Weaver Law Injury Attorneys helps people in Gainesville who have been hurt in serious accidents. While any accident is difficult, some are especially devastating–none more than ones that are fatal. In these tragic situations, there is a legal process that may help you and your family get financial support and move forward. Our team is here to guide you through this challenging time. Contact us today for a free consultation.
Should You Get a Lawyer for a Wrongful Death Claim?
No one expects to lose a loved one in an accident, but sadly, fatal accidents can happen in Gainesville just like anywhere else. It’s hard to think about, let alone face. But there is still a claims process in place that can help you and your family.
While hiring a lawyer isn’t required to file a wrongful death claim, it can make the process much easier during a time when you’re already dealing with so much. On top of the emotional challenges, these cases can be legally complex, and that’s when you should think about getting a lawyer. Our team can:
- Look into what caused the accident.
- Figure out who was at fault.
- Gather the evidence needed for your claim.
- Offer legal advice and emotional support.
- Handle insurance matters or filing a lawsuit if needed.
Again, it’s hard to overstate just how difficult this entire situation is. Our team will be there to at least handle the legal side of things so you and your family can focus on healing and moving forward.
What’s the Legal Process After a Fatal Accident?
When a fatal accident happens, the legal process is different from a typical injury case. Instead of filing a personal injury claim, the family must file a wrongful death claim. While similar in many ways, there are some key differences to know.
The first major difference is that only certain people are allowed to file this type of claim in Georgia:
- Spouses
- Children
- Parents (if there’s no spouse or child)
If the person who passed away had a will, someone named in it may also have the right to file. If there’s no will or immediate family, other relatives like stepchildren or parents may be able to file the claim. But this is usually the first step in the process. From there, though, the rest of the process is similar to a personal injury claim. This means that you or your family can either file:
- An insurance claim
- A lawsuit if a settlement isn’t possible
The other big difference is what a wrongful death claim covers. These claims focus on the loss of the loved one and how it impacts the surviving family. So, once the claim is filed, you may be able to recover damages for:
- Loss of financial support and future income
- Loss of companionship and guidance
- Medical bills, funeral, and burial costs
- Emotional suffering and grief
It’s here that there’s another huge hurdle you and your family need to be aware of: the statute of limitations. In Georgia, as with other injury claims, a wrongful death claim has to be filed within two years of the date of death. If it’s missed, you and your family can’t recover these damages.
Who Pays For Damages in a Wrongful Death Claim?
Because it’s effectively an injury claim, a wrongful death claim has the same legal standard when it comes to figuring out who pays for you and your family’s damages: it’s all about showing negligence. This means showing that:
- Someone or group of people failed to act in a safe or reasonably safe way, and this led directly to the accident and fatal injuries.
Obviously, this is a pretty broad definition. In reality, though, it can make things easier if you look at what actually happened. Here are some examples of who might be responsible for damages in a wrongful death case:
- Careless drivers in car, truck, or motorcycle accidents
- Vehicle makers if a defect caused the crash
- Employers if the accident happened at work
- Doctors or hospitals in cases of medical mistakes
- Businesses that sell unsafe products
- Property owners who don’t keep their premises safe
- Government agencies that fail to fix dangerous roads
- Criminals whose actions caused someone’s death
Most of the time, insurance pays for the damages–such as auto, homeowner, business, or malpractice insurance. If insurance doesn’t fully cover the loss, the person or company at fault may have to pay out of pocket.
What’s more, it’s not always easy to figure out who’s responsible–especially if you weren’t there or if more than one party was involved. That’s why it’s important to get as much information and evidence as you can.
How Can You Strengthen Your Family’s Wrongful Death Claim?
It ultimately doesn’t matter what kind of accident led to the death of your loved one (or your own), it’s all about taking the right steps to get the evidence and information that’s going to be needed in the claims process. This is obviously extremely tough after a fatal accident because you might not even be there when it happens. Still, by taking the following steps, you and your family can form a solid foundation for a wrongful death claim:
- Report the accident – Call 911 immediately to get medical and police help. If the accident happened on someone’s property or at work, tell the owner or employer right away. If a defective product was involved, keep the product and any receipts.
- Gather evidence – Get witness information, medical records, police reports, and photos or video of the scene. This evidence will show how the accident happened and who is at fault.
- Track your expenses – Keep records of all expenses, including medical bills, funeral costs, and other losses. These will help show the financial impact on your family.
- Be careful with statements – When talking to insurance companies, police, or others, stick to the facts. Avoid speculation or exaggeration, which could hurt your case later.
These steps will help protect your family’s claim, but we understand that during such a difficult time, it can be hard to manage everything yourself. Our team can help with gathering evidence and making sure your family’s case is as strong as possible.
Frequently Asked Questions
How much can my family recover in a wrongful death claim?
The amount of financial support depends on the details of the case. Generally, the more evidence you can provide, the stronger your claim will be. This can lead to higher damages. However, the amount will ultimately depend on who is liable and the available insurance coverage.
What’s the difference between a wrongful death claim and an injury claim?
A wrongful death claim is a type of injury claim, but it focuses on the loss of a loved one’s life and how it impacts surviving family members. A standard injury claim focuses on harm caused to someone who survives the accident.
Can I file a wrongful death claim if I’m not a family member?
Usually no. Georgia law allows only spouses, children, or parents to file a wrongful death claim. However, if there are no surviving spouses, children, or parents, you might be able to file. You’d have to be named in the will and be able to show proof of that to a judge first, though.
Contact Weaver Law Injury Attorneys For Help With Wrongful Death Claims in Gainesville
Losing a loved one unexpectedly is heartbreaking, and wrongful deaths often leave families unsure of where to turn. Our team of wrongful death lawyers in Gainesville is here to guide you through this challenging time.
You don’t have to face this alone. At Weaver Law Injury Attorneys, we understand the emotional and legal challenges of wrongful death claims. While we can’t undo your loss, we can help your family get the financial support needed to rebuild and move forward. Contact us today for a free consultation.
