A family member’s death can be devastating. If a spouse, parent, child, or any other family member in Cartersville, GA is killed due to someone else’s negligence, you can seek compensation from the at-fault party. To do so, you can hire a Cartersville personal injury lawyer who can pursue compensation on your behalf.
At Joel Thrift Law LLC, we understand the challenges that can come up after a family member dies. Our Cartersville wrongful death attorney will give your case the attention it deserves. To learn more, please get in touch with us.
What Is Considered a Wrongful Death in Cartersville
A wrongful death refers to a legal action in which one person sues another due to the death of a family member. Georgia has wrongful death laws in place. These laws allow you to submit a claim in Cartersville for many reasons, including:
Car Accident
A family member can lose their life in an auto accident caused by a negligent motorist. Meanwhile, your family member’s death can financially strain you and your relatives. In this scenario, you can file a car accident lawsuit based on your family member’s death.
Truck Accident
There is no telling when a trucker will make a mistake behind the wheel. If a negligent truck driver causes an accident in which your family member is killed, you can submit a claim. At this point, you can file a truck accident lawsuit against the trucker, their employer, or both.
Bicycle Accident
If a motorist strikes your family member while they are riding their bike, the driver can be held financially responsible. You can file a bicycle accident lawsuit against the driver. In your lawsuit, you may ask for thousands of dollars in compensation based on the loss of your family member.
Motorcycle Accident
In 2021, motorcyclist deaths represented 14% of all traffic fatalities in the United States, according to the U.S. Department of Transportation (DOT). A family member can die in a motorcycle accident that involves a negligent driver. Following this individual’s death, their surviving family members can sue the driver for damages.
Work Accident
A family member can suffer a fatal work accident. If this individual’s employer was negligent, the deceased worker’s surviving family members can file a lawsuit. These family members can seek compensation to cover the lost income from their deceased relative and other economic and non-economic damages.
Joel Thrift Law LLC offers instant access to a Cartersville wrongful death attorney. We can help you sue anyone who contributed to the death of your family member for any of the aforementioned reasons and many others. To get started, please reach out to us today.
How Much Time You Have to File a Wrongful Death Claim in Cartersville
There is a two-year window in which you can submit a wrongful death lawsuit in Georgia. The window opens on the date of your family member’s death. If you do not file your lawsuit within this time frame, you lose the right to do so at a later date.
A Cartersville wrongful death lawyer takes your case seriously. Initially, they will ask you questions about your family member’s death, so they can learn as much as possible about your case. If you have a valid argument, they can file your claim for compensation in accordance with Georgia’s statute of limitations.
Wrongful death attorneys help their clients establish realistic expectations. They understand that it can take months or years to get compensation from any at-fault parties in your lawsuit. Regardless, your lawyer will work diligently to help you secure a fair settlement.
How Much Money You Can Request in a Wrongful Death Lawsuit
There is no cap on the amount of money that you can request when you file a wrongful death lawsuit. Your attorney will work with you to calculate your damages. They will account for the economic and non-economic losses you have incurred based on the death of your family member.
Wrongful death lawyers encourage their clients to ask for economic and non-economic compensation. Economic damages are awarded based on lost wages and other quantifiable losses. Non-economic compensation may be provided based on pain, suffering, and other non-quantifiable losses relating to a family member’s death.
After your attorney calculates your damages, they can file your claim. You and your lawyer will work together to prepare an argument designed to help you secure the full amount of damages that you are requesting. There can be instances where you have the opportunity to settle your lawsuit before your trial date.
How a Wrongful Death Case Can Get Settled Outside the Courtroom
You can file a wrongful death claim and have plenty of evidence to support your argument. This may lead the defendant to pursue a settlement. Because if you accept a settlement proposal, the defendant may be able to pay you less than what would be required if a judge or jury awards damages.
The defendant in a wrongful death lawsuit can offer a settlement at any point leading up to your trial date. Over the course of your litigation, the defendant may propose multiple settlements. Each time the defendant offers to settle, your attorney will notify you.
If you approve a settlement offer, you get compensation right away. In addition, your case is closed. This means you cannot pursue additional compensation from the defendant based on your initial lawsuit.
What to Do If You Get a Wrongful Death Lawsuit Settlement Offer
When you receive a wrongful death lawsuit settlement proposal, it is in your best interests to discuss it with your attorney. If you have an experienced personal injury lawyer at your side, you can receive valuable insights into a settlement proposal and all that it entails. Your lawyer can share their honest and unbiased feedback about an offer and whether they believe it is beneficial to move forward with it.
No matter what your lawyer recommends, you are ultimately responsible for deciding what to do with a settlement proposal. If you are not 100% satisfied with a proposal, you can counter it. Or, you can decline a settlement offer and continue to work with your lawyer to strengthen your case.
Just because you decline a settlement offer does not mean that you will miss out on compensation in your lawsuit. Your attorney remains focused on helping you get the most money possible. They will work in lockstep with you throughout your litigation to ensure that you can achieve this goal.
How a Cartersville Wrongful Death Lawyer Prepares for Your Trial
A wrongful death lawyer in Cartersville teaches you about the trial process. They understand that a trial can be daunting, particularly for someone who has never gone to trial. Your attorney will communicate and collaborate with you and make sure that you are fully prepared for your trial.
Your wrongful death attorney in Cartersville may conduct a “mock trial” before your actual trial date. During a mock trial, your lawyer can share questions that you may receive if you are asked to take the stand. This can give you a good idea about what will happen once your trial begins.
Of course, there is no such thing as a “bad” question to ask prior to your trial date. Your Cartersville wrongful death attorney can answer questions about what the judge in your case is like and many other legal topics. They will commit the time, energy, and resources required to help you feel confident when you enter the courtroom.
What Can Happen During a Wrongful Death Trial
In a wrongful death trial, all parties involved get the opportunity to share their respective arguments. You and your attorney explain why you believe a judge or jury should award damages. On the other hand, the defendant and their lawyer dispute your claim.
A judge or jury is impartial and considers all of the facts, evidence, and witness testimony from everyone involved in a case. After a judge or jury hears from the parties in your case, they render a decision. The judge or jury then shares their decision, and you will find out if you will be awarded damages.
Ideally, your argument will compel a judge or jury to rule in your favor. In this situation, you will be awarded the damages that you requested. As soon as the defendant pays your damages, you can move past your case.
How Comparative Negligence Applies to a Wrongful Death Lawsuit
There can be times when the defendant in a wrongful death lawsuit is found to be only partly responsible for someone else’s death. At these times, the plaintiff may be awarded a portion of the damages that they requested. This is due to the comparative negligence rule that is in place in Georgia.
Comparative negligence means that the plaintiff in a lawsuit may receive a percentage of the damages that they initially sought due to the fact that their family member was partly responsible for their own death. For instance, the judge or jury in your wrongful death case may rule that a defendant was 80% responsible for the death of your family member. If this happens, you will receive 80% of the damages that you requested.
If your family member is found to be primarily responsible for their death, the defendant in your lawsuit will not be responsible for paying any damages. Thus, it is paramount to hire a lawyer who knows the ins and outs of the legal system. This attorney will do whatever it takes to show that the defendant in your lawsuit is solely responsible for your family member’s death.
How to Choose a Wrongful Death Attorney in Cartersville
Wrongful death attorneys are available in Cartersville and other nearby communities. However, not all of these lawyers can deliver the same results. To find the right attorney, it is important to consider the following factors:
Relevant Case Experience
A personal injury lawyer and a wrongful death attorney are not necessarily the same. You can hire a personal injury attorney who may have little to no wrongful death case experience. Instead, you should select a lawyer who knows what it takes to get the maximum amount of compensation for plaintiffs in wrongful death lawsuits.
Proven Reputation
Partner with a wrongful death lawyer who has a track record of success. This attorney has helped past clients secure large case settlements. They continue to do everything they can to advocate for their clients and protect their clients’ legal rights.
Knowledge of the Cartersville Community
You can hire an attorney who is familiar with judges and laws in Cartersville. This attorney can give you localized legal insights and tips that you may struggle to get elsewhere. They may even be able to tailor your argument to the judge overseeing your case.
Be persistent as you search for a lawyer. Rather than rush to hire an attorney, commit as much time as you need to the decision-making process. Then, you can make an informed hiring decision.
When to Meet with a Cartersville Wrongful Death Lawyer
Time is limited for filing a wrongful death lawsuit. If you are weighing the pros and cons of filing a claim, meet with an attorney. This allows you to discuss your case with a lawyer and decide whether to proceed with a lawsuit.
Meeting with an attorney allows you to share details about your case with someone who is very familiar with the legal system. The lawyer will explain what legal services they can offer and if they believe you can get compensation from anyone responsible for your family member’s death. Also, they can discuss the legal process and the steps that you will need to take to secure compensation.
If you feel good about a wrongful death lawyer, you can hire this individual to represent you. Your attorney will keep you up to date as your case progresses. They will make sure that you are in the best position to get a reasonable amount of damages.
File Your Wrongful Death Claim in Cartersville
Joel Thrift Law LLC has represented clients in wrongful death cases and many others for over a decade. We proudly serve the Cartersville community and are here to help you submit your claim. For more information or to request a free consultation, please contact us today.