Marietta Wrongful Death Lawyer

Marietta Wrongful Death Attorney

Accidents and injuries can negatively impact our loved ones, despite our efforts to protect them. The unexpected death of a close friend or family member is often emotionally devastating, and many people feel lost about how to move forward. If you have lost a loved one to wrongful death, get in touch with a Marietta wrongful death lawyer & law firm to help you take the next step forward.

Though there are no positives to losing a loved one, there are legal steps that can make the aftermath less strenuous on your family’s finances. A wrongful death claim can help you to recover certain damages from responsible parties and earn compensation for the expenses that you are now facing.

Our professional Marietta wrongful death lawyers at Barnes Law Group send our deepest condolences for your loss and encourage you to let us help you create a wrongful death case on behalf of your deceased loved one.

Barnes Law Group: Your Marietta Wrongful Death Lawyer

Our personal injury lawyers in Marietta have many decades of combined experience in a variety of cases. Unfortunately, this includes wrongful death claims. Though these situations are never easy, we take pride in our ability to provide reliable, honest legal services to those who are suffering from a wrongful death in their family. We have supported countless clients and families as they seek compensation and justice for their lost loved ones.

Our wrongful death lawyers have experience as personal injury lawyers as well, meaning that we understand the complexities of your case no matter what the details may be. Whether your loved one was killed by medical malpractice, product liability, car accident, motorcycle accident, rideshare accident, truck accident, or something else, we have the experience to provide comprehensive legal services for your family during this difficult time.

Your loved one’s life was worth something, and we are here to make sure that you are compensated for the grief and loss that you are suffering.

When you need a wrongful death lawyer in Marietta, you can trust Barnes Law Group to be here for you.

What Is a Wrongful Death Claim?

A wrongful death case happens when a person dies as the result of another person’s negligence, malice, or poor decision-making. Negligence occurs any time a person fails to meet the legal or professional requirements set forth for them. For example, if a driver does not follow all road signs and signals, they are neglecting their obligation as a driver and can be liable for any injuries or deaths that result.

Wrongful death claims function similarly to personal injury cases in Marietta, GA, but they are created and filed by the family of the deceased rather than the victim themselves.

Compensation in a Wrongful Death Claim

No two wrongful death settlements are the same. However, there are certain factors that will be considered in determining an appropriate settlement for your case. Your wrongful death settlement should include compensation for the following:

• Funeral and burial expenses
• Medical bills that the deceased accrued from the accident before they passed away
• Lost income that the deceased would have earned
• Support for the deceased’s dependents
• Pain and suffering, if the accident was particularly gruesome or malicious

Because there are so many factors that may be considered in your wrongful death claim, your settlement will be unique to your situation. It is difficult to say how much your claim may be worth without knowing the details of your situation.

Why Do I Need a Wrongful Death Lawyer in Marietta, GA?

If you believe that you have a wrongful death case on your hands, you are going through a serious situation filled with immense pain. Unfortunately, the legal process will make you relive this pain throughout the duration of your case, which can be extremely emotionally difficult.

Having an attorney on your side helps to alleviate some of the emotional pressure and ensures that you have a third-party advocate to fight for your rights when it is too difficult to do so yourself.

Even if your loved one’s case seems obvious, the court requires that you present information in a certain way and argue for your perspective alongside the evidence that you present. This is very difficult to do, and many people who do not have legal training or experience cannot properly execute this task. It saves a significant amount of stress and increases the likelihood of winning your claim if you have an experienced wrongful death attorney on your side.

You and your family deserve compensation for what you have endured. No one should have to pay for the burial of a loved one whose death was caused by someone else’s negligence, especially not on their own dime. Let our professionals help you to build and argue your case and give yourself and your family much-needed time and space to grieve.

Negligence in a Wrongful Death Claim

As mentioned, negligence is key in wrongful death claims. In fact, it is your job as the prosecution to prove beyond a reasonable doubt that your loved one’s death was caused by someone else’s negligent actions. In order to do so, you must understand how negligence appears in different scenarios.

Negligence occurs any time an individual fails to fulfill their legal and professional responsibilities. For example, if a medical practitioner refuses to bathe a patient and that patient develops bed sores, the medical practitioner can be held accountable for neglecting the patient and for the resulting injuries.

The type of negligence in your claim will depend on your situation. A wrongful death attorney can help you to identify and prove that negligence has occurred.

Evidence in a Wrongful Death Claim

Proving negligence requires you to present evidence clearly and properly to the court system. Depending on your situation, there may be many types of evidence that support your claim. Common types of evidence in a wrongful death claim include:

• Photos and videos of the accident scene
• Medical records and doctors’ notes
• Eyewitness accounts of the accident
• Phone records
• Autopsy reports

There may be other types of evidence that are relevant to your case. If you are unsure about what types of evidence are applicable in your case, trust an attorney from Barnes Law Group to guide you.

Wrongful Death and Insurance Companies

Unfortunately, many insurance companies take advantage of grieving families. Though you may believe that insurance will help you to pay for necessary expenses from the accident, in reality, they will likely try to avoid paying. Speaking with insurance or making a statement can jeopardize your entire claim.

Insurance companies are well-trained at spinning peoples’ statements to match their own selfish agendas. Though you may believe that you are making a straightforward comment, the company will use anything you say to try to release themselves of the obligation to pay for your loved one’s death. If you admit fault or otherwise waive your rights, you will be fully responsible for the financial obligations related to your wrongful death claim.

Do not make any statements or interact with insurance without your attorney present. In fact, if you can have your wrongful death lawyers interact with insurance on your behalf, your claim will be more secure. Attorneys are well-versed in dealing with predatory insurance companies, and we can make a statement that cannot be held against you or your claim to a settlement.

Wrongful Death and Auto Accidents

Perhaps the most common cause of wrongful death is car accidents. This is because most people drive their cars regularly, therefore increasing the likelihood of a collision. Cars are also very dangerous and therefore present an increased opportunity for lethal accidents.

Fortunately, there are many opportunities for negligence in a car accident claim. Drivers frequently neglect their responsibilities by:

• Texting and driving
• Driving while under the influence of alcohol or drugs
• Ignoring road signs, signals, and instructions
• Speeding
• Becoming distracted by objects inside the car or scenery outside of the car

If your loved one perishes in an automobile accident, it is important to understand that you are not alone and that there are options for you to move forward. Wrongful death claims caused by automobile accidents are very common, and our attorneys are highly experienced in this area.

What Does a Wrongful Death Lawyer Cost in Marietta, GA?

The cost of a wrongful death attorney will depend on the firm that you are working with. Many wrongful death lawyers charge a percentage of the settlement that you get if you win, but others charge hourly. The cost may ultimately depend on the severity of your case and the amount of time that it takes to complete.

Be sure to ask any potential attorneys about their rates and fee structures when you interview them. Doing so may protect your financial situation and allow you to be better prepared for your claim.

Our team at Barnes Law Group is happy to discuss rates and finances openly and honestly with you. Talk to one of our attorneys directly if you want to get a more personalized estimate of what your case will cost.

FAQs

Q: Is It Hard to Win a Wrongful Death Lawsuit?

A: The chances of winning a wrongful death lawsuit are no different than winning any other type of lawsuit. It all depends on the case at hand and the strength of the attorney’s argument. Losing a loved one is a horrible pain we may never move past. A wrongful death suit is fueled by passion, rage, uncertainty, and pain. The likelihood of your success in court depends on your attorney’s experience, the amount of evidence you have, your understanding of wrongful death laws, and your willingness to either settle out of court or take it before a judge.

Q: Who Gets the Money in a Wrongful Death lawsuit in Georgia?

A: If the victim is survived by a spouse and has no children, compensation is given entirely to the spouse. But if the victim does have at least two children, the compensation is divided among the spouse and the children. If the victim had more than two children, at least ⅓ of the compensation is given to the surviving spouse.

If the victim was married and had more than two children, the surviving spouse must disperse the compensation equally among the children. If the victim was single with no children, the victim’s parents will share the compensation if they are still legally married. It all depends on the victim’s marital situation upon their death, as well as whether or not they had children.

Q: How Are Wrongful Death Settlements Calculated?

A: Wrongful death settlements are calculated carefully. They are supposed to be proportionate to the earning power and financial losses of the victim. The settlement will account for any money the victim would have earned if they had not died. Some other factors that are taken into account include:

• The victim’s age
• The victim’s health at the time of death
• The victim’s potential earning capacity
• Funeral expenses and medical bills
• Age and financial circumstances of the victim’s dependents
• Value of any lost benefits like health insurance or retirement pension
• Loss of income of the victim at the time of death.

Wrongful death settlements will often take the plaintiff’s pain and suffering into account when calculating the total amount of compensation. The circumstances are unique to each case.

Q: What Is the Burden of Proof in a Wrongful Death Lawsuit?

A: The burden of proof, like with most civil cases, rests on the person who is bringing the case to court. It is up to the plaintiff to prove that a wrongful death has taken place. In a civil lawsuit, the burden of proof is referred to as a “preponderance of evidence,” which effectively means that the situation is more likely to be true than untrue.

Ergo, the plaintiff must prove that it is more than likely true that the defendant was responsible for someone’s death. Since this is a civil matter and not a criminal one, nobody is likely to go to jail for being found guilty of wrongdoing. But there will more than likely be financial compensation awarded.

Get in Touch With Marietta Wrongful Death Lawyer Today

Our team at Barnes Law Group will not let you go through this impossible time alone. We are here to advocate for your rights and help you to fight for justice for your loved one. For more, contact us today.