Did you and your family lose a loved one in an unexpected accident in Jonesboro, GA? If so, you may be able to seek compensation for their medical bills, pain and suffering, funeral and burial costs, mental anguish, and more. If someone else was negligent for your loved one’s death, they should be held responsible for their conduct. You can pursue a wrongful death claim against them today.
At Spartan Car Accident & Personal Injury Lawyers, our lawyers have over 75 years of combined experience. With over $250 million recovered for our clients, you can trust our Jonesboro wrongful death lawyers to fight for the compensation you deserve. During this difficult time, we will walk alongside you and your family and work with you to secure justice for your loss. Contact our law office or call (678) 928 5051 to schedule a free consultation today.
How Spartan Car Accident & Personal Injury Lawyers Can Help You After a Wrongful Death in Jonesboro, GA
After a loved one’s wrongful death in Jonesboro, Georgia, you may not know where to turn. Thankfully, you and your family may be able to seek compensation for the harm caused by the negligent individual. Our compassionate, hard-working attorneys at Spartan Car Accident & Personal Injury Lawyers can handle negotiations with insurance companies and even file a personal injury lawsuit in the event that you don’t get a reasonable settlement offer.
We have handled many claims just like yours. When you choose to work with our Jonesboro personal injury lawyers, you can trust that we will:
- Gather evidence to prove that someone’s negligence resulted in your loved one’s death
- Identify who is at fault
- Handle negotiations with the insurance companies
- Hire expert witnesses to assess the total damages in your claim
- Shield you or your loved one from being blamed for the accident
- Take your case to trial if necessary
At Spartan Car Accident & Personal Injury Lawyers, our attorneys have been recognized by reputable legal organizations such as the American Association for Justice and The National Trial Lawyers. Let us put our experience and knowledge to work for you and your family. Call our Jonesboro wrongful death attorneys to schedule a free consultation today.
How Much Does It Cost to Hire a Jonesboro Wrongful Death Lawyer?
Most wrongful death lawyers in Jonesboro work on a contingency fee basis. Under this fee arrangement, you would not have to pay any upfront or hourly fees. You only have to pay attorneys’ fees if your lawyer wins a settlement or verdict for you. If your attorney lost your case, you would not have to pay them anything for their services.
Contingency fees allow anyone who is in need of a lawyer to afford their services. As part of this arrangement, you would only pay your lawyer a percentage of the financial award that they secured for you. If you have any questions about contingency fees, reach out to our wrongful death lawyers for a free consultation.
What Is Wrongful Death?
Under Georgia law, wrongful death refers to the negligent, reckless, or intentional acts of someone resulting in the death of another person. These claims give people an opportunity to seek damages that the deceased would have sought if they were still living.
Most wrongful death claims in Georgia are based on the legal theory of negligence. For example, if a car accident caused your loved one’s death, you could bring a wrongful death claim on their behalf and recover compensation for their damages. Slip and fall accidents, medical malpractice, and product liability are other common civil claims that can result in wrongful death.
Criminal acts, such as assault, theft, and homicide are all criminal charges that can be pursued in conjunction with a civil lawsuit for wrongful death, depending on the circumstances.
Who Can File a Wrongful Death Claim in Georgia?
Georgia law specifies who can bring a wrongful death lawsuit according to the following order:
- The deceased’s surviving spouse
- If there is no surviving spouse, the deceased’s surviving child or children
- If there is no surviving spouse or children, the deceased’s parent(s)
- If there is no surviving spouse, children, or parents, the administrator or executor of the estate
If you have any questions about who can bring a claim on behalf of your loved one, contact a personal injury lawyer today.
How Common Are Fatal Accidents in Jonesboro, GA?
According to one study, unintentional injuries are the 4th leading cause (61 deaths reported per 100,000 people) of death in the U.S. In 2020, unintentional injuries were the leading cause of death for individuals ages 1-44 in Georgia, taking approximately 5,500 lives. There are many causes of these injuries, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Product liability
- Medical malpractice
- Slips and falls
- Workplace accidents
If your loved one has lost their life due to someone’s negligence, let us help you hold them accountable for their actions. We can help you begin your wrongful death claim today.
What Is the Value of My Wrongful Death Claim?
The value of a wrongful death claim can range from thousands of dollars to over a million dollars. The totality of the circumstances concerning your loved one’s death has to be taken into account to calculate the value of your claim. Your attorney will consider factors such as:
- The cost of your loved one’s medical treatment between the date of the accident and the time of their death
- The degree of their negligence or fault in their death
- The identities of surviving family members (e.g., spouse, children, dependents)
- Your loved one’s lost wages and diminished earning capacity following the accident
- The strength of your evidence
- Whether the liable party’s acts were negligent or intentional
An insurance company may be trying to lure you to accept an offer that does not account for the full range of your losses. An attorney can handle negotiations with the insurance company and ensure you receive a reasonable settlement offer, or they can take your case to trial even if a fair settlement cannot be reached.
How Do I Prove Negligence in a Wrongful Death Claim?
Four legal elements must be proven for a successful wrongful death claim in Georgia. They are as follows:
- Duty of Care: Under the circumstances, the defendant owed your loved one a legal duty.
- Breach of Duty: The defendant violated the duty they owed to your loved one.
- Causation: The defendant’s acts or omissions resulted in your loved one’s death.
- Damages: Because of your loved one’s death, damages such as medical bills, lost wages, and funeral costs have accrued.
You can count on your lawyer to build evidence to strengthen your case, including:
- Medical records
- Autopsy report
- Death certificate
- Police report
- Phone records
- Photos and videos
- Eyewitness testimony
- Expert testimony
All of these types of evidence and more can be used to prove negligence in your wrongful death claim. Your lawyer will help you seek maximum compensation for the loss of your loved one.
What Damages Are Available in a Wrongful Death Case?
There are two main types of compensatory damages that you can seek in a wrongful death case: economic and non-economic damages.
Economic damages include tangible, calculable losses that are directly tied to the incident. These losses typically have receipts and other documentation that makes them easy to track. Economic damages can include:
- Lost wages
- Medical bills
- Funeral costs and burial expenses
- Out-of-pocket expenses
Non-economic damages include intangible, subjective losses that are harder to calculate, such as:
- Loss of companionship
- Emotional distress
- Pain and suffering (of your loved one)
- Mental anguish
You may be able to recover punitive damages, but these are only awarded in rare cases where the negligent party engaged in malicious or reckless conduct.
Can I Recover Compensation if My Loved One is Being Blamed for the Accident?
Yes, you can. The defendant and insurance companies may try to shift the accountability for the accident to your loved one. However, under Georgia’s modified comparative negligence law, you can recover damages for your loved one’s death as long as they were less than 50% responsible for their death. A personal injury lawyer can help you reduce or even eliminate the alleged fault of your loved one.
How Much Time Do I Have to File a Wrongful Death Lawsuit in Georgia?
In Georgia, the statute of limitations for wrongful death lawsuits is two years from the date of death in most cases. If you do not file your lawsuit by this deadline, you may lose your right to compensation. You should meet with a lawyer as soon as possible so that you have enough time to build your case before this deadline passes.
Contact a Jonesboro Wrongful Death Attorney for a Free Consultation
We know that even a positive outcome in your case is a poor exchange for your loved one’s life. However, at the very least, we want to help you secure the compensation you need to get back on your feet financially. Call Spartan Car Accident & Personal Injury Lawyers today to schedule a free consultation with a Jonesboro wrongful death attorney.