document is correctly filed within the required deadlines.
- Representing your interests in court: If a fair settlement cannot be reached, our attorneys are fully prepared to represent you in court.
Our team of personal injury lawyers in Roswell can handle all legal aspects of your case while you focus on healing. We aim to alleviate the burden of the legal process and resolve your case efficiently, prioritizing your family’s needs throughout.
Common Causes of Wrongful Death in Roswell
Wrongful deaths occur as a result of someone’s negligence or intentional harm. For example, some common causes we have seen in Roswell and all across Georgia include:
- Motor vehicle accidents: Car, truck, and motorcycle accidents are the leading causes of wrongful death. If another driver acted negligently—such as by driving under the influence, speeding, or being distracted—they can be liable.
- Medical malpractice: When healthcare providers fail to deliver adequate care, resulting in a patient’s death, they can be held responsible for wrongful death. This includes cases like misdiagnosis, surgical errors, or failure to properly treat a condition.
- Workplace accidents: Workplace fatalities are grounds for wrongful death claims when unsafe working conditions or employer negligence cause the accident.
- Criminal acts: Deaths resulting from intentional harm or criminal activity, such as assault or homicide, can also lead to wrongful death claims against the responsible parties.
Other less common causes include defective products or premises liability. Regardless of the circumstances, if someone else’s negligence caused your loved one’s death, you may have grounds to pursue legal action.
Potential Compensation in a Roswell Wrongful Death Case
Recovering compensation after a wrongful death can help ease the financial strain and provide for your family’s future. In Roswell, there are several types of compensation available:
Economic Damages
Economic damages are tangible financial losses resulting from the death. These include medical expenses incurred before death, funeral and burial costs, loss of the deceased’s income and benefits, and the loss of services the deceased provided to the family.
Non-Economic Damages
Non-economic damages include compensation for the emotional pain and suffering endured by the family, loss of companionship, and loss of guidance and support.
Punitive Damages
Punitive damages can be claimed in cases where the responsible party’s behavior was exceptionally reckless or intentional, such as drunk driving, intentional harm, or knowingly ignoring severe safety hazards. These damages aim to punish the offender and discourage dangerous conduct in the future.
What Is the Most You Can Sue for Wrongful Death?
There’s no specific cap or limit on the amount you can sue for in a wrongful death case in Georgia. The law allows families to seek compensation for the “full value of the life” of the deceased, which includes both tangible and intangible losses.
The exact amount will depend on factors like your loved one’s age, earning potential, and the details surrounding their death. We can provide an estimate of your claim’s potential value by discussing your case during a free consultation
Legal Options After a Wrongful Death in Roswell
After a wrongful death, families have several legal options to seek justice, including:
Filing a Wrongful Death Claim
Filing a wrongful death claim allows the family of the deceased to seek compensation for their loss. This process involves proving the death was caused by someone else’s negligence or wrongful act and demonstrating the impact of the loss on the surviving family members.
What Is the Deadline for Filing a Wrongful Death Claim?
The deadline for filing a wrongful death lawsuit is governed by the statute of limitations, which is typically two years from the date of the deceased person’s death, as outlined in O.C.G.A. § 9-3-33.
Missing this deadline results in losing the right to pursue a claim, so make sure you contact an experienced lawyer as soon as possible after the incident to start building the case.
Negotiating a Settlement Out of Court
Many wrongful death cases are resolved through out-of-court settlements. This option allows the parties to reach an agreement without going through a lengthy trial, which saves time and legal costs while still ensuring that the family receives fair compensation.
Exploring Alternative Dispute Resolution Methods
In addition to traditional litigation, alternative dispute resolution methods (such as mediation or arbitration) offer a more collaborative approach to resolving disputes and are often faster and less adversarial than a trial.
Who Can Sue For Wrongful Death? Your Family Needs Are Our Top Priority
In Georgia, there is a hierarchy of family members who have the legal right to file a wrongful death claim:
- The deceased’s spouse: The surviving spouse has the primary right to file a wrongful death claim.
- The deceased’s children: If there is no surviving spouse, the deceased’s children can bring a claim.
- The deceased’s parents: If there are no surviving spouses or children, the deceased’s parents can file a claim.
- The deceased’s estate representative: In some cases, the representative of the deceased’s estate can file a claim on behalf of the estate and surviving family members.
Deming Parker’s attorneys can assess your family’s eligibility to file a wrongful death claim and provide you with the guidance needed to navigate the legal process. From the initial consultation to the final resolution, we’ll stand by you to protect your rights and advocate for the case’s fair resolution.
Get in Touch With a Roswell Wrongful Death Attorney – Find the Justice You Deserve
After losing a loved one due to someone else’s negligence or wrongful actions, don’t face the legal process alone. At Deming Parker, our attorneys bring over 50 years of experience in Georgia and a wealth of knowledge and resources to effectively solve your case.
Contact us today to schedule a free consultation and discuss your case with no upfront costs.