Wrongful Death

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If you have lost someone because of the actions or inaction of another person, a wrongful death lawyer like me can help you seek financial compensation for the emotional and financial losses you’ve experienced. No amount of compensation can bring your loved one back. In seeking a wrongful death suit, you are seeking justice for them and telling the courts why your loved one’s life mattered.

What qualifies as wrongful death?

When a person’s negligence or deliberate action results in the preventable death of another person, this death is wrongful and the responsible party can be sued. A surgeon who was drunk and mishandled a surgery, a mechanic who carelessly installed a part which resulted in a fatal accident, and a driver who ran off the road and hit and killed a person walking their dog can all be sued for wrongful death.

Who gets the money in a wrongful death lawsuit in Georgia?

The people who can file a wrongful death suit are also the only people who can receive compensation from a settlement, primarily the victim’s spouse and any children. If the victim had no living spouse, the settlement will go to any surviving children. If the victim had no surviving children and no spouse, their surviving parent or parents will receive the settlement. If the victim had no living spouse, children, or parents, the executor of the deceased’s estate can file the lawsuit and would receive all compensation in a settlement.

How hard is it to prove wrongful death?

As a wrongful death attorney, I must prove four things for your case:

  1. The carelessness, recklessness, or negligent actions or inaction of the defendant caused or contributed to your loved one’s death (negligence).
  2. The responsible person or party owed the victim a duty of good conduct, which was breached. (Breach of Duty: drivers have a duty to drive safely and obey traffic laws, medical professionals have a duty to maintain their patient’s health, mechanics have a duty to maintain professional standards to ensure baseline safety for the vehicles they work on.)
  3. The defendant’s negligence clearly resulted in the victim’s death. Without that negligent act or failure to act, the person would not have died (causation).
  4. A person’s death can never be undone by a legal ruling, so financial compensation is partially determined by the quantifiable costs the person and their family dealt with as a result of their loved one’s death (damages).

 

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Client Testimonial

We feel she made our future brighter despite what had happened. We cannot thank Tracey enough for representing us during this life changing ordeal. WE would highly recommend her to anyone. She and her staff are not just our lawyers, but they are our friends.
– Janice C.

We’re here to help, call to schedule a consultation: (478) 477-9000

Wrongful Death FAQS

What can a wrongful death attorney do?

As soon as you hire a wrongful death attorney like me, Tracey Dellacona, my legal team will begin gathering documentation related to your claims, including medical records and bills. Then, we will investigate your loved one’s death through police records, security footage, text message records, and other means to help build your case. Next, I will negotiate with the defense on your behalf, outside of the courtroom, to help you get all the compensation you are entitled to. If necessary, I will go to trial to present your case and make sure you and your deceased loved one receive justice. Dellacona Law Firm has handled over 1,000 cases in my 17-year career.

How long do wrongful death cases take?

Although some wrongful death cases settle within a matter of months, many can take 1-4 years to resolve. Even if a case does not go to trial, investigation, negotiation, and the legal processes involved in a case may take over a year to resolve. The statute of limitations is 2 years from the time of death, though there are exceptions. For all these reasons, and the importance of restoring your own peace of mind, it’s important to start this process as soon as possible. You can set up a free consultation with me, Tracey Dellacona, by calling 478-477-9000.

What to ask a wrongful death attorney?

The following questions will help you choose the best wrongful death attorney for you.

  1. How extensive is your medical knowledge?
  2. Have you handled a case like mine before? What was the result?
  3. Have you gone to trial on a case like mine and what was the result?
  4. What are the strengths and weaknesses of my case?
  5. How will I be kept updated on my case status?
  6. Can you give me a time frame of how long it will take to get my case to trial?
  7. How much will it cost to pursue my case and do I have to pay any money as a retainer?

How do you choose a wrongful death attorney?

In Georgia, wrongful death compensation amounts are based on the significance of the loss to the deceased, not their loss to living relatives. My team and I are experienced in obtaining video testimony from family members, pastors, coworkers, and others that attests to the full worth of the deceased’s life and loss. By illustrating what life meant to the deceased, we have obtained seven-figure sums in numerous wrongful death cases, and we would be honored to represent you and your family as well.

How quickly should you hire a wrongful death attorney?

The statute of limitations on a wrongful death lawsuit in the state of Georgia is 2 years after the date of the person’s death. If you do not file your claim before those 2 years have passed, you will not be able to seek financial compensation from the responsible party for the death of your loved one. It is critical that you call me, Tracey Dellacona, as soon as possible so I can learn the unique circumstances surrounding your case and to advise you of your legal options. To set up your no-charge consultation, call 478-477-9000.

 

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Tracey L. Dellacona

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