When you have lost a beloved family member in a Wrongful Death Accident, there is nothing that can mask the pain and hurt you are left with.
This sort of loss is unique in every possible way. It can potentially affect every aspect of ones life ranging from emotional distress, to financial burdens, to an overall loss of security. It also gives a tremendous amount of pain and suffering to the surviving parties.
However, it is unique from a judicial perspective as well. There are many elements that need to be accounted for in a wrongful death case that other lawsuits do not need to consider.
The grieving process and feelings of emptiness can become overwhelming especially when you have the stress of unexpected bills and costs piling on top of everything else you are struggling to handle.
A Wrongful Death Attorney from The Brown Firm Atlanta would be devoted to helping you find the security you need during these difficult times.
A wrongful death claim can not only help bring justice to your family but can give you some emotional strength and comfort as well.
At The Brown Firm, our lawyers have many years of experience helping families who lost someone dear to them due to a wrongful death in Georgia.
We are committed to helping you receive the proper compensation that you deserve during this tragic time.
If your wrongful death accident was because of medical negligence, please use this link to go to our Atlanta Medical Malpractice Lawyers.
With over 30 years of dedicated experience, our Attorneys in Atlanta represent victims of negligence and would like to help you during this difficult time.
What You Should Know About an Atlanta Wrongful Death Lawsuit
It is very important that one first understand what a Wrongful Death case consists of. Wrongful Death only occurs when the loss of life is due to the negligent actions of someone else. There has to be someone at fault during a Wrongful Death suit.
Filing a Georgia wrongful death lawsuit with our attorneys in Atlanta, you are trying to obtain compensation from the party at fault.
We hope you never experience the death of someone you love due to the negligence of someone else. However, if you find that such an unthinkable occurrence has happened in your family, the Brown Firm is committed to getting you the justice that you rightfully deserve.
Wrongful Death cases are extremely complex and different from other personal injury cases. That is why it is necessary to find a representative that is qualified in such cases, and that you can trust.
In a common 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 to recover damages.
When you have lost a family member 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 the part 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 expired but instead any expenses the Estate has acquired resulting from the injury and death, as well as pain and suffering. Damages that may be recovered in this claim include medical expenses, funeral and burial expenses, and conscious pain and suffering endured by the deceased before death.
Like many other problems, you can only receive help when you are willing to ask for it. It is imperative that you recognize when you have a wrongful death suit and reach out to a qualified law professional.
Keep in mind: 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 mortality. If the wrongful death claim is not filed within the two-year statute, the right to bring it is almost always lost. These stipulations are specific to our practice areas in the state of Georgia, and may differ in other locations.
How To Take Legal Action After A Wrongful Death Accident
If it is your intention to take legal action after losing a family member in an accident, it is critical to act promptly. File your claim as soon as possible. The insurance company representing the negligent party will take the case seriously, and begin an investigation quickly.
If you have lost a loved one in a wrongful death accident, one of our experienced attorneys can help you navigate the steps involved with filing a claim and seeking compensation.
Our attorneys can help if you are seeking compensation fora wrongful death that was caused by:
- Motor Vehicle Negligence or Recklessness
- Inadequate Safety by a Business Owner
- A Work Site Accident
- Truck Accidents
- Fires, explosions, and electrical injuries
- Defective Premises or Slip and Falls
- Moreover, other accidental death causes
As in any judicial experience, it is critical that you have the right representation for your case. However, simply finding an attorney that works with the nature of your suit is not always enough. It is important to do adequate research and find a lawyer that you feel you can trust and is qualified to bring you the justice that you deserve.
You need a wrongful death attorney who will help preserve evidence, conduct the investigation, and gather evidence and testimony to increase your chances of a positive case outcome.
Under Georgia Law Relatives Can Receive Compensation After The Death Of a Loved One
Georgia wrongful death lawsuits only allow a select few people to receive compensation. Georgia law sets up a hierarchy of relatives who have the standing to sue due to the wrongful 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 the first right to file a wrongful death suit against the negligent party. However, if they are survived by a spouse and children, then the spouse must file on behalf of themselves 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 and split the damages.
- 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 forward
- The Executor of the Deceased's Estate, if none of the above has survived, then the estate has the wrongful death claim and is a kin to probate.
These stipulations apply to all of The Brown Firms practice areas in the state of Georgia.
Remember, punitive damages do not often apply to wrongful death lawsuits. Punitive lawsuits are intended to punish the perpetrator for their crimes. It is believed that the ruling of a wrongful death and its resulting punishment will adequately punish the guilty party without an additional punitive damages claim. It is possible to go to court for punitive damages but it is not typically seen with a wrongful death claim.
As stated previously, Atlanta wrongful death cases are unique amongst legal procedures. There are many nuances that exclusively apply to these types of cases that do not often overlap with others. That is why it is so important to find a representative that you feel is qualified and that you can trust.
Our Atlanta Personal Injury Law Firm knows better than anyone that it is complicated to pursue a wrongful death lawsuit. That is why we hold the highest respect for such cases and proceed with great care to ensure that appropriate actions have been made.
Hiring professional legal representation is crucial to the outcome of your case and the level of damages awarded to the survivors.
Choosing An Experienced Wrongful Death Lawyer In Atlanta, GA
If you have lost a loved one because of someone else's negligence, you may have a wrongful death case. Please contact us to find out how our attorneys can help.
Our Atlanta personal injury lawyers are committed to assisting with your fatal injury case.
The Brown Firm offers a Free Consultation to see how we can best represent you. Click on the link below to contact us and speak with an Atlanta Wrongful Death Attorney at the Brown Firm.