The Gwinnett County wrongful death attorneys at Dermer Appel Ruder have an edge in the courtroom when representing clients involved in wrongful death lawsuits.
We know how insurance companies handle fatal accident claims in Georgia, as well as how to get the most for these claims. Use your free consultation with our attorneys to find out if you have the right to file a claim. If so, our Gwinnett County wrongful death lawyers can help.
Under the wrong circumstances, any personal injury accident can turn fatal. A life-threatening injury such as one to the brain or spinal cord can arise from a car accident, sports incident, act of violence, animal attack, slip and fall, premises liability accident, workplace accident, construction site accident, or a variety of other situations. No matter how your loved one died, consult with a Gwinnett County wrongful death attorney. It is possible that someone else could be legally responsible for the fatal accident.
Your rights and legal options after the unexpected death of a loved one will depend upon your relationship to the deceased person. In Georgia, the spouse of the deceased person has the first right to file a wrongful death claim. If this person doesn’t exist or doesn’t file, the right goes to adult children, then to surviving parents, then to a personal representative of the estate.
If you’re one of these parties, you have two years from the date of your relative’s death to file a wrongful death claim in Georgia. You will need to go to the Gwinnett County civil courts to bring your lawsuit against the party allegedly responsible (“liable”) for your loved one’s fatal accident. This could be an employer, a drunk driver, a product manufacturer, criminal, and/or another party.
The Gwinnett County courts may award you and/or the estate damages for the wrongful death if you can prove that the accident would not have happened but for the negligent or wrongful acts of the defendant. Damages can include payment for funeral/burial expenses, medical bills up until the time of death, property damages, lost income, lost love and companionship, and other wrongful death losses.
Proving wrongful death takes showing four main elements. First, that the defendant in question owed your loved a duty of care. Second, that the defendant breached or failed in this duty. Third, that the breach of duty caused your loved one’s injuries and death. Fourth, that you (the claimant) suffered real damages because of the defendant’s negligence. Proving these four elements may require testimony from experts, evidence such as medical bills, and even a recreation of the fatal accident. That’s where our lawyers come in.
Wrongful death is the gravest possible outcome of someone else’s negligence. It is unfair that we can lose the most important people in our lives because of someone else’s mistake, error, lapse in judgment, or act of recklessness. When the worst happens, your best confidant can be your family’s personal injury attorney. The Gwinnett County wrongful death lawyers at Dermer Appel Ruder offer help for your family through this difficult time.
Our law firm can take care of all aspects of your claim on your behalf, including the initial filing of your claim within the statute of limitations (generally two years from the date of death). We can help you identify the appropriate defendant(s), file your claim, and prove negligence, if applicable. We know how to fight for better case outcomes than you would receive on your own. More importantly, we’ll provide a strong support system for you and your family in the face of a tragedy. Our firm proudly serves Atlanta and all surrounding areas. We can help, and it starts with a free legal consultation.