If you lost your family member due to the negligent actions of someone else, you may want to consult a Marietta, GA wrongful death attorney at our firm. Your family may be entitled to compensation for your loss, such as medical bills and funeral and burial costs. A lawyer from Johnson & Alday, LLC can help you pursue a timely claim against the negligent parties.

Here are some ways to strengthen your wrongful death claim.

File Your Wrongful Death Claim in a Timely Manner

Losing someone you care about is just devastating, so it is understandable that you need time to grieve. However, if you plan to pursue a wrongful death claim, it is important to pay attention to the statute of limitations. In Georgia, the deadline to file a wrongful death claim is two years after the death. Once that deadline has passed, you can’t pursue compensation anymore.

Consider All of the Liable Parties

In wrongful death cases, there are sometimes more than one liable party. For instance, if your family member was killed in a truck accident, the truck driver may not be the only one responsible. If the trucking company failed to provide proper training to the truck driver, they may also be held liable. Considering all liable parties can help you obtain higher compensation.

Avoid Fighting with Your Family

After the death of a loved one, tensions may be high among your family members. This can lead to arguments and fights. If you and your family members are constantly arguing with each other, you may have trouble making good decisions in your wrongful death claim. As a Marietta wrongful death attorney can confirm, this can cause you to make costly mistakes. That is why you and your family members should try to hear one another out and get along.

Be Careful When Speaking to the Insurance Company

The at-fault party’s insurance company may contact you to ask you questions about your wrongful death case. Even if they seem sympathetic, remember that the insurance company is not on your side. They care about the bottom line and may look for ways to devalue your claim. That is why you want to give them as little information as possible. You do not want them to use your words against you. Additionally, they may try to offer you a settlement. You should never accept a settlement without discussing it with your attorney.

Hire an Experienced Attorney

Wrongful death claims can be very complicated, so you do not want to handle your claim on your own. It is in your best interest to have a skilled wrongful death attorney on your side. An attorney will know how much your case is truly worth and help you go after the compensation you deserve. He or she can help you collect evidence, identify witnesses and negotiate with the insurance company. You may feel less stress if you work with an experienced attorney.

Schedule a consultation with a Marietta wrongful death attorney from Johnson & Alday, LLC today.

Pursuing a Claim

As a Marietta, GA wrongful death attorney can explain, wrongful death claims arise when a person dies as a result of someone else's negligence, recklessness, or intentional actions. Such claims can be brought by the deceased person's family members, heirs, or estate, seeking compensation for their losses, including emotional distress, financial support, and other damages. Contact Johnson & Alday, LLC for more information.

Wrongful death claims can arise in various situations, such as car accidents, medical malpractice, workplace accidents, defective products, and violent crimes. In each case, the plaintiff must prove that the defendant had a duty to act with reasonable care to prevent harm to the deceased person, that the defendant breached that duty, and that the breach caused the person's death.

How Is a Wrongful Death Claim Proven?

To establish a wrongful death claim, the plaintiff must prove the following elements:

1.   Duty of care: The defendant had a legal obligation to act with reasonable care towards the deceased person, such as following traffic rules, providing proper medical treatment, or ensuring workplace safety.
2.   Breach of duty: The defendant failed to fulfill their duty of care, either through an act or omission, such as driving under the influence, misdiagnosing an illness, or failing to repair a faulty machine.
3.   Causation: The defendant's breach of duty directly caused or contributed to the person's death, and without such breach, the death would not have occurred.
4.   Damages: The plaintiff suffered actual damages as a result of the person's death, such as loss of companionship, financial support, and funeral expenses.

If the plaintiff can establish all of these elements, they may be entitled to compensation for their losses. The damages awarded in wrongful death claims can vary depending on the circumstances of the case, such as the deceased person's age, income, and earning potential, as well as the severity of the defendant's conduct.

In many cases, wrongful death claims are settled out of court, with the defendant agreeing to pay a certain amount of compensation to the plaintiff. However, if the parties cannot reach a settlement, the case may proceed to trial, where a jury will determine the outcome.

Wrongful death claims can be complex and emotional, as they involve the loss of a loved one and the pursuit of justice. Therefore, it is important to hire an experienced and compassionate Marietta wrongful death attorney who can guide the plaintiff through the legal process and fight for their rights.

Statute of Limitations

In addition, each state has its own laws regarding wrongful death claims, including the types of damages available, the statute of limitations, and the parties who can bring a claim. Therefore, it is important to consult with an attorney who is familiar with the laws of the state where the incident occurred.

It is also worth noting that wrongful death claims can have a deterrent effect on future wrongful conduct, as they send a message that individuals and companies will be held accountable for their actions. This can help prevent similar tragedies from occurring in the future and promote a safer and more just society.

Call a Personal Injury Law Firm

Wrongful death claims are a legal remedy available to the families and heirs of individuals who have died as a result of someone else's negligence, recklessness, or intentional actions. These claims require the plaintiff to establish the defendant's duty of care, breach of duty, causation, and damages and can result in compensation for the plaintiff's losses. It is important to hire an experienced wrongful death attorney who understands Georgia's wrongful death laws. Contact a Marietta wrongful death attorney at Johnson & Alday, LLC to find out what legal recourse you may have.

Wrongful Death

If your loved one died due to another party’s carelessness, you may want to contact a Marietta, GA wrongful death attorney from Johnson & Alday, LLC. Your family deserves justice. Here are some frequently asked questions and answers about wrongful death attorneys.

What is a wrongful death attorney?

A wrongful death attorney is a type of attorney who specializes in handling cases where a person’s death was caused by another party’s negligence. These attorneys are experienced in representing the surviving family members or beneficiaries of the deceased and pursuing compensation for the damages they have suffered as a result of the wrongful death.

What types of cases do wrongful death attorneys handle?

Wrongful death attorneys handle a wide range of cases, including those resulting from car accidents, medical malpractice, workplace accidents, defective products, premises liability, and more. Any situation where someone's negligence or intentional actions lead to the death of another person may be a potential case for a wrongful death attorney.

Who can file a wrongful death claim?

The specific laws regarding who can file a wrongful death claim vary from one jurisdiction to another. Typically, immediate family members such as spouses, children, and parents have the right to file a claim. In some cases, dependents or individuals who suffered financial losses due to the death may also be eligible to file a claim.

What damages can be recovered in a wrongful death case?

The damages that can be recovered in a wrongful death case depend on the unique circumstances of the individual case and the applicable laws in the jurisdiction. Generally, damages may include:

• Funeral and burial expenses
• Medical expenses related to the deceased's final injury or illness
• Loss of financial support and future income
• Loss of companionship and consortium
• Pain and suffering of the surviving family members

How do I know if I have a valid wrongful death case?

It can be difficult to assess whether or not a wrongful case is strong. It is best to consult with an experienced Marietta wrongful death attorney who can assess the details of your situation. If you believe the death of your loved one resulted from another party's negligence or intentional actions, you might have a valid case.

Is there a time limit for filing a wrongful death lawsuit?

Yes, there is a statute of limitations for filing a wrongful death lawsuit, and it varies by jurisdiction. What this means is that there is a specific time window within which you must file your claim. It is crucial to contact a wrongful death attorney as soon as possible to ensure your case is filed within the statute of limitations.

How long does a wrongful death case take to resolve?

The time it takes to resolve a wrongful death case varies widely depending on the complexity of the case, the willingness of the parties to negotiate, and the court's schedule. Some cases may be resolved in a few months, while others might take several years to resolve.

Schedule a meeting with a Marietta wrongful death attorney from Johnson & Alday, LLC today.