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Free Consultation
(678) 999-8500
Free Consultation
(678) 999-8500
(678) 999-8500
(678) 999-8500
(678) 999-8500
A wrongful death claim is a civil lawsuit brought by the surviving family members or the estate of a person who has died as a result of someone else’s negligence, recklessness, or intentional actions.
Essentially, it’s a way for the law to recognize that a preventable death has occurred and to provide a means for the affected family to seek justice and compensation for their losses.
This is the core of a wrongful death claim. The death must be a direct result of someone else’s actions or failures. This can include:
In Georgia, a wrongful death claim isn’t just one thing – it’s thoughtfully divided into two distinct parts:
This first part of the claim belongs to your loved one’s estate. It seeks compensation for what your loved one endured before their passing, including:
The law sees these as debts owed to the estate. To pursue this part of the claim, the surviving spouse or the guardian of minor children typically needs to be appointed as the estate representative – either as the executor (if there was a will) or the administrator (if there wasn’t).
At Tidwell Strimban Injury Lawyers, we’ll guide you through these crucial legal steps and handle the complexities that arise when dealing with the estate. We’re here to ease your burden during this difficult time.
The second part of the wrongful death claim belongs directly to the surviving spouse and children. This claim aims to provide compensation for the full value of your loved one’s life.
This isn’t just about dollars and cents. It’s about recognizing the unique and irreplaceable role your loved one played in your lives and in the world.
To help a jury understand this, we focus on showing who your loved one was while they were alive. We strive to paint a picture that highlights:
At Tidwell Strimban Injury Lawyers, we have a proven track record of achieving significant results by helping juries truly appreciate the special person you’ve lost.
We know how to tell their story, ensuring their life is honored and that you receive the justice you deserve.
If you’re in Woodstock, Georgia, or the surrounding areas, and you’ve experienced the tragedy of a wrongful death, please reach out to us. We offer a compassionate and experienced hand to guide you through this challenging journey.
We’ve gathered some of the most frequent questions we hear about wrongful death cases here, but please remember that each situation is unique. If you have questions related to your loved one’s specific case, please contact us for a free consultation.
A wrongful death claim is a civil lawsuit where the deceased’s family seeks financial compensation for their losses due to a wrongful death. The goal is to provide monetary relief, and the standard of proof is “more likely than not.”
In contrast, a criminal case is brought by the government to punish someone for breaking the law, with a much higher standard of “beyond a reasonable doubt.”
These are separate legal processes, and the outcome of one does not automatically determine the outcome of the other.
While not legally required, it’s strongly recommended to hire a lawyer for a wrongful death claim.
Wrongful death lawyers navigate complex laws, understand how to prove the full value of life, deal with insurance companies, gather crucial evidence, manage legal procedures and deadlines, and represent you in court, significantly increasing your chances of a fair outcome during a difficult time.
The length of time it takes to resolve a wrongful death case varies significantly depending on several factors. Generally, cases that reach a settlement out of court can take anywhere from several months to potentially one to two years.
However, if a case proceeds to trial, it can take considerably longer, often ranging from one to several years due to court schedules, the complexity of the evidence, and the trial itself.
Discovery in a wrongful death case is a formal legal process where both sides – the surviving family or estate (plaintiffs) and the alleged responsible party (defendants) – gather information and evidence from each other to prepare for potential settlement negotiations or a trial.
It’s a crucial stage that aims to prevent surprises, promote transparency, and allow each party to understand the strengths and weaknesses of their case.
Think of it as a structured way for each side to “discover” what the other side knows and has.
Here are some common tools and methods used during discovery in a wrongful death case:
Mediation and settlement are closely related concepts in a wrongful death case, both aiming to resolve the lawsuit outside of a full trial.
Settlement is simply an agreement reached between the surviving family/estate (plaintiffs) and the responsible party/insurance company (defendants) to resolve the wrongful death claim.
This agreement typically involves the defendant paying a certain amount of financial compensation to the plaintiffs in exchange for them dropping the lawsuit. Settlement can occur at any stage of the legal process – before a lawsuit is even filed, during discovery, or even during trial.
The terms of a settlement are usually documented in a legally binding agreement.
Mediation is a specific process used to facilitate settlement. It involves a neutral third party (the mediator) who helps the opposing sides communicate and negotiate effectively.
The mediator does not make decisions or impose a resolution but instead works to understand each party’s perspective, identify common ground, and explore potential settlement options.
At Tidwell Strimban Injury Lawyers, serving Woodstock and the surrounding areas, we work on a contingency fee basis for wrongful death cases. This means you typically pay no upfront attorney’s fees or hourly charges. Our fee is a percentage of the total financial recovery we obtain for you through a settlement or a trial verdict.
Even if the deceased was not actively working and earning an income at the time of their wrongful death, a wrongful death claim can still be pursued, and damages can still be recovered in Georgia. The focus shifts from lost wages to other significant aspects of the “full value of life” and the losses suffered by the surviving family and the estate.
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