Cumming Wrongful Death Lawyer
Although many wrongful deaths are caused by car and other motor vehicle accidents, wrongful death can also be caused by use of defective products, construction accidents, and medical malpractice eventually resulting in a fatality.
By filing a wrongful death claim in Forsyth County, you can hold the negligent party accountable and seek compensation for monetary and intangible losses.
Losing a family member or loved one due to the carelessness of another person can be an emotionally challenging time. Although it may be difficult to address the issue of finances during this time, it is extremely important to contact an attorney that can represent your best interests as soon as possible.
The compassionate attorneys at Scholle Law have represented families of wrongful death victims for over 25 years. We know how difficult this time in your life can be; a lawsuit may be the last thing on your mind. Our team will take the burden of the legal process off your plate so you can focus on grieving and healing with your family.
While no amount of money can heal the hurt of losing a loved one, a lawsuit can provide financial security and peace of mind that justice has been served. Give us a call at (866) 592-1296 or contact us online for a free, no-obligation consultation with a Cumming wrongful death lawyer today.
How Does Wrongful Death Differ from Homicide?
While “wrongful death” and “homicide” are often used interchangeably, they have distinctly different legal definitions:
Wrongful death refers to civil claims that one person brings against another party on behalf of a person who has died. In a wrongful death case, the defendant could be a person, a business entity, or a government entity.
Homicide is defined as the unlawful killing of a human being by another. This is a criminal act and is governed by a state’s criminal code.
In Georgia, homicide and other criminal deaths are governed by O.C.G.A. § 16-5. The state prosecutes homicide cases, while personal injury attorneys like Charles Scholle litigate wrongful death cases.
Criminal homicide cases and civil wrongful death cases generally have different aims. In a criminal death case, the court aims to punish the wrongdoer for their actions. In a wrongful death case, the aim is to compensate the victim’s family for their loss. However, defendants may also be punished in civil cases by assessing punitive damages as allowed by state law.
There are several other important differences between criminal death and wrongful death in the state of Georgia:
- A district attorney’s office will not pursue a wrongful death claim (it is not under their legal purview).
- You can pursue a wrongful death case even if the district attorney’s office pursues a criminal action for homicide. You can file a civil case whether or not the defendant is found guilty of criminal charges. A famous example of this is the OJ Simpson trial, in which Simpson was found not guilty of murder but was found liable for wrongful death in civil court.
- The criminal code of Georgia does not apply to a wrongful death action. Instead, Chapter 4 of Title 51 (Torts) of O.C.G.A. applies.
- There will be no “guilty” or “not guilty” verdict in a wrongful death suit. Instead, it will determine that the defendant is “liable” or “not liable.”
- Wrongful death cases cannot result in jail time or imprisonment for a defendant. Rather, monetary damages may be awarded if the responsible party is found liable.
These distinctions are important, but understanding them after your loved one dies is not always easy. Your emotional state may make legal terms and principles even more difficult to understand. You do not need to grapple with these issues alone.
Get Help from a Cumming Wrongful Death Attorney Today
The legal process of seeking compensation after a loved one dies due to someone else’s actions or negligence can be complex. However, when you enlist the help of Scholle Law, the concerns and complications of filing a lawsuit are taken off your shoulders so you can focus on what really matters.
The compassionate attorneys at Scholle Law have represented families of wrongful death victims for over 25 years. While no amount of money can heal the hurt of losing a loved one, a successful lawsuit can provide financial security and peace of mind that justice has been served. Give us a call at (866) 592-1296 or contact us online for a free, no-obligation consultation with a Cumming wrongful death lawyer today.