When one party’s carelessness or recklessness leads to the death of another, the devastation extends beyond the deceased. The family of the deceased loses love, affection, and moral support. The family may also lose the financial support of the loved one, leaving bills unpaid and debt collectors at the door.
We want to help you.
Our lawyers help people who lost a loved one seek justice, find closure, pursue a payout, and recover compensation for their losses.
We understand how difficult it is to think about a legal case during this trying time, so we handle it for you.
Atlanta Personal Injury Law Group’s Marietta wrongful death lawyers provide free consultations for families who lost loved ones. We discuss case facts, explain legal options, and talk with compassion and empathy about how our team can help you. Call us today to get started.
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Atlanta Personal Injury Law Group Manages Marietta Wrongful Death Cases
At Atlanta Personal Injury Law Group, our attorneys fight to help families recover compensation and get justice after the death of a loved one. When someone else’s carelessness or recklessness causes preventable fatal injuries, accountability is important. The best option available to many is to recover a fair payout through an insurance claim or lawsuit.
We believe families who lost loved ones deserve someone on their side advocating for them, protecting their rights, and helping them navigate the process to recover compensation. Our attorneys assist families with getting back on their feet emotionally and financially after a tragic loss.
We represent our clients based on contingency fees. We do not ask them to pay anything up front. Instead, we use our resources to build a case, file claims, go to trial, and take other steps necessary to pursue a fair payout.
How Can a Marietta Wrongful Death Attorney on Our Team Help With Your Case?
In general, we recover compensation for our clients in a wrongful death case in one of two ways: an insurance settlement agreement or a trial verdict. Far more cases settle out of court than ever make it to the court’s docket. Whether we file a lawsuit, most successful cases end with a negotiated settlement.
However, when our client’s best interest involves going to trial and presenting strong evidence to the judge and jury, we will. Our trial lawyers know the Marietta courts, judges, and court administrators. We do not accept too little compensation just to avoid going to court, as some firms do. We fight to recover the money our clients need and deserve.
When we take on a Marietta wrongful death case, we handle all aspects of the claim and/or lawsuit. We believe this factor is one of the greatest advantages of hiring an attorney to handle your case. You have time to spend with your loved ones, grieve, and heal emotionally. This also helps you avoid rehashing the details of the case again and again as the case proceeds. We know how difficult this time can be for surviving loved ones.
When we represent a client, we handle:
- All communication about the case with the insurance companies
- Investigating what happened
- All aspects of building the case
- Providing updates and answering questions
- Preparing and filing paperwork
- Navigating the claims process
- Dealing with the courts if a lawsuit is necessary
- Representing them at trial
What Deadlines Apply in a Marietta Wrongful Death Case?
Georgia law generally allows two years to sue following your loved one’s death. Exceptions exist and could lengthen or shorten this time frame. Our team can assess the deadline in your case during your free case review.
While this deadline applies only to filing a lawsuit, we need to go to work building the case and possibly file an insurance claim even sooner. We encourage you to call as soon as possible following your loved one’s untimely death, so we have longer to work on building the case. Sometimes, evidence disappears quickly, and we lose the opportunity to strengthen the case further because of a delayed start.
Understanding How Wrongful Death Cases Work in Marietta, Georgia
When negligence causes injuries, victims file personal injury actions to hold the negligent party responsible and recover compensation. A wrongful death happens when that victim dies before they have the opportunity to take legal action. Under state law, surviving family members can pursue compensation and hold the at-fault party responsible instead.
Any type of incident or accident that might support a personal injury lawsuit also supports a wrongful death action.
This could include:
- Car accidents
- Motorcycle crashes
- Pedestrian and bicyclist collisions
- Falls
- Pool accidents
- Dog bites
- Construction accidents
- Other premises liability incidents
Who Can Pursue Wrongful Death Compensation in Marietta?
When someone passes away, it often affects many people. There might be numerous lawsuits based on every wrongful death if there were no laws to dictate who has the right to sue. The state generally believes those most closely related suffer the greatest loss when someone dies. They endure not only the tragic emotional loss but also significant financial losses.
Under state law, only certain family members have the right to file a wrongful death lawsuit. There is a specific hierarchy that we must follow.
Generally, it goes in this order:
- The surviving spouse
- If no surviving spouse, a child or children
- If no spouse, child or children, the surviving parents
- A personal representative appointed to manage the estate, if there is no spouse, child, or parent surviving
Our team helps clients identify the best party to file this legal action and who could receive the proceeds from a settlement or lawsuit. If you have questions about this matter or how it works within your family structure, we can answer them during your free initial consultation.
What Are the Recoverable Damages in a Marietta Wrongful Death Case?
Before we can demand fair compensation from an insurer or present a case at trial, we need to understand its potential value. We must identify recoverable damages, document them, and calculate a value. We use that value to determine when the insurer offers a fair settlement agreement or to show the jury how much our client suffered in expenses and losses.
The documentation for these damages comes from bills, receipts, tax documents, and other paperwork. It also comes from our experience and knowledge of these cases and the industry. Some recoverable damages in a wrongful death case are intangible, meaning there is no set monetary value. We know how to estimate their possible value, though.
The recoverable damages differ from case to case.
However, some examples of expenses and losses we frequently recover for our clients in Marietta wrongful death cases include:
- Income losses
- Lost future earnings and benefits
- Medical bills
- Burial and funeral expenses
- Pain and suffering endured by the deceased before their death
- Intangible losses the family experienced
Recovering fair compensation in a wrongful death case is essential because it not only covers outstanding bills and expenses but also provides for lost income. This is especially important when the decedent was a spouse or parent who provided a large portion of the household income.
Frequently Asked Questions (FAQs) for Our Marietta Wrongful Death Lawyer
Below, we provide answers to some of the most common questions we receive about wrongful death cases. If you have additional questions or want information specific to your case, consider contacting us for a free consultation.
How Much Money Can We Recover?
The compensation available in a wrongful death case depends greatly on the circumstances. No two cases are just alike, making it impossible to determine how much a case might be worth without investigating it first.
There is a wide range of recoverable damages in wrongful death cases, and each of them will depend on the unique case facts. For example, income losses depend greatly on the victim’s previous earnings. Even when two people pass away in the same incident, the related expenses and losses could vary greatly.
When we represent family members in a Marietta wrongful death case, we document the recoverable losses and assign a fair settlement range for the case. This allows us to know when the insurance company makes an appropriate offer.
Does the Company Hold Liability for Our Loved One’s Death?
In some cases, a company bears liability for a wrongful death. This occurs when the at-fault party is an employee who is on the clock when the incident happens. For example, when a truck driver causes an accident, the trucking company is often vicariously liable for the accident.
Marietta employers are often legally responsible for their workers’ behavior when:
- The worker is an employee of the company.
- They are engaged in job-related tasks when the incident occurs.
These scenarios could mean we pursue a payout from the company instead of an individual. This benefits victims’ families because corporations often have much larger liability policies.
Why Shouldn’t We Accept the Insurance Company’s Offer?
Some insurance adjusters will try to get families to settle for a lowball offer quickly after an incident occurs. They use this tactic to pay less than the case is worth. Our attorneys protect clients’ rights to seek fair compensation based on their losses.
Before you consider any offer from an insurer, ensure you understand the fair wrongful death settlement value of the case. Our attorneys help clients calculate this range by considering the value of each recoverable damage. This could require expert testimony, familiarity with industry standards, and experience with similar cases.
We encourage you to discuss your options with our team before agreeing to a settlement. We want to ensure your family gets the compensation you need and deserve.
How Can an Attorney Help With My Wrongful Death Case?
Working with an attorney on your family’s wrongful death case ensures you have someone representing you every step of the way. From protecting your rights and managing all communication with the insurance company to presenting your case at trial, our lawyer handles everything. Your family spends time focusing on more important things while our law firm manages the civil case.
Our attorneys know how to navigate the claims process and apply the state laws that dictate how these cases work. We have the knowledge and experience to build strong support for a claim or lawsuit and pursue a payout based on it. We help our clients get justice for their loved one and hold the at-fault party accountable for the wrongful death.
When Should I File a Wrongful Death Claim or Lawsuit?
You generally have up to two years to file a wrongful death lawsuit in Marietta. However, you do not want to wait until the last minute if you can help it. Working with an attorney from the beginning has many advantages. We encourage you to call our team as soon as your loved one passes away or when you recognize you might have a case.
We collect documentation and evidence to support the case immediately. When we get started early, some evidence might be available that will disappear later. For example, surveillance video from businesses usually only lasts seven to ten days. The system records over it after this point. If a crash was caught on video, we only have a short time to secure a copy.
Do I Have to Go to Court to Recover Damages?
In some cases, we take wrongful death cases to trial. Our attorneys represent clients in court, presenting evidence to the judge and jury and asking for a verdict in our favor. However, most cases settle long before getting on the court’s docket.
Discuss Your Marietta Wrongful Death Case With Our Team for Free
Speak with a team member from Atlanta Personal Injury Law Group about your loved one’s death for free today. We provide these consultations so families understand their rights and the role our attorneys play in holding the at-fault party accountable. We are here for you during this difficult time. Reach out to a personal injury lawyer.
Contact us online or call (678) 235-3861 today to learn more.
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