Experiencing the death of a loved one is never easy, especially if it could have been prevented.
Our Wrongful Death Attorney's in Alpharetta, Georgia represent families that have lost a loved one in a wrongful death accident due to someone else's careless actions.
Holding the individual or parties responsible for a loved one's death may not heal the emotional suffering, but obtaining a good monetary recovery can ease the unexpected economic burdens.
With over 30 years of dedicated experience,The Brown Firm can help your family find closure and gain financial compensation to which your family rightfully deserves.
Our Personal Injury Law Firm has many years of experience advocating on behalf of the families who lost someone dear to them due to wrongful death.
Our team is committed to helping you recover the compensation that you deserve during this tragic time.
Common Wrongful Death Accidents
Our attorneys will help you receive the compensation that is owed to you, whether you loved one's death was caused by:
- Motor Vehicle Negligence or Recklessness (drunk driving car accidents)
- Inadequate Safety by a Business Owner
- A Work Site Accident
- Truck Accidents
- Fires, explosions, and electrical injuries
- Defective Premises
- Motorcycle Accidents
- And other accidental death causes
You need an attorney who will preserve important evidence, conduct an investigation, gather necessary evidence, and testimony if you want to receive a positive outcome in your case.
Wrongful Death Claim In Alpharetta Georgia
Georgia State Law defines a "wrongful death" as the death of a person that was caused by the "negligent, intentional, reckless, or criminal" act of another person or entity. Wrongful Death only occurs when the loss of life is due to the negligent actions of another person, which could have been prevented.
By filing a wrongful death lawsuit with your attorney in Alpharetta, you are trying to obtain compensation from the at-fault party.
We hope you never have to experience the death of a loved one because of someone else's negligent actions. Wrongful Death cases are incredibly complex and are considerably different from many other personal injury lawsuits.
Typically in a personal injury case, the victim files the claim against the responsible party. In a wrongful death case, the family or estate must file the claim for the recovery of damages.
When you lose a loved one due to the negligence of another, Georgia recognizes two separate and unique types of wrongful death claims:
- The Wrongful Death Claim- In Georgia, this traditional claim is to establish the "full value of the life of the deceased" taken by the negligence of another. This claim is brought on behalf of the surviving family members of the deceased person, it includes monetary damages, such as lost wages and benefits or loss of care, companionship, and other intangible benefits.
- The Estate Claim- This claim can only be brought forth by the estate and it is not for the value of the life of the deceased. It is instead for any expenses the Estate has incurred resulting from the injury and death, as well as pain and suffering. Damages that may be recovered in this claim may include medical expenses, conscious pain, suffering, funeral, and burial expenses.
The interpretation of the claims will vary depending on whether the deceased left a will, whether theywere married, whether they had children, the amount and nature of the medical expenses, whether the deceased suffered before death.
The Statute of Limitations limits the time survivors, or personal representative has to bring a wrongful death suit to court. In almost all cases, the claim must be filed within two years of the date of death. If the wrongful death claim is not filed within the two-year statute, the right to bring it is almost always lost.
There are many difficulties when it comes to filing a wrongful death claim, and the process can be quite confusing for loved ones. There are even unique challenges and areas for error for seasoned trial lawyers.
That's why it's important to seek an Alpharetta wrongful death lawyer that has the experience and knowledge of your state's laws and regulations about your wrongful death suit.
Who May Sue for Wrongful Death or File a Survivorship Claim?
Georgia wrongful death law sets up a hierarchy of relatives who have the standing to sue for the death of a loved one. The hierarchy as follows:
- Spouse of the Deceased, If your loved one is survived by a spouse, then the spouse has a right to file a wrongful death suit. However, if your loved one is survived by spouse and children, then the spouse must file on behalf of himself or herself and then the children. The spouse and the children then split the compensation and awarded damages, 1/3 to the spouse and the rest split amongst the children
- Children of the Deceased, If your loved one was not survived by a spouse, then the children of the deceased have the right to file a wrongful death claim.
- Parents of the Deceased, if your loved one was not survived by a spouse your children, then the surviving parent has the right to bring a wrongful death lawsuit.
- The Executor of the Deceased's Estate, if none of the above has survived, then the estate has the wrongful death claim.
If the executor or personal representative brings the claim, any damages collected are held by the estate for the benefit of the deceased person's relatives.
To file a lawsuit, a family member or heir must first be appointed the personal representative of theestate or descendant.
This process is done through the probate court in the county where the descendant last resided or had property. Or the estate can be opened in the county the death occurred, or the lawsuit will be filed.
We understand the difficulty of pursuing a wrongful death lawsuit, so do not attempt to file your claim alone. The Brown Firm handles the probate process from start to finish when you choose to file a wrongful death lawsuit. Hiring an experienced attorney to represent you is critical to the outcome of your case.
Compensating Survivors for Non-Economic and Economic Losses
Wrongful Death Settlements include compensation paid for non-economic and economic losses. Some of those deficits are financial while other losses are innate, such as the loss of the deceased’s love and companionship.
There are no written guidelines for defining the amount in compensation for non-economic wrongful death claims. In the situation that the case would go to trial, a jury would be responsible for deciding the monetary value of the claim. Non-economic losses include:
- The loss of emotional support
- Moral support
- Pain and Suffering from the time of the injury through the date of death
Compensation is also owed to the family for economic losses caused by the death of a loved one.
- Loss of earnings( the past, present, and future)
- Loss of financial support
- Loss of work benefits (health insurance, pension)
- Funeral expenses
It's not uncommon for an economist to place a financial value on the loss of household services that the descendant would have provided to the family if not for the death. This type of claim would be added into the settlement amount.
Best Wrongful Death Lawyers In Alpharetta, Georgia
If you have lost someone you love due to the indifference of someone else, you may be entitled to receive payment for their wrongful death.
Our Alpharetta Personal Injury Lawyers are committed to helping you with your personal injury case.
Our superior customer service is backed by a staff that truly cares about you, and a team of attorneys who have the appreciation, understanding, and compassion for your specific case circumstances and financial position.
Contact our trusted Wrongful Death Lawyers in Alpharetta, Georgia Today!