Attorney Joseph McClelland knows that money will never bring back a loved one. Fatal accidents occur in Georgia everyday, but you don’t have to be without some things.
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An attorney will explain that one such item is their lifetime’s worth of earnings from the job or employment. That means that each year they would have earned that money, you may be able to recover. Further, all of the natural expenses of life such as rent/mortgage, gas money, food money, health insurance, family, vacation, tools, or whatever someone would spend their money on is not subtracted from the amount of recovery.
Losing a loved one is always difficult, especially when the circumstances might have been prevented. If you’ve lost a loved one in Atlanta, Georgia or elsewhere due to someone else’s negligence because a car accident, medical mistake, or defective product injury you may need a Wrongful Death Lawyer.
Wrongful Death Video
Before pursuing legal actions such as the filing of a complaint or petition, we will often send a demand letter to the appropriate parties. We will make sure that those responsible are held accountable for their negligence through compensation by settlement or trial and verdict. Contact my office if a family member has suffered an accidental death, an auto accident death, or killed by another.
Many statutes, including the Georgia Wrongful Death Act, apply in these cases that control the statute of limitations and civil procedure. Although the negligent killing or intentional killing of someone is a crime and punishable in the criminal courts, a this type of claim is civil in nature. There are two different cases altogether. Be sure to have legal representation that knows the law.
Against Whom Do You Bring the Lawsuit in Georgia?
This question all depends on the facts of the case. If someone was killed in a car accident, for example, then we would sue the driver of the car. Included in that, we would ultimately seek out all available insurance coverage to look for compensation. In the case of an auto accident death, the driver may not have personal assets of any value. In that case we would start of with the driver’s insurance policy on that car. Then, we would look for addition car insurance policies on other vehicles owned by that driver or policies of other individuals that live with the driver. An example would be to look for a spouse with a vehicle.
After those polices have been located and exhausted, we would then turn to the available car insurance coverage for the deceased. Their insurance policy may have some provisions that would allow for recovery. A classic example would be to find uninsured motorist coverage and use that.
This just scratches the surface, but the overall purpose is to show how many levels of coverage exists and the complications associated with going after different policies from different individuals.
Our law firm will assist family members of the deceased file a lawsuit for their loss. Many personal injury attorneys and personal injury lawyers do car accidents. Not all attorneys handle Georgia wrongful death cases.
We represent clients in Atlanta, Decatur, Marietta, Stockbridge, Jonesboro, Stone Mountain, Monticello, Forsyth, Barnesville, Zebulon, Conyers, Covington, Monticello, Jackson, Griffin, McDonough, Macon and throughout Georgia.
Get Help from an Attorney at (770) 775-0938
What can you recover from the death of a family member?
The law allows you to recover the money they would have earned without taking out the money they would have spent. An example of money they would have earned would be salary over the course of their estimated working life. An example of the money not deducted would be rent or food expenses.
(1) ”Full value of the life of the decedent, as shown by the evidence” means the full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived.
Who can bring an action for the killing of a family member?
§ 51-4-2. Persons entitled to bring action for the death of spouse or parent; survival of action; release of wrongdoer; disposition of recovery; exemption of recovery from liability for decedent’s debts; recovery not barred by child’s being born out of wedlock
(a) The surviving spouse or, if there is no surviving spouse, a child or children may recover for the homicide of the spouse or parent the full value of the life of the decedent.
(b) (1) If an action is brought by a surviving spouse and the surviving spouse dies pending the action, the action shall survive to the child or children of the decedent.
(2) If an action is brought by a child and the child dies pending the action, the action shall survive to the surviving child or children.
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Contact Attorney Joseph P. McClelland (404) 381-8584
These types of cases require many skills that I did not know where necessary when I started practicing law. I have always been a nice and polite gentleman, but that is not all that is needed, in my opinion. It requires that ability to understand the devastation that the individual is going through. This is not a law case to them. This is justice. This is the chance to give revenge in a way. I understand that. Everyone does. People have tons of emotions and not always are they properly timed or correctly placed. But that is neither here nor there. What is important is to stay focused and get the best wrongful death settlement possible.
Call (404) 381-8584