Dunwoody Personal Injury Lawyer
About 50,000 people make their home in Dunwoody, Georgia, living, working and raising their families here. Unfortunately, injuries can happen at any time, whether due to a car accident on the road, a slip and fall in a store, an incompetent surgeon or an abusive nursing home worker.
When an injury occurs because of someone else’s negligence or wrongful actions, the injured victim has what is known as a personal injury claim. This claim most often involves negotiating a settlement with the insurance company and sometimes requires filing a lawsuit or even going to trial. At Hawkins Spizman, our Dunwoody personal injury lawyers have many years of experience representing people who have been hurt by another party. We are intimately familiar with the DeKalb County court system, and we know how to get you the compensation you deserve. If you’ve been hurt because of another’s negligence, call the Dunwoody personal injury lawyers at Hawkins Spizman today for a free case evaluation.
What Types of Personal Injury Cases Does Hawkins Spizman Handle?
At Hawkins Spizman, we take on a wide range of personal injury matters in Dunwoody and surrounding areas. These cases include:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Pedestrian Accidents
- Bicycle Accidents
- Scooter Accidents
- Uber and Lyft Rideshare Accidents
- Medical Malpractice
- Nursing Home Abuse and Neglect
- Premises Liability
What Is “Wrongful Death”?
Personal injury lawyers sometimes deal with cases where the injury victim did not survive the car accident, medical malpractice, or other negligence. In these instances, it is proper to bring a wrongful death claim. These types of cases are authorized in the Georgia Code in sections 51-4-1 through 51-4-5.
Wrongful death claims are different from personal injury claims in some important ways. In a personal injury claim, the injury victim will try to recover compensation for medical expenses, lost wages, pain and suffering, and other legal damages that stem from the injury. In a wrongful death case, the surviving family members or the representative of the deceased’s estate will bring the claim and recover a different set of damages.
For wrongful death, the plaintiff can recover compensation for the “full value of the life of the decedent, as shown by the evidence.” What this “full value of the life” is will be unique to each individual. While it may seem strange, awkward, and even impossible to put a value on a person’s life, the court is likely to accept evidence demonstrating a value based on factors like the following:
- The person’s age at the time of death
- Their life expectancy had they not been taken prematurely by another’s negligent actions
- The person’s earning capacity over the remainder of their life expectancy
- The person’s role in the family, such as the primary or secondary wage earner, the caregiver of the spouse or children, the manager of the household, a parent or spouse providing companionship, comfort and guidance to a spouse or children, etc.
Wrongful death claims can initially be brought by the spouse and/or children of the deceased. The spouse and children will share equally in any financial recovery, except that the spouse is guaranteed to receive at least one-third of the settlement or judgment, regardless of how many children there are.
If the deceased was a minor or an adult who did not leave behind a surviving spouse or children, the parents of the deceased can bring the wrongful death claim against the negligent party.
Finally, if the deceased did not leave a surviving spouse, child or parent, the administrator of the deceased’s estate is authorized to bring a wrongful death claim for the full value of the life of the deceased. Any recovery will be paid to the estate and distributed according to the will, trust or as per Georgia law. In every case, the estate administrator can also bring a claim for funeral expenses, burial expenses, final medical expenses and other necessary costs associated with the accident, injury and death.
Call Hawkins Spizman for Immediate Help With a Dunwoody Personal Injury Claim
Hawkins Spizman takes on many different types of accident and injury cases in Dunwoody, including those involving traumatic brain injuries, spinal injuries, soft tissue injuries, whiplash, broken bones, and wrongful death. If you or a loved one has been injured or worse in a Dunwoody car accident, slip and fall, or other case involving the negligence or misconduct of another, call Hawkins Spizman at 770-685-6400 for a free case evaluation. We’ll let you know if we think you have a claim and how we can help you get the care and compensation you need to deal with the injuries inflicted on you through no fault of your own.