Wrongful Death Lawyer Lithonia, GA

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Need to Hire a Wrongful Death Attorney in Lithonia, GA?

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.

 Lithonia, GA Wrongful Death Accident Attorney

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.  

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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: 

  1. 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.   
  2. 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. 
     Wrongful Death Trial Attorney In Lithonia, GA

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! 

Wrongful Death Lawyers

 

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What Makes The Brown Firm Different 

Chiropractor And Lawyer

Harry understands client injuries like only a treating medical provider can. This experience has provided him with first-hand knowledge in effective case evaluation and handling of personal injury claims.

Customer Service

Our superior customer service is backed by a staff that truly cares about you, and an attorney who has the gratitude, understanding and compassion for your specific circumstances.

It is this unique customer service approach that sets us apart from other Personal Injury firms

Risk-Free, we don't get paid unless you get paid! 

That's right! Call today, we offer a free consultation and work on a Contingency Fee Basis! This means we represent clients at no charge unless they win their case.
Once we win the Lawsuit for our client, we then take a small percentage of the settlement amount for our legal fees. 
So, calling is RISK FREE! 

Client Testimonials

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Truly Amazing Firm

The Brown Firm is truly amazing and I have nothing but RESPECT for them all. I've never been in an accident so I didn't know where to have my expectations, Peter was awesome and reassure me that we had a winning case. When you have a team of attorneys who is working to make sure you get everything you deserve that is beyond fantastic. I am truly blessed to have had The Brown Firm representing me in my case. I recommended everyone to call them, you won't be disappointed I promise you that.

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I Would Give 10 Stars if I Could!

The Brown Firm is an outstanding and incomparable establishment. The tact and caring nature of my Attorney and Case Manager made the case run very smoothly. They will fight for you from beginning to end paying attention to every detail of your case. If I could give 10 stars I would. Thank you again Brown Firm, for your dedication and hard work to your clients.

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Exceeded All My Expectations

Really nice and caring people, kept me updated throughout the entire process. This was my first time need a lawyer and the exceeded all my expectations. Would definitely recommend.

Frequently Asked Questions About Wrongful Death Cases

What is a Wrongful Death?

If an individual is killed because of wrongful conduct, the family of the victim and the other beneficiaries may be able to file a wrongful death action against the person or the people who are responsible for the incident.

This Tort Law is governed by the statute. But the wrongful death statutes differ from every state. Here is the link to Georgia's CodeBut generally, this will define who may sue for wrongful death and if there are any limits applied to the damages. 

Even before, the wrongful death statutes were created to provide the needed financial support for the widows and orphans and also to motivate people to exercise extra care to prevent injuries.

A wrongful death action is separate and very different from criminal charges. And neither of these two proceedings affects or controls the other. This only means that the defendant acquitted of murder can still be sued by the victim’s family in a civil action for wrongful death.

Wrongful Death: When Is It Applicable?

A wrongful death claim is only applicable when a victim who was supposed to file a personal injury claim is killed because of the negligence of the person at fault or it can because of an intentional act.

Here are the situations that wrongful death can be applicable.

  • The victim is intentionally killed.
  • The victim dies because of medical malpractice. If for example, a doctor fails to diagnose a condition and if the doctor was too careless in providing care and results to death, it is considered as a wrongful act and can be taken against the doctor.
  • Vehicular accident death because of negligence. When a victim dies because of car accident injuries, a wrongful death claim is applicable.

 How Much Does a Wrongful Death Lawyer Cost?

Hiring a Wrongful Death Attorney will not cost you any upfront legal fees, because they work on what is called a Contingency Fee Basis, and also provide a Free Consultation.

A Contingency Fee Basis means that you do not pay any legal fees upfront, and your attorneys only collect a fee in the form of a small percentage of your final settlement.

Working on a Contingency Fee Basis is very beneficial to Personal Injury Victims because they can rest assured knowing that their attorney will do everything in their power to maximize their settlement for them.

Who Is Entitled To Compensation Following A Wrongful Death??

Individuals entitled to wrongful death compensation will depend on the state statute.

There are statutes that provide for the recovery by the surviving spouse, or next of kin, or maybe the children. There are some states that allow a surviving spouse to take action even when they are separated unless the spouse is proven guilty of desertion or maybe the spouse did not provide support.

There are some instances that the children will file a lawsuit for the wrongful death of their parents. And parents will also be able to file a lawsuit for the wrongful death of their children. There are some states that only minor children will be allowed to sue the one responsible for the wrongful death of their parents. And there are some state statutes that will not allow the parents to file a suit for an adult child who is already financially independent or married.

What Must Be PROVEN When Filing A Wrongful Death Lawsuit?

For the defendant to be liable for the wrongful death claim, the plaintiff should be able to meet the proof required. Here is an article that talks about evidence.

This will be the same proof that the deceased victim would have provided if he or she lived.

By using “negligence” against the defendant, this goes to show that the defendant needs to provide the victim with their deserved care.

This also means that the defendant did not meet his required duties where these duties were the cause of the death of the victim. This also means that the death of the victim caused the damages which the plaintiff now in trying to recover.

What is Considered For The Computation of Wrongful Death Damages?

There are certain factors to be considered when determining the amount of the damages for the wrongful death. In order to compute the compensation, the salary of the decedent that he or she could have earned will be multiplied to the number of years of the possible number of years that the decedent could have lived but will also be adjusted with inflation.

There are actual tables used as a guide for the average life expectancy depending on age and gender. The health status, as well as the nature of his or her work, will also be taken into consideration by the jury.

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