No one is prepared for losing a loved one, especially during an accident someone else caused. If a family member recently lost their life in Valdosta, nothing can undo what has happened. However, your family also shouldn’t have to bear the costs of another person’s carelessness.
At John Foy & Associates, we’re here for you after the wrongful death of a loved one. Our team of Valdosta personal injury lawyers has been helping victims and their families for over 20 years. We treat each case with compassion, understanding, and a focus on your needs.
Learn more about your legal options during a free, no-risk consultation. We don’t collect a fee unless we win your case.
Identifying the Legal Causes of Wrongful Death
A wrongful death claim can arise from many different situations. In any condition, the death must result from someone else’s negligence. The responsible party or their insurance company is liable for covering the costs of the death.
A family member or representative might bring a wrongful death claim after:
- Motor vehicle accidents
- Truck accidents
- Slip and fall accidents
- Work-related accidents
- Medical malpractice cases
- Pedestrian accidents
- Bicycle or motorcycle accidents
If a loved one was killed, don’t wait to get help. Our Valdosta car accident lawyers can evaluate the scene to see if your loved one died in a wreck or request black box information if there was a truck accident. Your case details and the skill of your attorneys will determine your family’s options. We know what it takes to build strong claims and fight for compensation.
Money from a wrongful death claim can make a massive difference for surviving loved ones. Although money cannot reverse an accident, it can help families begin to rebuild after a challenging time like this.
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Parties Who Can Bring a Wrongful Death Claim in Valdosta
Only certain people can bring a wrongful death claim after a loved one passes. According to the Official Code of Georgia Annotated (OCGA) §51-4-2, the following (in order) can bring a claim.
- Surviving Spouse: The first person who can bring a wrongful death claim is the deceased loved one’s spouse. If the deceased and spouse had minor children, the spouse must also represent the children. According to the law, the spouse cannot receive less than ⅓ of the full recovery.
- Surviving Children: If there is no surviving spouse, any surviving children can bring a claim.
- Surviving Parents: If there are no surviving spouses or children, surviving parents can bring a claim.
- Estate Representative: Sometimes, there are no surviving family members after a wrongful death accident. If so, a representative for the deceased’s estate can bring a claim. Any damages the case wins will stay in the estate. The person’s next of kin can then receive the compensation.
How Our Wrongful Death Attorneys Successfully Manage Wrongful Death Lawsuits in Valdosta
After the death of a loved one, it can be impossible to know where to turn. It’s a time of uncertainty, heartbreak, and frustration. Working with a lawyer and receiving protective legal advice can make all the difference as your family focuses on mourning your loss.
For our team, every case is personal. We treat each client and their family with respect and compassion. Our number one priority is seeking compensation for the wrongful death that occurred. While money can never undo what’s happened, it can help loved ones recover costs and start the healing process.
We’ll stop at nothing to fight for your rights. Our process often involves steps like:
- Investigating the accident thoroughly
- Determining which negligent party is responsible for your loved one’s death and damages
- Working with expert witnesses to support your case
- Building a strong wrongful death claim
- Assessing and calculating your total damages
Wrongful death cases arise when someone is killed due to another’s negligence. In legal terms, negligence is another word for carelessness. The victim’s death must result from another person’s or party’s negligence.
Families often bring wrongful death claims amidst emotional turmoil and trauma. It’s difficult to think straight, let alone think about a legal case. Our lawyers will handle everything while your loved ones focus on mourning and healing. Taking legal action doesn’t have to be an overwhelming process with the right law firm.
Wrongful Death Damages That Are Common to Win
If someone else’s negligence leads to a death, that person is liable for the costs. A loved one’s family can seek many damages on behalf of the deceased.
Common wrongful death damages include:
- Medical expenses such as bills or fees from your loved one’s last treatment
- Pain and suffering they experienced before they died
- Lost wages and benefits the loved one would have earned if they’d lived
- Funeral and burial expenses
- Loss of companionship
Punitive damages are also available for some personal injury cases. Punitive damages may be an option if the at-fault party was malicious or had a blatant disregard for the victim’s safety.
Punitive damages are usually not available for wrongful death claims. However, there can be exceptions. Our lawyers can evaluate the damages you’re entitled to claim.
Estimating the Timeline for a Wrongful Death Claim
Filing a wrongful death claim can be a complex and emotionally challenging process. Understanding the typical timeline can help manage expectations for those seeking fair compensation for their loss. Let’s explore the stages involved in a wrongful death case, from filing to resolution.
Initial Consultation
Your journey typically begins with a meeting with experienced wrongful death attorneys. During this consultation, you’ll discuss the details surrounding your loved one’s death, any legal issues that may arise, and the types of negligence that could have played a role. This step is vital for assessing the strength of your claim and understanding your rights.
Investigation and Gathering Evidence
If you choose to move forward, your legal team will conduct a thorough investigation. This process might take several weeks as they collect evidence, interview witnesses, and consult experts. The aim is to build a strong case that clearly shows who is responsible and what damages are involved.
Filing the Claim
Once enough evidence is gathered, your attorneys will file the wrongful death claim with the appropriate court. This formal document details the case, including who is involved, the nature of the negligence, and the compensation you’re seeking. The timing for this step can vary based on how complicated the case is and the court’s jurisdiction.
Discovery Phase
After filing, both parties enter the discovery phase, where they share information and evidence relevant to the case. This process can take several months and may involve depositions (interviews under oath), written questions, and document requests.
Negotiation and Settlement Discussions
Once discovery wraps up, your attorneys will negotiate with the opposing party to try to reach a settlement. The duration of this phase can vary widely, depending on how willing both sides are to compromise. Skilled attorneys will advocate for fair compensation during these discussions, aiming to resolve the case without going to trial.
Trial (If Necessary)
If a settlement can’t be reached, the case may go to trial. The timeline for a trial can differ significantly based on court schedules and the challenges of the case. Preparing for trial can take several months, and the trial itself may last weeks or even longer, depending on the evidence and number of witnesses involved.
Get Legal Help After a Wrongful Death Accident
After the loss of a loved one, everything can feel overwhelming. You might not know where to turn first to recover compensation for what’s been lost. It’s also normal to wonder if you really need help from a lawyer.
Working with an attorney after a wrongful death is usually the best option. Most family members don’t have legal experience in handling a wrongful death claim. The details can be more complicated than filing a personal injury claim, and it can be challenging to know what’s available.
Our legal team at John Foy & Associates knows what to do. We’ll handle the legal process while your family mourns and heals during this difficult time. We can protect your rights to ensure you recover a fair amount of financial compensation.
Call Our Valdosta Wrongful Death Lawyers for a Free Consultation
Our team at John Foy & Associates is here for you and your family. We have been helping with wrongful death claims successfully for over 20 years and have the track record to prove it. Our lawyers do not charge a fee unless we win your case, so there’s no risk to get started.
Contact us today to get a free, no-obligation consultation. We’ll listen to your concerns, answer your questions, and get to know you. From there, we can determine your options and discuss the best steps for you. If you have a wrongful death claim, our lawyers are ready to help you seek compensation.
229-232-8678 or complete a Free Case Evaluation form