Covering Intentional And Negligent Acts
Similar to personal injury lawsuits, wrongful death suits occur when a person or entity has been negligent or reckless, resulting in harm to another. Wrongful death also covers intentional acts such as a deliberate murder. The principle supporting wrongful death claims is that in addition to injuring the person who has died due to another’s recklessness, negligence or deliberate acts, the responsible party has also injured those people who were dependents of the deceased. This includes not only those who depended on the decedent for financial support, but also those who depended on him or her for emotional support.
Fighting For Justice For Loved Ones
The sudden loss of a loved in a fatal accident is something none of us are prepared to handle. When the death is caused by a drunk or negligent driver or because of a defective product, unsafe property or careless act of another person, it is difficult to believe that any amount of justice will replace the loss you feel.
We are the wrongful death attorneys of McCamy, Phillips, Tuggle & Fordham, LLP, in Dalton, Georgia. We have been fighting for justice on behalf of people who have lost loved ones in fatal accidents in northwestern Georgia and southern Tennessee for more than 80 years. Contact us to arrange a free consultation to discuss the circumstances of your loved one’s accident and death. We are compassionate and approachable, and we will give you an honest evaluation of how to proceed to recover the full and fair money damages you and your family are entitled to for your losses.
If you have questions about wrongful death claims, contact one of our experienced Georgia wrongful death attorneys at 706-508-4292.
Wrongful Death Damages And Settlements
If you have experienced the death of a loved one such as a parent, spouse or child, due to the recklessness or negligence of another person or entity, you and your family may be entitled to seek monetary compensation for damages.
Damages may include pain and suffering, future lost wages, medical bills, and burial or funeral expenses. The amount of damages can be extremely difficult to determine. The most common process that courts use to measure loss in monetary terms for wrongful death claims is called pecuniary damages.
The court determines the appropriate compensation for the financial and emotional loss caused by the wrongful death. Often, survivors sue for the amount of medical bills incurred by the care of the deceased and the expense of burial. However, because the surviving family is regarded as having sustained injury from the absence of their loved one, the court must take into account compensation for their pain and suffering. They also may determine the decedent’s future income and earning potential to compensate for what they would have earned had they lived, how much they had saved or invested, and how important their income was to the financial security of the survivors.
Wrongful Death Statute Of Limitations In Georgia
Many legal actions have a time-frame restriction or statute of limitations to file a lawsuit. Although loved ones are focused primarily on their emotional pain, it is important to contact a wrongful death lawyer as soon as you can so that you do not lose the option to file. The statute of limitations varies from state to state. Our wrongful death lawyers at McCamy, Phillips, Tuggle & Fordham, LLP, can answer your questions about statutes and claims. We serve wrongful death clients from Atlanta, Georgia, to Chattanooga, Tennessee.
The laws vary from state to state, even when the states are very close. For example, the government of Georgia may apply different laws and statues to wrongful death than the government of Tennessee does. However, most states have enacted a statute permitting a lawsuit to be brought by the relatives of a person who died as a result of a wrongful act. In some states, the plaintiff may only be the spouse or children of the deceased. In others, relatives such as grandparents are eligible to bring suit against the responsible party. There are also additional restrictions imposed that differ from state to state. It is important to contact an attorney to find out about your state law to determine if any other relatives would be entitled to portions of the settlement.
We Will Stand By Your Side And Fight Aggressively On Your Behalf
We know that dealing with loss and grief is probably making it difficult to handle the details of your wrongful death claim right now. You don’t have to talk to an insurance adjuster or try to gather records and reports. We will handle everything, from investigating the evidence in your favor, to determining the amount of compensation your family is entitled to, to dealing with the tough negotiations with the insurance company or party responsible for damages.
Start by learning more about your rights. We will be glad to answer your questions about how to proceed with a civil and/or criminal action.
Don’t Talk To An Insurance Adjuster Until You Talk To Us
For more information or to schedule a consultation with an experienced personal injury attorney or wrongful death lawyer, send an email to the Georgia and Chattanooga wrongful death attorneys of McCamy, Phillips, Tuggle & Fordham, LLP, or call us at 706-508-4292.