Cumming
Wrongful Death Lawyer

Filing a wrongful death claim is difficult, but it is often necessary to achieve closure. While financial compensation will never ease your loss, it can help with any unexpected expenses. At John Foy & Associates, our compassionate Cumming personal injury lawyers are here to help.

When you lose a loved one due to negligent circumstances, the grief can be overwhelming. In addition to unanswered questions, the impact of funeral costs lost income, and medical expenses can devastate a family. We will handle your claim with the dignity and respect it deserves. 

How a Wrongful Death Is Defined in Georgia

When a family member loses their life in a negligent accident, the surviving family members of the deceased can seek justice in a wrongful death claim. The role of negligence and liability is at the heart of wrongful death laws. In some cases, the liable party may be held responsible in both criminal and civil court. 

Financial compensation in wrongful death suits differs from personal injury claims. When a death occurs due to a preventable accident, the value of the claim is meant to prevent similar acts in the future. As such, wrongful death claim settlements tend to reflect the extent of wrongdoing. 

Types of Damages You Can File for in a Wrongful Death Case in GA

Damages in wrongful death claims also differ from other personal injury lawsuits. Depending on the circumstances of your loved one’s loss, you may be entitled to recover the following:

• Medical costs 
• Funeral expenses
• Pain and suffering damages
• Loss of future income
• Burial expenses
• Loss of consortium 
• Possible punitive damages for gross negligence

If your loved one was the primary financial supporter of the family, this factor may be considered in assessing the value of your claim.

Types of Wrongful Death Claims in Cumming, Georgia

There are several types of wrongful death cases, from medical malpractice to negligent traffic accidents. If a person or company fails to act with reasonable care or breaches their duty of care, you may have grounds for a wrongful death claim. 

The most common wrongful death cases John Foy & Associates have represented include:

• Product liability 
• Medical malpractice
• Defective products
• Dog bites
• Rear-end collisions
• Slip-and-falls
• Car accidents
• Drunk driving accidents
• Truck accidents
• Birth injuries 
• Uninsured motorist accidents
• Motorcycle accidents
• Bus accidents

Our services are not limited to the above examples. Any negligent or intentional act that results in death has the potential to qualify. If you have suffered the loss of a loved one, you deserve answers.

Those Eligible to File a Wrongful Death Claim in Georgia

Wrongful death claims cannot be filed by anyone. When a person loses their life due to a careless act, the state has specific guidelines to ensure those affected by the loss the most are able to recover damages. Therefore, eligibility is considered in the following order:

• The surviving spouse
• If there is no surviving spouse, the deceased children may file a claim
• If the deceased is not married and there are no surviving biological or adoptive children, their parents may file a wrongful death lawsuit
• If none of the above are available, the administrator of the deceased’s estate may file a claim

Immediate family members may file wrongful death claims. However, the right does not extend to grandparents or siblings. When an estate administrator files a claim, any settlement or verdict is held for the next of kin.

Establishing Negligence in a Wrongful Death Claim

Personal injury and wrongful death claims are based on acts of negligent behavior. Negligence involves a person or entity failing to act with a reasonable level of care towards another. What can be considered reasonable or not will vary with the circumstances of your case.

Reasonable behavior can be challenging to demonstrate. Generally, similar situations are compared to determine how a typical person would have acted and if those actions would have resulted in the death of your loved one. In other words, was the death foreseeable? 

In addition, negligence is established with the following elements:

• If the person or business owed your loved one a duty of care
• If the party breached the duty of care towards your loved one
• If the breach of duty is directly responsible for your loved one’s death

An experienced wrongful death attorney in Cumming can demonstrate that the responsible party failed to act in a way that another reasonable person would and that failure resulted in the loss of your loved one. 

A Wrongful Death Lawyer in Cumming Can Assist You with Your Claim

At John Foy & Associates, our compassionate team has served Georgian residents for decades. After years of experience, Attorney John Foy has garnered a reputation as the “Strong Arm” for his aggressive advocation. By taking smaller caseloads, our Cumming wrongful death claim attorneys can provide our clients with the individual attention and personal service they deserve. 

If you have suffered the loss of a loved one, let us offer our deepest condolences. Our legal team is here to help you through this difficult time with sensitivity and respect. Schedule a free consultation today, and let us assist you in obtaining justice for your loved one.