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Imagine you’re a loving spouse who, on a seemingly ordinary day, receives devastating news; remember that you are far from alone. The grief and anger you feel are overwhelming, but amidst it all, you can know that there is legal recourse for holding the responsible parties accountable for the financial and emotional toll they have inflicted.
The legal term for these scenarios is ‘wrongful death,’ and it arises when someone’s demise occurs due to the negligence, recklessness, or wrongful actions of another party. It’s a means for surviving family members or the estate representative to seek compensation for the losses and damages caused by the tragic death of their loved one.
So, if you’re struggling to recover from what you believe to be a situation of wrongful death, reach out to our team today. We can work with you and your family to handle the claims process and maximize your chances of successful recovery so you can focus on recovering from this tragic accident.
Contact our team at the CEO Lawyer Personal Injury Law Firm because we’re here to help people like you get through some of the toughest times in their lives. New clients can call 833-254-2923 or contact us online to schedule their first, no-obligation, free case review.
While every wrongful death will differ from the next, in most situations, it will be important to reach out to an attorney as soon as possible. These kinds of claims can be particularly emotionally (and legally) challenging, and you’ll want to have a lawyer by your side to protect your rights and fight for the justice you and your family deserve.
However, if you’re still on the fence, let’s break down some of the most common examples of wrongful death accidents so we can review when — and why — it will be to your advantage to contact an attorney.
When: If your loved one’s death was caused by a car accident that was the result of someone else’s negligence, you should reach out to an Alpharetta wrongful death law firm right away.
Why: A wrongful death lawyer can help you work through the complicated insurance claims to come while also gathering key evidence and carefully establishing liability. This client-focused service can make the difference between whether you’re able to receive fair compensation for any medical expenses, funeral costs, or the emotional toll that this accident brought on you and your family.
When: If you suspect that your family member’s death was due to medical negligence, consult an attorney.
Why: Wrongful death cases that involve medical malpractice will demand a thorough investigation. An attorney can help you obtain medical records, consult with experts, and build a compelling case to hold any healthcare providers accountable for their actions.
When: If your loved one died in a workplace accident, you’ll want to contact a wrongful death attorney.
Why: These kinds of cases involve complicated workers’ compensation laws and can potentially invoke third-party liability claims. Your attorney can help you explore all of the possible avenues you’ll have for compensation to ensure you receive the maximum compensation for your damages.
When: If a defective product causes a fatal injury or sudden death, don’t hesitate to seek legal counsel.
Why: Product liability cases can be particularly complicated. Your attorney will need to investigate the product’s design, manufacturing, and marketing to determine if negligence played a role. Then, they’ll help you pursue a claim against the responsible parties (which may include manufacturers, distributors, or retailers).
While this list touches on some of the most common causes of wrongful death, it’s far from comprehensive. So, if you don’t see your particular situation described above — but you’d still like to hold the relevant party responsible — be sure to reach out to our team today to discuss your options.
In the state of Georgia, the law recognizes that when a person loses their life due to the negligence (or wrongful actions) of another, certain people should have the right to seek justice on their behalf. Below, we’ll work through a list of the family members and designated representatives who are allowed to file a wrongful death claim.
If you are the surviving spouse of the deceased, you are allowed to initiate a wrongful death claim in Georgia because the state recognizes the emotional and financial impact such a loss can have on a spouse. These individuals will be able to seek compensation for loss of companionship, financial support, and more.
A surviving spouse takes priority over other wrongful death claimants, but they will be required to provide a portion of their claim to dependent children and others who would have depended upon the decedent for financial (and emotional) support.
Children, both biological and adopted, may also bring forth a wrongful death claim in Alpharetta. This provision acknowledges the significant consequences (both emotional and financial) that losing a parent can have on any individual.
Children of the deceased may be able to secure help covering future educational costs or the support that their parents would have provided. Adult, non-dependent children are only able to file a wrongful death claim if there is no surviving spouse.
Additionally, parents also have the right to file a wrongful death claim when they lose a child due to someone else’s negligence. The state recognizes the emotional anguish that may result from the loss of a child and protects the parent’s right to secure compensation for any remaining medical bills or funeral expenses.
Parents are only eligible as wrongful death claimants if no surviving children or spouse is available to file the claim instead.
If none of the above individuals are available (or willing) to bring a wrongful death claim forward, the estate’s appointed representative may do so on behalf of ‘the estate.’
When someone passes away, their ‘estate’ essentially becomes a separate legal entity. The term refers to the total sum of the deceased person’s assets, including their property, money, possessions, and any outstanding debts they may have had at the time of their death.
So, for example, if someone were to have no remaining immediate family members at the time of their death, the estate may step in to seek compensation for any outstanding medical bills or funeral expenses or in an attempt to settle an outstanding debt.
Georgian has specific laws and regulations that govern how wrongful death claims are handled, but the state’s legal foundation for these claims can be found in the Georgia Wrongful Death Act. This act is codified under O.C.G.A. (Official Code of Georgia Annotated) § 51-4-2 and outlines a few key elements that guide these claims:
Additionally, those filing a wrongful death claim should keep in mind that the state follows a modified comparative negligence system. This means that if the deceased person was partially responsible for their own death, the compensation they would have received can be reduced proportionally.
However, if the deceased person is found to be 50% or more at fault for their own death, their surviving family members may not be entitled to any compensation.
In Georgia, when another party’s negligence leads to the death of a loved one, two distinct legal actions can arise: wrongful death claims and survival actions.
While wrongful death claims are typically filed by surviving family members seeking compensation for their losses, survival actions are initiated by the deceased’s estate and focus on the damages that the deceased would have been entitled to if they had survived (examples include pain and suffering before death).
If you’re unsure which path you should take, be sure to reach out to our team today. We can help you go over all of your options to ensure you’re on the best path forward.
At the CEO Lawyer Personal Injury Law Firm, we know filing a wrongful death claim is not just a complicated legal process but a harrowing emotional burden for all involved. There’s no reason why you should feel like you have to face this legal battle alone, especially while you’re still coping with the loss of a loved one.
So reach out to our team today and let us help relieve some of your burdens. Our team is here to advocate on your behalf and help you fight for the justice your loved one is owed.
New clients can call (404) 777-8800 or contact us online to schedule their first, no-obligation free case review.
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After a personal injury, you're bound to have legal questions. The CEO Lawyer Ali Awad can provide you with answers to these questions, just as he's given answers to his millions of curious social media followers. Take a look at some of the most common personal injury law questions for general information, and then reach out to one of our seasoned attorneys for specific guidance on your case!
To quickly resolve matters following an accident, insurance companies will offer you less than you deserve in compensation for your injuries. Many victims feel pressured to accept these offers as the bills begin to pile up, but that is rarely a good idea. The insurance company is looking to protect its bottom line; and will offer injured victims less than they deserve. An experienced personal injury attorney understands how to negotiate with the insurance company and can look out for your best interests by getting you the compensation you deserve after an injury. If you or a loved one has been injured in an accident, it is important to avoid negotiating or providing recorded statements to the insurance company without first seeking help from a qualified personal injury attorney.
The best way to determine if you have a personal injury case is to speak with a knowledgeable attorney. Our legal professionals have the expertise to evaluate your case and determine a strong legal strategy so that you can obtain the greatest amount of compensation possible under the law. We will enlist investigators, assistants, and other specialists to collect accident reports, speak with witnesses to your accident, and put together a plan. While you focus on your physical recovery, we will remain committed to fighting for the compensation that you deserve.
Accident victims have a limited time to file a personal injury lawsuit. This time period is referred to as the statute of limitations, and in Atlanta, it lasts only two years. This means that if you or a loved one has been injured in an accident, you have only two years to pursue a personal injury suit. If you wait too long to reach out to an experienced attorney, you might be forever barred from seeking the compensation you deserve.
During your initial consultation with CEO Lawyer team, we will go over the important details of your personal injury accident, which include the nature and extent of your injuries, how your injuries have impacted your ability to earn a paycheck, the cost of your medical treatment, and whether further medical treatment will be required. We will answer any questions you might have, as well, in regards to our experience, our track record of success, and what to expect from the legal process. Many personal injury victims wonder if they will be able to afford the legal fees required to pursue a lawsuit. CEO Lawyer injury and accident attorneys will not ask for any type of upfront fee unless we are successful in obtaining compensation for you. That means that if you have been harmed in a motor vehicle accident, slip and fall accident, defective product accident, or any other type of personal injury accident, you can absolutely afford to contact our law office today for assistance. In fact, you cannot afford to wait. Reach out today. We understand that some accident victims might have already obtained the assistance of an attorney but may be dissatisfied with the services provided. We are standing by and prepared to help you change legal representation, regardless of where you are in the process.
If you or a loved one has been injured in any type of personal injury accident, you should not hesitate to speak with the experienced attorneys at CEO Lawyer personal injury law firm. Call, email, or fill out our online contact form today so that we can begin helping you pursue the compensation you deserve.