Weaver Law Firm helps people through the claims process after accidents in Cumming. Unfortunately, some accidents are much more troubling than others–especially when they result in the death of a loved one. No one wants to be in this situation. But if you’re here, we want you to know that there’s a path forward—and that you don’t have to take it alone. We can help you understand your rights and what steps might come next, starting with a free consultation.
Do I Need a Lawyer for a Wrongful Death Claim?
Technically, no, you don’t need a lawyer for a wrongful death claim. But in reality, these types of situations are rarely simple. Between figuring out who can file, pulling together the right evidence, and dealing with insurance companies, most families find it overwhelming to manage alone—especially while grieving. Our role at Weaver Law Firm is to make things easier, not harder. When you work with us, here’s what we can do for you and your family:
- Sorting through your options by reviewing what happened and helping you understand whether a wrongful death claim makes sense in your case—and who’s legally able to file it.
- Building your case with medical records, police reports, witness statements—anything that helps show what went wrong and how your family has been impacted.
- Communicating with the other side’s insurance adjusters and defense lawyers, who may not be eager to pay what your family should rightfully need to move forward. We handle those conversations, push for answers, and make sure you get fair support under the law.
- Going to court if necessary. While many cases settle, if yours doesn’t, we’ll handle the hearings, filings, and trial process. Your family doesn’t need to worry about saying the right thing or following complex legal steps—we take care of all that.
We know how overwhelming it can be to lose someone unexpectedly—especially when it didn’t have to happen. Filing a wrongful death claim won’t undo the loss, but it can be an important step toward finding closure and, yes, some financial stability for the future.
Who’s Responsible for Paying Damages in a Cumming Wrongful Death Case?
In Georgia, a wrongful death claim works much like a personal injury claim—the key is proving that someone’s careless or reckless actions led to your loved one’s death. That’s called negligence–and that just means that:
- Someone didn’t act as safely as they should have, and that failure caused the fatal accident.
This obviously opens the door to a wide range of different kinds of accidents and incidents. Most of the time, though, the legal responsibility falls on:
- A distracted driver causing an accident on Buford Highway
- A trucking company pushing tired drivers to meet delivery deadlines
- A property owner ignoring a dangerous hazard, like water sources that lead to drownings
- A doctor or hospital making a preventable medical mistake
- A manufacturer putting a defective product on the market
- A business failing to provide safe conditions for workers or customers
- Even the city or county failing to maintain safe roads or traffic signals
In most cases, it’s the at-fault party’s insurance—auto, business, homeowner’s, or malpractice—that pays for the claim. But if insurance doesn’t cover the full amount, the person or company involved may be held directly responsible.
Sometimes it’s clear who caused the accident. Other times, you may not have all the details—especially if you weren’t there. That’s where we come in. Our team can help gather the evidence, interview witnesses, and figure out exactly what happened and who should be held accountable. But this raises an important point about the actual filing of the claim–wrongful death claims have certain guidelines before filing can even be done.
Am I Able to File a Wrongful Death Claim After a Fatal Accident in Cumming?
When someone passes away because of someone else’s negligence, the legal process is different from a typical injury case. Instead of the injured person filing a claim, certain family members—or someone representing the estate—must do it for them. That could mean you’re able to file if you’re a:
- Spouse
- Child, if there’s no spouse
- Parent, if there’s no spouse or child
Outside of these family members, it comes down to whether or not there’s a will in place. If there is, the person named as the estate’s representative may also be able to file a claim. And in some cases, other relatives—like stepchildren or extended family—might qualify, especially if there’s no will or immediate family. The rules can get complicated quickly, but this is often the first thing that needs to be sorted out. Once that’s done, though, the claim can be filed through:
- An insurance claim (if there’s an active policy for a fatal accident)
- A wrongful death lawsuit in civil court
It’s here that the other major difference with a wrongful death claim comes up. The “damages” that you and your family could potentially get are built around the loss of your loved one, like:
- Lost income and financial support
- The loss of companionship, care, or guidance
- Funeral and burial expenses
- Medical bills from before the death
- Emotional suffering and grief
There’s no way to measure what your loved one meant to you—but in a wrongful death claim, there are certain practical factors that come into play. These help insurance companies, judges, or juries understand the impact of the loss and determine what kind of financial support your family may be able to get:
- Your loved one’s age at the time of their death
- Whether they had children or dependents, and how old those dependents are
- Their income at the time of death
- What they likely would have earned in the future, including raises or promotions
- Their education, job skills, and work history
- Their health before the accident
- Any benefits they provided, like insurance coverage or retirement plans
We know it can feel cold to break things down into numbers when you’re grieving. But this part of the process is about helping your family move forward—not just emotionally, but financially. A wrongful death claim helps make sure your loved one’s role in your life is taken into account, not overlooked.
Frequently Asked Questions
Is a wrongful death claim worth more?
It can be, but it all depends. Generally though, part of the damages can take your loved one’s age, health, and financial situation at the time of the accident into account.
What’s the statute of limitations for filing a wrongful death claim in Georgia?
Two years, just like a typical injury claim.
Can a wrongful death claim be strengthened?
Yes, though it’s more difficult–especially if you weren’t there at the time. Still, it’s all about reporting the accident to authorities and gathering as much evidence and information as possible. And remember, our team can guide and support you in these efforts.
Reach Out to Weaver Law Firm After Losing a Loved One in Cumming
Nobody wants to think about losing someone they care about in a fatal accident in Cumming, but it unfortunately can happen in an instant. No matter what the circumstances are, our team at Weaver Law Firm will be there to help you and your family through what comes next. The legal process can’t undo the loss, but it can give you and your family the ability to move forward. Start today with a free consultation.
