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Cartersville Wrongful Death Lawyer
Losing a loved one unexpectedly is scary.
You may be experiencing feelings of shock, loss, and sadness. At the same time, you may be wrestling with a sense of responsibility and duty to take the next steps. All of this can be overwhelming.
We can help lighten the load while working toward achieving the closure you may need.
Some Steps to Take After a Wrongful Death:
Professional thieves exist who take advantage of the confusion immediately after an unexpected death. They will steal from the unattended homes, vehicles, and other personal property of the recently deceased. Take a moment to make sure your loved one’s valuables are properly secured and monitored.
First, identify your support network to help lighten the load. This could be family, friends, church, or all of the above. Then, identify a reputable funeral home who can help you through this planning process and make it easy on you and your family.
Locate important legal documents that could be important in the coming days and weeks. These documents could include: wills and trust paperwork, death certificate, marriage certificate, titles, deeds, tax records, bank account records, life insurance records, etc.
Consult An Attorney
You will likely need an attorney to assist you in setting up an estate through the Probate Court. You will need an estate to settle your loved one's affairs. It's also wise to consult with an attorney if you suspect your loved one's life was cut short due to someone else's wrongful conduct.
What is a "wrongful death" ?
A wrongful death is actually a broad term that's often used to help nonlawyers understand their legal rights. Technically, it describes two separate legal claims created by Georgia's statutes. These claims arise when someone has lost their life due to the wrongful – or negligent – conduct of someone else.
These statutes permit surviving family members and/or estate administrators to pursue civil justice for the unnecessary loss of life. Incidentally, these claims allow the families to achieve closure on their sudden loss of a loved one.
Learn more at our Wrongful Death Overview FAQ
Bartow County Medical Examiner/Coroner
Patrick Jennings Funeral Home & Cremation
Mack Eppinger & Sons Funeral Services, Inc.
What are the two types of claims that can be pursued, and who can pursue them?
In Georgia, the first claim that can be pursued is for the "full value of the life of the decedent." Legally and technically, this is termed the "wrongful death" claim and it represents the value of what has been lost to the family. This claim can be pursued by surviving family members, in this order:
Surviving Spouse; (if no surviving spouse, then:)
Surviving Child or Children: (if no surviving child or children, then:);
Surviving Parent(s) (if no surviving parents, then:)
The second claim that can be pursued is termed the "survival action," also referred to as the "estate claim." This claim only falls to the Estate Administrator, on behalf of the estate. It allows the Estate Administrator to "stand in the shoes" of the deceased and recover compensation as if the deceased had survived - hence, the term "survival action."
Learn more @ Estate-Based Claims FAQ
What type of compensation may be available for a Cartersville Wrongful Death?
There are two broad types of compensation that coincide with the two types of claims that may be pursued.
Georgia's wrongful death statute allows for the compensation for "the full value of the life of the decedent" that has been lost to the deceased's surviving family. As stated above, this claim can be pursued by the surviving spouse, surviving children, or if none exist, the estate administrator. Typically, this compensation includes:
Value of future earnings (i.e. future wages)
Value of future services (i.e. household responsibilities)
Intangible value of life (i.e. lost experiences with friends, family, etc.)
Compensation under Georgia's survival action allows for compensation that the deceased could have recovered, personally, if they had lived. These include:
Other necessary expenses;
Pain and suffering; and
Learn more @ Death Damages & Compensation FAQ
What will a Cartersville Wrongful Death attorney do?
There are several things an experienced Cartersville wrongful death attorney can do to help make things easier for you and your family:
Provide Legal Counsel: Most importantly, an attorney can provide you guidance during this process and answer any questions that may come up.
Probate/Estate: If the deceased has a will, an attorney can help get the will "probated" - or making it enforceable. If a will does not exist, the attorney can help establish an estate through the Probate Court.
Life Insurance: If the deceased has a life insurance policy, the attorney can assist the policy's beneficiary obtain those proceeds.
Investigate: An attorney will immediately begin investigating the incident that caused your loved one's death, preserve evidence, interview witness, and do other tasks to preserve the wrongful death claim.
Coordinate Autopsy: If the cause of death is disputed, the attorney can help identify an independent medical examiner to perform an autopsy and serve as an expert in the case.
Pursue Legal Claims: The attorney will also provide all representation to pursue wrongful death/survival action claims through the courts.
How much does a Cartersville Wrongful Death attorney cost?
Wrongful death attorneys work on a contingency fee basis. Stated another way, there are no upfront costs or retainer, and a wrongful death attorney only receives compensation when the claims have been resolved.
On the flip side, this also means that you do not owe the attorney any money, even if the claims fail for one reason or another.
Learn more at Attorney Fees and Expenses FAQ
Contact a Cartersville Attorney for a Free Consultation. No Commitments.
Coping with an unexpected death of a loved one can be overwhelming. You have questions, and we have answers. We're ready to help.
You can call us at (678) 580-8936 or send an email. No Commitments.
Consultations are free, and we don't mind sharing some wisdom. You have nothing to lose.
Alternatively, continue to review this page to get some of your questions answered. Or visit our frequently asked questions to understand what the future may hold.
Wheale Law provides legal services exclusively on a contingent fee basis. In other words, you pay no upfront costs. If you hire us, Wheale Law only collects attorney's fees if your case successfully resolves.
Learn more @ Attorney Consultation FAQ
What are common causes of Cartersville wrongful deaths?
Deaths resulting from the careless and negligent acts of other people most commonly occur in the following situations:
Medical and/or pharmacy errors;
Nursing home neglect or abuse;
Criminal victims and/or negligent security;
Faulty or poor construction;
Head injury from a slip, trip, and fall;
Negligently manufactured or designed product;
Other product defect or failure;
Dangerous pharmaceutical drug; and
Interesting Bartow County, Georgia Facts
The availability of data can tell us a lot about Bartow County, its health, and the propensity toward an accidental injuries and death. As the largest city in Bartow County, Cartersville's residents play a disproportionate role in these numbers:
Over the past five years, Bartow County has experienced approximately 59 accidental deaths a year.
Primary care physicians in Bartow County, GA see an average of 2,534 patients per year.
Only 19.2% of Bartow County's population lives close to an emergency facility (nearly 18% points lower than the national average).
11.9% of Bartow County's population commutes 60 minutes or more for work (over 5% points higher than the national average).
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Very Professional, Very polite, and took care of everything that was needed to be taken care of. I strongly recommend Patrick. He is the best.
I highly recommend him for all your legal needs. He will aggressively pursue your best interests. He pulled me from the depths of despair. He literally took me from Ruin to Riches! He's definitely the tip of the spear. If you hire Mr. Wheale you will not be disappointed. Mr. Wheale Thank you for winning my case and restoring my peace of mind.