Maximizing Recovery With Limited Resources in Wrongful Death Cases

Georgia Wrongful Death Attorney

Atlanta personal injury lawyer Stephen M. Ozcomert is dedicated to helping surviving family members maximize their recovery of damages after a wrongful death. For over 20 years, we have asserted the rights of innocent victims whose tragic loss is compounded by crushing financial debt in the form of medical bills and other expenses. Honored as one of Georgia’s “Super Lawyers,” and as a member of the “Legal Elite,” Mr. Ozcomert is committed to helping families with limited resources recover compensation in the event of a wrongful death accident.

Struggling to Make Ends Meet in the Face of Tragedy

Today, most “double-income” families still struggle to get by. Even with two wage earners, household bills seem to pile up while savings do not. When a fatal accident claims the life of a loved one, the financial losses can be almost as devastating as the emotional ones. Whether the decedent is the primary breadwinner or sole caregiver, medical expenses alone can bankrupt a family. Losses that severely overstretch budgets often involve:

  • Lost wages
  • Funeral costs
  • Future income
  • Loss of services
  • Medical expenses
  • Pain and suffering
  • Loss of relationship
  • Lost health insurance
  • Pension and retirement
  • Lost or damaged property
  • Death or survivor benefits

Few insurance policies are sufficient to cover financial debts incurred over time. Insurers may even deduct medical expenses, eating up a settlement. Georgia law also allows the use of liens to recover amounts paid to treat a personal injury leading up to the death. Surviving family members must then juggle multiple losses and debt that can quickly consume all financial assets. Atlanta accidental death attorney Stephen M. Ozcomert can help you maximize the recovery of damages to provide the compensation you deserve.

Maximizing Recovery

Knowing the legal landscape of wrongful death remedies is critical to obtaining relief. Insurance companies, federal providers, and workers’ compensation all have different rules governing recovery. Although reluctant to accept liability and provide benefits, insurers aggressively pursue reimbursement for outstanding claims. Many factors can influence the resulting recovery, including:

  • Coverage
  • Policy limit
  • Credit history
  • Potential assets
  • Proof of liability
  • Medical provider
  • Multiple adjusters
  • Eligibility disputes
  • Conditional clauses
  • Non-economic harm
  • Waivers, deductibles

Successfully navigating among multiple parties and legal disputes is critical to maximizing recovery. Many families never recover even a fraction of the compensation to which they are entitled because they are duped by insurers. By timely submitting evidence, negotiating with insurers, and bringing a wrongful death claim, the help of an experienced attorney can dramatically increase your recovery.

Proving Liability

The Official Code of Georgia Annotated (OCGA) §51-4-1 allows surviving spouses or children to recover the “full value” of the decedent’s lost life in wrongful death cases. But Georgia law places the burden of proof on the wrongful death claimant. This requires providing various types of evidence, including information pertaining to:

  • Documented bills
  • Legal guardianship
  • Adoption of children
  • Biological relationship
  • Continued child custody
  • Negligence causing death
  • Decedent’s future earnings
  • Present and future expenses
  • Death caused by negligence

OCGA §9-3-33 limits the time families have to demonstrate lost wages, medical expenses, and insurance bills. Effectively proving multiple claims of liability while protecting the family’s assets requires legal counsel in most cases. Because our legal fees depend upon the success of your claim, meaning you do not pay us unless you are awarded damages or a settlement, you can still maximize your recovery with limited resources.

Protect Your Family

If you have lost a family member due to someone else’s negligence, Atlanta wrongful death attorney Stephen M. Ozcomert can help. With over 20 years of experience, we know how prove negligent causes of wrongful death at no up-front cost to you. Rather than risking your family’s future by trying to play lawyer, let a dedicated representative deal with the legal hurdles and improve your chances of relief. Once legal counsel becomes involved, reluctant insurers and opposing parties take your claim more seriously. Maximize your recovery with limited means by paying nothing unless we obtain a successful verdict or settlement for you. Call (404) 370-1000 for a free consultation or contact us online.