Filing a legal claim on behalf of a loved one who has died as the result of the negligent act or acts of another person or company can be extremely difficult as the family and loved ones are grieving over the loss of the loved one. At such a time it is difficult to focus on pursuing a cause of action against the person or company responsible for your loved one’s death. However, it is important to retain counsel as soon as possible as a quick and thorough investigation to establish facts, contact witnesses, and preserve evidence can make a dramatic difference in the recovery obtained. William P. Evans and his staff are available to provide expert and timely legal advice on how to proceed and your legal rights in this difficult period. William P. Evans has represented victims in wrongful death cases throughout Georgia for over 30 years. Mr. Evans’ paralegal, Michelle Foster, has assisted Mr. Evans in his practice for over 11 years. Please contact Mr. Evans or Ms. Foster immediately to seek assistance in your wrongful death case and to discuss your legal rights in these cases. Please contact Mr. Evans or Ms. Foster at (404) 841-9400 or (866) 266-6607.
If your spouse, parent, or child has unfortunately suffered a fatal injury or accident you may be able to file a civil action against any party that acted negligently, recklessly, or intentionally in causing those injuries. If your loved one suffered a deadly crash or other fatal accident, William P. Evans and his staff will work with you to secure your financial stability and stabilize your family.
Under Georgia law a wrongful death claim arises when a death is caused by the negligence or negligent actions of another person or company. Georgia has a very complicated series of statutes to provide rights and causes of actions for the survivors of wrongful death victims. There are statutory provisions which address the proper party to file the wrongful death case against the negligent party or parties. If the deceased person is an adult, the right to pursue the wrongful death recovery is vested in his or her spouse or children. In case the spouse receives the award from such a claim, he or she is required to share the same with the deceased’s children, but is allowed to retain one third of such an award from a wrongful death claim. If the deceased person is a minor the parents of the minor will be entitled to pursue the wrongful death claim.
O.C.G.A. S 51-4-1 provides that the measure of damages in wrongful death cases is “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.” In this case, “full value” is defined to include not just items having definite monetary value, such as lost earnings as well as medical and funeral expenses, but also loss of items whose precise value cannot be quantified. These intangible items include pain and suffering as well as loss of consort on the part of the deceased’s spouse. Therefore the judge will in most instances direct the jury to be guided by their “enlightened conscience” in arriving at the amount of the jury verdict.
It is imperative that your legal team support you throughout your wrongful death case. Throughout the legal process, William P. Evans and his legal team will remain attentive to your needs and answer any questions that you may have. Whether you want to voice a concern or complaint, ask a question, or inquire about the legal process, William P. Evans and his staff will remain available to you. We work with clients to explore all of their options and alternatives to litigation. While we are effective negotiators, we prepare meticulously to take any case to trial.
The factors considered in arriving at the settlement amount for a wrongful death claim are the nature and extent of injury suffered, the recoverable economic losses, the extent of liability of each party, the location of the trial as well as the deceased’s person’s health prior to their demise. This process is very complicated, and insurance companies for the responsible party will possess vast experience in evaluating such wrongful death claims. Their main goal in conducting such evaluation is one; to obtain the lowest possible settlement for the claim.
It is very important to have a lawyer with vast experience handling wrongful death claims to act on your behalf. William P. Evans has represented victims in wrongful death cases throughout Georgia for over 30 years. Mr. Evans’ paralegal, Michelle Foster, has assisted Mr. Evans in his practice for over 11 years. Please contact Mr. Evans or Ms. Foster immediately to seek assistance in your wrongful death case and to discuss your legal rights in these cases. Please contact Mr. Evans or Ms. Foster at (404) 841-9400 or (866) 266-6607.