Dealing with the loss of a loved one is an incredibly difficult experience. If you’re reading this, you may be facing such a loss and are now considering a wrongful death case. The pain you feel is real, and during this emotional time, it’s easy to feel overwhelmed, confused, and uncertain about what comes next. You may have heard a lot of things about wrongful death cases in Georgia, but not everything you hear is true. This blog is here to clear up some of the common myths and misconceptions surrounding wrongful death lawsuits, so you can make the best decision for yourself and your family. It’s important to know that you’re not alone in this, and there are people who genuinely want to help you navigate through the legal process and achieve a successful outcome.
Wrongful Death Cases Are Only for Immediate Family Members
One of the most common myths about wrongful death cases in Georgia is that only immediate family members, like a spouse, child, or parent, can file a claim. While it’s true that these family members are the primary individuals eligible to file a wrongful death lawsuit, it’s not just limited to them. Georgia law allows other relatives, like siblings, grandparents, and sometimes even more distant relatives, to file a claim in certain situations. The key factor is whether you can prove that the death of your loved one caused financial or emotional harm to you. It’s important to remember that even if you’re not an immediate family member, you may still have the right to file a wrongful death lawsuit if you can demonstrate your connection to the deceased.
If You Were Partly Responsible for the Accident, You Can’t Win Your Case
Another common misconception is that if you or your loved one played any part in the accident that led to their death, you will automatically lose the case. While Georgia follows a legal doctrine called comparative fault, which means that damages can be reduced if you are partially at fault, it doesn’t necessarily mean you won’t be able to recover anything. If your loved one was 20% at fault in an accident, for example, their damages may be reduced by 20%, but you could still recover the remaining 80%. This myth makes many people hesitate to file a claim when they may still have a strong case. It’s essential to understand how comparative fault works, as it doesn’t mean you have no chance of winning just because of shared responsibility.
Adam Princenthal
Attorney At Law
David May
Attorney At Law
Matthew Wilson
Attorney At Law
The Insurance Company Will Take Care of Everything
A lot of people mistakenly believe that once a wrongful death case is filed, the insurance company will take care of all the legal and financial matters. Unfortunately, this is rarely the case. Insurance companies are focused on protecting their own bottom line, not necessarily on ensuring that the victims or their families get the full compensation they deserve. The initial offer they make is often much lower than what you’re entitled to, and they may try to manipulate the situation to avoid paying out what you are owed. It’s essential to have a dedicated legal team on your side who will advocate for your best interests and fight against the insurance company’s tactics. Relying solely on the insurance company without legal guidance could lead to a disappointing outcome.
A Wrongful Death Case Will Take Years to Resolve
Another myth that often discourages people from pursuing a wrongful death case is the belief that it will take years to get a resolution. While some cases can take time, many wrongful death cases are settled much sooner than most people expect. The timeline for your case will depend on the specific details of your situation, the complexity of the case, and whether the responsible party is willing to negotiate. In many cases, wrongful death lawsuits are resolved in a matter of months, particularly if the responsible party admits fault and is willing to settle out of court. If your case does go to trial, it may take longer, but the majority of wrongful death cases don’t have to drag on for years.
After a car accident, I contacted David May at the Lagrange office. He, and his staff, helped me with medical advice and follow up doctors visits, along with dealing with my insurance and the insurance of the woman that hit me. I have been very pleased with the service I received from David May and the Lagrange staff. They are warm and open, always there to help with advice and answer questions.”
- Debau
I highly recommend Adam Princenthal .I was looking for someone with years of experience in personal injury.They needed to be knowledgeable, transparent and honest.I wanted to know I was dealing directly with the lawyer I hired.Adam Princenthal could answer all the difficult questions and phone calls were returned.Adam got the settlement I was looking for in a timely manner."
- Nancy K.
I am glad that I was referred to Princenthal & May. Matthew met with me and gained my trust with the case. I was never left in the dark on any matters, My phone calls were either answered or returned quickly. The office staff are very friendly as well. My case was settled, with both Matthew and Adam present. Both are very professional in their work.. They work for you !!!"
- Jacque Minor
You Can’t Recover for Emotional Pain and Suffering
Some people mistakenly believe that in a wrongful death case, you can’t recover for the emotional pain and suffering caused by the loss of a loved one. While it’s true that Georgia law typically doesn’t allow for damages based solely on grief, emotional pain, or mental anguish in a wrongful death lawsuit, there are other ways in which emotional harm is taken into account. For example, surviving family members may be able to receive compensation for the loss of companionship, guidance, and support that the deceased would have provided. The law in Georgia recognizes the deep emotional impact of a wrongful death, even though it doesn’t directly compensate for grief. It’s crucial to have an attorney who understands how to build a case that reflects all of the damages, both financial and emotional, that you and your family have suffered.
The Person at Fault Will Face Criminal Charges in Every Wrongful Death Case
Many people assume that in every wrongful death case, the responsible party will also face criminal charges. However, criminal charges and a wrongful death lawsuit are two separate legal processes. While a wrongful death lawsuit is a civil case, criminal charges are part of the criminal justice system, and it’s up to the state to determine whether criminal charges should be filed. In some cases, the responsible party may face both a wrongful death lawsuit and criminal charges. However, there are many instances where the responsible party may not face criminal charges, even if they are found liable in a civil lawsuit. This can be frustrating, but it’s important to focus on the civil case and the potential for financial compensation, which can help with medical bills, funeral costs, lost wages, and more.
If You File a Lawsuit, It Means You Will Have to Go to Court
A common misconception about wrongful death cases is that if you file a lawsuit, you will inevitably have to go to trial. The truth is, the majority of wrongful death cases settle out of court. While it’s true that some cases do go to trial, most lawsuits are resolved through negotiations and settlements before a trial is necessary. This is especially true when both parties are able to agree on the amount of compensation that should be paid. The goal of a wrongful death lawsuit is to secure compensation for your loss, and this can often be achieved without the stress and public exposure of a trial. It’s important to have an attorney who can help you negotiate a fair settlement while also preparing your case in the event that it needs to go to trial.
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You Don’t Need an Attorney to File a Wrongful Death Lawsuit
One of the most dangerous myths is the idea that you don’t need an attorney to file a wrongful death lawsuit. While it is possible to file a lawsuit on your own, it’s highly discouraged. The process is complex and requires knowledge of Georgia’s laws, rules, and procedures. Without an attorney, you risk making mistakes that could hurt your case or even cause it to be dismissed altogether. Hiring an attorney who understands the intricacies of wrongful death cases can significantly increase your chances of a successful outcome. They will know how to gather evidence, present your case effectively, and fight for the compensation you deserve.
If you’ve recently lost a loved one and believe that their death may have been caused by someone else’s negligence, it’s natural to feel a wide range of emotions. You may be unsure about what to do next, and that’s completely understandable. It’s important to know that you don’t have to go through this difficult process alone. At Princenthal, May & Wilson, LLC, we are committed to helping families like yours navigate the complex world of wrongful death lawsuits. We understand that no amount of money can bring back your loved one, but we are here to help you get the justice and compensation you deserve. Let us guide you through the process with compassion and dedication. If you need assistance with a wrongful death case, please don’t hesitate to contact our office today to discuss your situation. We are here to help.