Winder Wrongful Death Lawyer

Husband trying to comfort his wife due to her lossA wrongful death is any death caused by reckless, negligent, or intentional actions of another person. Since wrongful death is a tragedy that can be prevented, Georgia law provides that family members have the legal right to seek compensation. However, this area of law is highly complex, which deters many families from seeking compensation for the loss of their loved one.

The law permits three categories of compensatory damages for surviving loved ones: 

  • The full value of the deceased’s life
  • Funeral and estate-related expenses
  • Medical expenses plus pain and suffering

At Scholle Law, our attorneys know the pain of suddenly losing a loved one. When you hire us to represent you, we will handle your case from start to finish so you can focus on what is actually important in this difficult time. Our compassionate lawyers will work tirelessly to make sure you and your family get the compensation you deserve.

Call us at (866) 592-1296 or contact us online today to schedule a free, no-obligation consultation with a wrongful death lawyer in Winder.

How Do I Prove Someone Else Caused My Loved One’s Death?

Your Oconee County wrongful death attorney must prove four key elements to successfully show someone else’s negligence caused your loved one’s passing. These elements include: 

  1. Duty of Care. According to Georgia law, a wrongful death must result from the recklessness or negligence of another party. The duty of care is the standard for reasonable actions. A lawyer from Scholle Law will cite the doctrine establishing the defendant’s duty of care.
  2. Breach of Duty. Your lawyer will argue that the defendant breached their duty through negligent actions. These actions will depend on the details of your case. 
  3. Causation. Your lawyer will need to demonstrate that the other party’s negligence caused your loved one’s death. This is distinct from a breach of duty of care. Causation forms an additional link between the defendant and the results of the tragic incident. 
  4. Damages. Your lawyer will need to show that the victim’s death has resulted in demonstrated losses to your family. Your lawyer will provide any documentation that proves your damages. This can strengthen your case.

How long will my wrongful death case take?

Grownup daughter soothes aged mother, holds her hand feeling empathyYou may seek quick compensation after your loved one’s passing. You may have no other recourse to make ends meet. However, speed can be an unrealistic expectation for a wrongful death case. 

If your case is settled quickly, there is a good chance that the settlement you receive will be less than what you are actually owed. Insurance companies know you are likely in a financial bind after your loved one’s passing.

They may take advantage of this fact and make a fast offer that seems fair, but is actually much lower than what your lawyer can recover on your behalf. If you accept that offer, you forfeit your right to seek greater compensation. 

Our attorneys will take the necessary time to pursue the full compensation you deserve and help you avoid the regret that comes from accepting a quick, insufficient settlement. Some of the factors that may lengthen the legal process include:

  • We need time to gather as much relevant information as possible
  • The insurance company may initially refuse to pay the full amount that you deserve
  • The insurance company may require drawn-out negotiations before agreeing to settle
  • Your case may need to go to trial (if settlement negotiations are not successful)
  • Trial may be a lengthy process, especially if the defendant does not accept liability for the death of your loved one

 

Consult with a Winder Wrongful Death Attorney Today

After your loved one’s passing, dealing with insurance companies, debt collectors, and even lawyers may be the last thing you want to do. Unfortunately, time is not on your side. Pursuing compensation through a wrongful death lawsuit is often a lengthy process, and the suit must be filed within two years of your loved one’s death.

At Scholle Law, our attorneys know the pain of suddenly losing a loved one. When you hire us to represent you, we will handle your case from start to finish so you can focus on what is actually important in this difficult time. Our compassionate lawyers will work tirelessly to make sure you and your family get the compensation you deserve.

Call us at (866) 592-1296 or contact us online today to schedule a free, no-obligation consultation with a Winder wrongful death lawyer.