Losing a loved one unexpectedly causes a devastating blow to a family. But when that death could have been prevented, the feelings of loss can be made worse by feelings of anger and frustration toward those responsible. Contact a Savannah wrongful death lawyer today.
One of the Best Wrongful Death Lawyers in Savannah
At the Spiva Law Group, P.C., our dedicated wrongful death lawyers in Savannah have more than 30 years of experience fighting for the rights of families who have lost a loved one. We demand the compensation you need to cope with financial losses, and we work to obtain the answers your family deserves.
For decades, Savannah families have trusted us to handle wrongful death law cases because:
Our law firm focuses solely on claims involving catastrophic or fatal injury, and we limit the number of cases we take so we can give our clients the attention they truly deserve.
Our wrongful death team takes a strong and strategic approach to determining what constitutes a full and fair payment in a wrongful death lawsuit case. We investigate to identify all responsible parties and sources of compensation to grieving family members. We also calculate the full extent of your losses up to now and, particularly, into the future.
We have a long track record of securing compensation that ensures our clients will be financially stable for the rest of their lives. In fact, we have recovered more than $200 million for our clients to date.
Our wrongful death lawyers pride themselves on putting our clients’ needs first. We understand the grief a death in the family causes, and we know the deeper financial problems you may face in the days ahead. We want to relieve you of that worry.
Our diverse team of professionalsincludes five lawyers, a physician, an investigator, paralegals, and an experienced support staff who work together on every case. Together, we have the resources and the skills to guide our clients through this difficult time.
How Long Does it Take to Settle Savannah Wrongful Death Claims
Contact our Savannah wrongful death attorneys today for a free consultation about your case, and learn how we can help. Our wrongful death attorneys can meet with your family on weekdays, weekends, at night, or early in the morning at our law offices or any other location that is convenient for you. We are here to take as much of the burden off you as possible.
How Do Savannah Wrongful Death Claims Work?
In Georgia, certain family members may pursue a wrongful death claim after the unjustified death of a loved one. Such claims are meant to protect those who had financial and emotional dependence on the individual whose life was wrongly taken.
A Georgia wrongful death claim may be pursued against a party whose negligence or recklessness caused a fatal accident, such as a Savannah car accident or any type of truck crash, or who commits a crime (i.e., homicide).
In Georgia, a wrongful death case consists of two claims:
Survivors’ Wrongful Death Claim in Savannah
Eligible surviving family members may seek compensation in a wrongful death claim, such as the deceased’s:
Spouse
Children, if there is no surviving spouse
Parents, if there is no surviving spouse or children
Survivors seek to recover damages to compensate them for “the full value of the life of the decedent, as shown by the evidence.” This includes restitution for:
Lost wages and benefits, including what the deceased person would have earned if he or she had lived
Loss of care, companionship, and other intangible benefits the deceased individual provided
In cases in which there are minor-age children, the deceased’s spouse represents the children’s interests. Compensation awarded is to be split evenly among the survivors participating in the claim, but under the law, the spouse is to receive at least one-third of the total awarded.
Money awarded to underage children is held for them by a parent or appointed guardian until they reach the age of majority (18 years old).
The Estate’s Wrongful Death Claim
In a second claim, the deceased person’s estate seeks compensation to pay outstanding bills related to the accident and death. This includes compensation for:
Medical expenses related to the illness or injury that caused the person’s death
Funeral and burial expenses
Conscious pain and suffering the person endured between the fatal incident and death
In this claim, a survivor such as a spouse, a child, or a parent serves as the personal representative of the deceased person to pursue compensation and settle the estate’s expenses. If there are no eligible survivors, the executor or administrator of the deceased person’s estate may seek compensation for these losses. Contact one of the best wrongful death lawyers in Savannah today.
How Our Attorneys Build a Case for Compensation in a Wrongful Death Claim
Establishing Liability in Wrongful Death Cases
In wrongful death cases, establishing liability is the foundational step. It involves proving that the death of a person was caused by the negligence or intentional act of another party.
Establishing liability in a wrongful death lawsuit generally requires demonstrating four key elements:
Duty of Care: Establishing that the defendant owed a duty of care to the deceased. For example, all drivers have a responsibility to obey traffic laws and drive safely to prevent harm to others on the road.
Breach of Duty: Showing that the defendant breached this duty through negligence or a wrongful act. An example could be a driver running a red light, leading to a fatal accident.
Causation: Linking the breach of duty directly to the wrongful death. This means proving that the deceased’s death was a direct result of the defendant’s action or inaction.
Damages: Demonstrating that the death resulted in quantifiable damages, such as medical expenses, funeral costs, loss of income and support, and pain and suffering of the deceased before death.
Negotiation with Insurance Companies
After establishing liability, the next step often involves negotiating with insurance companies. This process aims to secure a fair settlement that covers the damages suffered by the bereaved family. It includes:
Claim Submission: Submitting a detailed claim to the insurance company, outlining the evidence of liability and the extent of damages incurred.
Settlement Offers: Receiving and evaluating settlement offers from the insurance company. It’s crucial to assess whether these offers adequately compensate for the losses.
Negotiation: Engaging in negotiations with the insurer to increase the settlement amount, if necessary. This may involve presenting further evidence or legal arguments to justify a higher compensation.
Legal Representation: It’s advisable to have experienced legal representation during this phase to navigate the complexities of insurance laws and negotiations effectively.
Filing a Wrongful Death Lawsuit in Savannah
If negotiations with the insurance company do not result in a satisfactory settlement, the next step may be to file a wrongful death lawsuit. This legal action seeks to obtain justice and compensation through the court system. The process involves:
Filing a Complaint: Initiate the lawsuit by filing a legal document (complaint) in court, stating the basis of the claim against the defendant.
Discovery: Both parties exchange information through the discovery process, which may include depositions, document requests, and interrogatories.
Trial: If the case does not settle during pre-trial negotiations, it will proceed to trial. During the trial, both sides present evidence and arguments, and a judge or jury makes a decision regarding liability and damages.
Time Limits: It’s important to be aware of the statute of limitations, which sets a deadline for filing a wrongful death lawsuit. In Georgia, the statute of limitations for wrongful death claims is generally two years from the date of the deceased’s death.
Each of the two allowable claims in a wrongful death lawsuit case can proceed at the same time with the goal of settling debts and obtaining compensation as quickly as possible. Our Savannah wrongful death attorneys will prepare the claims for you by investigating the circumstances of your loved one’s death and determining who or what entity(s) have responsibility for what happened. We have great wrongful death lawyers in Savannah.
Wrongful Death Economic Damages
Our team will work quickly to develop a full accounting of the estate’s financial costs and losses, as well as your financial losses due to the cessation of future anticipated income.
In addition to accounting for current bills and expenses, we can compile employment records and enlist economic consultants to project the value of future wages, benefits, perks, career advancement, etc., that your family member could have anticipated.
These are known as economic damages. Contact our wrongful death lawyer in Savannah today.
Wrongful Death Non-Economic Damages
Both the survivors’ claim and the estate’s claim also allow for non-economic or “pain and suffering” damages.
To develop a picture of the “full value” of your loved one’s life, we will spend time with you and other family members, close friends, colleagues, etc., to learn what made that person special to you. Photos, videos, correspondence, memories, and anecdotes about everyday life and special occasions together will help us complete the story that truly conveys your loss.
We may also seek damages for what went through your loved one’s mind between injury and death. This may depend on the type of accident and injury, length of suffering, and your loved one’s understanding of the seriousness of his or her wounds.
Nothing can change the loss you and your family have suffered and will continue to endure. However, our law firm will dedicate every resource we have to pursue the compensation necessary to relieve you of financial worries and allow you to grieve in peace.
Wrongful death claims can also arise from other accidents or from intentional acts to cause harm, like assault, homicide, or other criminal acts.
What Steps Should I Take After Losing a Loved One in a Wrongful Death Accident?
When your family has lost a loved one due to someone else’s negligence or wrongdoing, you can take steps that will help your family pursue financial recovery and justice for their death. Your family should start by getting documents in order, including obtaining a copy of your loved one’s death certificate and copies of the medical records for their final injury or illness.
You should also gather records of your loved one’s and your family’s financial losses from their final injury and death.
Wrongful death financial records may include:
Medical bills from your loved one’s final treatment or palliative care
Funeral or burial invoices
Your loved ones’ pay stubs or income statements to calculate their average earnings
Bills and invoices for services you must hire to replace the work your loved one performed around the household
You should talk to an experienced wrongful death attorney as soon as possible to determine your family’s legal rights and options. An attorney can review the circumstances surrounding your loved one’s death to determine if it occurred due to another party’s actions or inaction, which may give your family the right to seek compensation and justice in a wrongful death claim.
A wrongful death attorney can identify potentially liable parties, document your family’s ongoing and future losses, and vigorously advocate on your family’s behalf to pursue maximum financial recovery for you.
How Is Liability Determined for a Savannah Wrongful Death Claim?
Someone may be liable for a wrongful death when they negligently, recklessly, or intentionally cause another person’s death. Negligence happens when a person fails to abide by a duty of care they owe to another person, leading to the other person suffering injuries. For example, a person may cause a wrongful death in a car accident that occurs when the person breaches their duty to drive safely, such as by speeding.
Recklessness occurs when a person consciously ignores a significant risk that their actions may lead to another person suffering severe injuries, such as by intentionally speeding through red lights and stop signs without care for other traffic.
Depending on the circumstances of the accident that leads to a wrongful death, your family may rely on various kinds of evidence to determine who you might hold liable for your loved one’s passing.
Examples of evidence that attorneys often use in wrongful death cases include:
Police crash reports
Arrest and conviction records
Business incident reports
Accident scene photos and videos
Eyewitness testimony
Surveillance footage
Medical records
Staffing records
Repair or maintenance records
Cell phone logs
Vehicle event data recorder (“black box”) logs
Engineering inspections
Accident reconstruction, engineering, or medical expert reports and testimony
What Is a Wrongful Death Action vs. Survival Action in Georgia?
In Georgia, wrongful death actions and survival actions are distinct types of legal claims.
A wrongful death action is a legal claim by a deceased individual’s surviving family or personal representative. In a wrongful death action, surviving family members can recover compensation for the “full value of the life” of the decedent. This may include the loss of the victim’s financial contributions to the family and the loss of support, services, and other intangible benefits they provided to the family or household.
Eligible surviving family members or the personal representative of the victim’s estate may file a wrongful death action. Surviving dependents and heirs receive the compensation recovered in a wrongful death action.
A survival action is the legal claim of the victim’s estate. Survival actions continue the personal injury claim the victim could have pursued had they survived their final injury or illness. As a result, a survival action can compensate the victim’s estate for financial and personal losses incurred before their death. The estate receives the money recovered in the survival action, which becomes an asset of the estate to be distributed according to the victim’s will or Georgia’s intestacy laws.
Who Can Be Sued for Wrongful Death?
Various parties may bear liability for your loved one’s death and the financial and personal losses your family has suffered due to their passing.
Examples of parties who might be defendants in a wrongful death lawsuit include:
A motorist at fault for an auto accident that causes another person’s death
Healthcare providers whose negligent care leads to a fatal injury or illness
Trucking companies when their negligent driver or the company’s negligence causes a truck accident
A contractor or construction company whose negligence leads to a fatal construction or industrial site accident
Manufacturers of dangerous or defective products that cause users to suffer fatal injuries or illnesses
Negligent property owners who fail to fix or warn of hazardous conditions on their premises that cause fatal accidents
A Savannah wrongful death lawyer can investigate your loved one’s death to determine all parties who may bear responsibility for the tragic losses you and your family have suffered.
If you have lost a loved one due to someone else’s negligence or criminal behavior, contact the Savannah personal injury lawyers at Spiva Law Group, P.C., to discuss whether you may be able to pursue a wrongful death lawsuit claim. We will thoroughly investigate the cause of your family member’s death and work aggressively to demand full compensation from all responsible parties.
Georgia’s statute of limitations puts deadlines of as little as two years on filing wrongful death claims, and accident investigations can be very time-consuming. Please schedule a free consultation with our team today to learn what your options are. We can get answers for you, and we will not charge for work on your claim unless we recover money for your family. Contact us now.
Additional Wrongful Death Resources You Might Find Helpful:
The National Center for Victims of Crime provides resources and support to victims of crime, including wrongful death victims. They have a 24/7 hotline that you can call at 1-800-394-2255. Their website: https://victimsofcrime.org/
The Compassionate Friends is a support organization for families who have lost a child. They offer a variety of resources and support groups, including a group specifically for families who have lost a child to wrongful death. You can find their contact information on their website: https://www.compassionatefriends.org/
“The Spiva Law Firm led by Howard Spiva, is one of the most compassionate, caring, personal injury firms around. They have an excellent track record no doubt due to their knowledge, experience and the quality of each member of their team. Howard is one of the most brilliant, intuitive, ethical people I have ever met. If you've got a problem, he's your man.”
– Susan Davis Teasdale, a Spiva Law client
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