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.
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.
Our Lithonia Wrongful Death Lawyers can help you find the security you need during these difficult times. A wrongful death lawsuit 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 Georgia Personal Injury lawyers have years of experience helping families who lost someone dear to them due to wrongful death in Georgia. We are committed to helping you receive the compensation that you deserve during this tragic time.
With over 30 years of dedicated experience, our Personal Injury Attorneys in Lithonia represent victims of negligence and would like to help you during this difficult time.
Georgia Wrongful Death Lawsuit
Wrongful Death only occurs when the loss of life is due to the negligent actions of someone else. Filing a wrongful death lawsuit with our attorneys in Lithonia, 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. Wrongful Death cases are extremely complex and different from other personal injury cases. 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.
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.
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. 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 for a death that was caused by:
You need an 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 May Receive Compensation After Losing A Family Member
Georgia wrongful death lawsuits only allow few people to receive compensation for the loss of a loved one. Georgia law sets up a hierarchy of relatives who have the standing to sue for the passing 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 or 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.
Our Georgia Personal Injury Law Firm knows better than anyone that it is complicated to pursue a wrongful death lawsuit. Hiring an experienced representation is crucial to the outcome of your case because we have successfully handled many similar cases before.
Choosing The Most Experienced Wrongful Death Lawyer In Lithonia, GA
If you have lost a loved one because of someone else's negligence, you may be entitled to receive compensation for their wrongful death. Our
Lithonia personal injury lawyers are committed to assisting with your personal injury case.
The Brown Firm offers a Free Consultation to see how we can best represent you. Click on the link below to speak with one of our Lithonia, Georgia Wrongful Death Attorneys!