Weaver Law Firm can help you through the claims process after an accident in Rome. Any accident is upsetting, but some change things forever. The most devastating outcome is losing a loved one. When that happens here in Rome, there’s still a legal process to help you and your family find answers and help moving forward. Our team is here to guide you through each step and shoulder as much of the burden as possible so you can focus on your family. Set up a free consultation today.
Should I Get a Lawyer for a Wrongful Death Claim?
Nobody in Rome ever expects to lose someone they love because of another person’s carelessness—but sadly, it can happen. While Georgia law doesn’t require you to hire a lawyer to file a wrongful death claim, having one can make a world of difference. Building a strong claim often means:
- Finding out exactly how the accident happened
- Pinpointing who’s legally responsible
- Gathering and protecting important evidence
- Offering steady legal advice when you need it most
- Guiding you through insurance negotiations or a lawsuit
- Standing up for you in the courtroom, if it comes to that
The truth is, handling these claims on your own can be overwhelming—especially while you’re grieving. We take these cases seriously, with the care and respect you and your family need, while making sure your rights are protected every step of the way.
Who’s Allowed to File a Wrongful Death Claim?
The biggest difference between a typical personal injury case and a fatal accident case in Rome is the type of claim you file. When a life is lost, it becomes a wrongful death claim. It works much like an injury claim in some ways, but there are important differences in who can file it, what damages are available, and how the process unfolds. In Georgia, only certain family members can bring a wrongful death case. In most situations, this includes:
- A surviving spouse
- Children of the person who passed away
- Parents, if there’s no surviving spouse or children
- A personal representative of the estate, if the above relatives aren’t available
If there’s no will, Georgia’s “order of priority” is what decides who has the legal right to take the case forward. Once that person (or representative) is identified, the claim can be filed. With that, the wrongful death claim in Rome can move forward in two main ways:
- Through an insurance claim – This might be with the at-fault driver’s insurer, a property owner’s insurer, or another party’s coverage, depending on what caused the death.
- Through a lawsuit – This happens when settlement negotiations fail or when going straight to court is the best option.
The damages in a wrongful death claim focus not on medical treatment for the injured person (as in a standard injury case) but on the loss of the person’s life and the impact on their loved ones. Georgia law allows families to seek damages for:
- Lost financial and parental support
- Funeral and burial expenses
- Loss of companionship and guidance
- Emotional suffering caused by the loss
- Loss of the person’s future income and benefits
Even with a wrongful death claim, you and your family are still only going to have just two years from the date of death to file the claim. That might seem like plenty of time, but the investigation, evidence gathering, and negotiations take time—so it’s important to get started quickly.
Who Pays For Damages in a Wrongful Death Claim?
Obviously, a fatal accident is much heavier and difficult to deal with. But the starting point is still the same–figuring out who exactly is responsible. While the standard is still negligence, ultimately it means that somebody didn’t take reasonable care and caused the fatal accident. This, obviously, can cover a lot of different accidents and people. Most of the time, though, liability falls on:
- Drivers in car, motorcycle, or truck accidents
- Automakers or parts manufacturers if a defect caused the crash
- Employers when unsafe working conditions lead to a fatal workplace accident
- Property owners or landlords who fail to keep their premises safe
- Businesses that make or sell unsafe products
- Government agencies that don’t maintain safe roads or conditions
Proving liability isn’t always straightforward—especially if you weren’t there when the accident happened. So, while we have the legal standard in place, it’s extremely helpful to look at how a fatal accident could happen.
How Do Most Fatal Accidents Happen in Rome?
The hardest part of any wrongful death case is the loss itself. But understanding how it happened is crucial to protecting your rights and preventing similar tragedies. In Rome, fatal accidents can occur in many ways, but common causes include:
- Car accidents – These can involve high-speed collisions on Highway 411, distracted driving along Turner McCall Boulevard, or impaired driving anywhere in Floyd County.
- Pedestrian accidents – These often happen when drivers fail to yield at crosswalks, are distracted behind the wheel, or speed through residential areas and busy intersections in Rome.
- Bicycle accidents – These may occur when motorists pass too closely, open car doors into bike lanes, or fail to see cyclists while making turns on city streets.
- Motorcycle accidents – These can result from drivers not checking blind spots, following too closely, or misjudging a motorcycle’s speed and distance on local roads.
- Workplace accidents – These are especially common in construction, manufacturing, or other industries where employees work around heavy equipment.
- Unsafe products – These may include defective machinery, hazardous household goods, or recalled vehicles that were never repaired.
- Dangerous property conditions – These can involve unsecured swimming pools, unsafe staircases, or poorly maintained public spaces.
No matter the cause, what all of these situations have in common is that they can leave families in Rome facing an unexpected and heartbreaking loss. When someone else’s negligence leads to a fatal accident, surviving family members have the legal right to take action. While nothing can undo what happened, going through with a wrongful death claim can help bring a measure of financial stability and a sense of accountability. To do that, it’s important to gather certain key information—details that can strengthen your claim and help your family move forward.
What Information Can I Use For a Wrongful Death Claim?
Filing a wrongful death claim isn’t just about telling your story—it’s about backing it up with clear, credible evidence. The stronger the information you have, the better your chances of holding the at-fault party accountable. If you’re in Rome and thinking about taking legal action, here are some of the most important things you’ll need:
- Basic information about your loved one – Start with the essentials, like their full name, date of birth, and information about their job or sources of income. Don’t forget to note their role in the family—this helps show both the financial and emotional impact their loss has on those left behind.
- Details about the accident – Record the date, time, and exact location of the incident. Was it along a busy stretch of Highway 411, at a local workplace, or somewhere else in Rome? The more specific you can be, the stronger the record.
- Official reports – Police reports, workplace incident documents, or findings from the medical examiner are key pieces of evidence. These reports can carry a lot of weight when establishing what happened.
- Medical records – If your loved one received treatment before passing, gather all hospital and doctor records. Copies of bills and treatment notes help document both the cause of death and related expenses.
- Witness information – Keep names and contact info for anyone who saw the accident or can speak to unsafe conditions. Even small details from witnesses can make a difference.
- Evidence from the scene – Photos, videos, or surveillance footage from nearby businesses or traffic cameras can provide crucial insight into what happened.
- Proof of expenses – Save receipts or records for funeral and burial costs, as well as any other out-of-pocket expenses that came up because of the loss.
- Legal documents – Gather copies of your loved one’s will, estate paperwork, or any documents naming an executor or personal representative. These help clarify who can file the claim and manage the estate.
The reality is, gathering all of this on your own can feel overwhelming—especially while you’re grieving. That’s why having a legal team on your side can make a difference. We can track down reports, locate witnesses, request records, and piece together the evidence needed to build the strongest possible case for your family.
Frequently Asked Questions
Can I file a wrongful death claim if I’m not related by blood or marriage?
Usually, no. In Georgia, only certain family members can file—spouses, children, parents, or a personal representative of the estate. That said, if you’re named in the will as the executor, you may be able to bring the case on behalf of the estate.
What’s the deadline to file?
In most Georgia wrongful death cases, you have two years from the date of death to file. However, if the case involves a government agency or certain criminal matters, that timeline can change, so it’s best to check with an attorney as soon as possible.
Do I need a death certificate to file a wrongful death claim?
Generally, yes. A death certificate is going to be the official record that confirms the death, along with other important details like the time and cause of death.
Contact Weaver Law Firm for Help With Wrongful Death Claims in Rome
Losing a loved one unexpectedly in an accident is unthinkable, and it can leave your family unsure of where to turn. At Weaver Law Firm, we can guide you and your family through the steps that can bring financial stability and a sense of closure. You don’t have to face this alone—reach out today for a free consultation so we can talk about how to move forward together.