Wrongful death refers to the tragic passing of a loved one in an accident caused by someone else’s negligence. If you experienced a wrongful death in your family, then you are understandably dealing with overwhelming emotions and a longing for justice.
At Moffitt Law, LLC, we are committed to ensuring that you and your family receive the compensation you deserve from the party liable for your loved one’s passing. Our Carrollton wrongful death attorneys are ready to answer any questions you might have and support you through the entire claims process.
Why Hire Our Carrollton Wrongful Death Attorney?
Wrongful death cases can be excessively complex and highly sensitive, and of course, you deserve to prioritize mourning during this difficult time. Having a wrongful death lawyer on your side means having someone who can bear the legal burdens of your case while you tend to more personal matters alongside your family.
Our wrongful death attorney at Moffitt Law, LLC can help you by:
- Conducting an investigation into your loved one’s wrongful death
- Collecting evidence that establishes fault
- Completing and submitting legal paperwork on your behalf
- Negotiating with insurers or other lawyers
- Representing you in court if necessary
When you involve our Carrollton wrongful death attorneys in your case early on, we can help you submit your initial claim with accuracy and correctness. The sooner you contact your lawyer, the more they can help you with exploring your various options and seeing the big picture of your case.
What Constitutes a Wrongful Death Case?
Filing a wrongful death claim is a type of civil action, meaning that the defending party caused damages to you through wrongful behavior that was not necessarily criminal. In other words, a wrongful death case applies to a situation in which another person’s negligence caused an accident resulting in your loved one’s death. As a surviving family member, you have the right to pursue compensation for the damages and losses you suffer from the at-fault party.
Our Carrollton wrongful death attorneys at Moffitt Law, LLC can represent you in a variety of wrongful death cases, such as:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Pedestrian accidents
- Bicycle accidents
- Major falls
Having a valid wrongful death case requires establishing that the other party was guilty of negligence and that their negligent actions caused an accident directly resulting in your family member’s death.
Who Can File for Wrongful Death in Georgia?
When a loved one passes away due to an accident, it is important to understand that not just any family member can file a wrongful death claim. If there is a surviving spouse, it falls to them to seek compensation for the losses. If there is no spouse, then any children of the deceased will be next in line, followed by any surviving parents. Unlike some states, Georgia law also allows an estate representative designated by the deceased to file a wrongful death claim on behalf of the estate so that any recovered damages may pass to the next of kin.
Another matter to consider when filing a claim is the statute of limitations. In Georgia, the statute of limitations for a wrongful death case is two years after the date of death. After this, it will no longer be possible for the family to pursue compensation for the accident. Working with a Carrollton wrongful death attorney to pursue your claim as early as possible can ensure you meet the limitations and that less evidence becomes lost over time.
How Do You Prove Wrongful Death?
Negligence is at the heart of a wrongful death case. It is necessary for you and your legal team to establish that your loved one’s passing was due directly to an accident caused by another party’s recklessness or lack of care. However, the other side may have their own lawyers and insurance representatives trying just as hard to prove that they were not at fault.
A Carrollton wrongful death attorney can help you prove that your family member’s passing was a wrongful death caused by the other party. We do this by collecting any photographic or video evidence about the accident, witness testimony, medical records and any other relevant documentation. A variety of forms of strong, convincing evidence can build a firm foundation for your case.
What Damages Can You Recover in a Georgia Wrongful Death Case?
Another crucial element in a wrongful death case is the presence of recoverable damages. Losing a loved one is a devastating emotional blow that is difficult to assign a financial value to, but there are likely other losses you incurred as a result of the accident as well. Proving that you suffered these losses and that they were the direct result of the other party’s actions, is key in ensuring that you get the full amount of compensation you deserve for your claim.
The Carrollton wrongful death attorneys at our firm can help you recover a wide range of damages during your case, including:
- Medical costs
- Lost wages and loss of future income
- Property damage
- Loss of companionship and consortium
- Reduced quality of life
There are almost always clear economic damages in any accident case, but there are also non-economic damages to consider, especially in a wrongful death claim. You deserve compensation for the pain and suffering your family is facing after the loss of a loved one.
We can help you evaluate both economic and non-economic damages by looking at invoices, income statements and other related documents. These can also serve as strong evidence when demonstrating financial obligations to the insurance company.
Contact a Carrollton Wrongful Death Attorney Today
When you are confronting the deep tragedy of a loved one’s wrongful death, you need a legal team willing to go to great lengths to secure the just outcome you deserve. The Carrollton wrongful death attorneys at Moffitt Law, LLC, are ready and willing to fight for you and your family. Contact us today by calling our office with any questions you might have.