Have you grieved the loss of a loved one that could have been prevented? When a family member passes too soon due to the careless and reckless actions of another, you may have a valid wrongful death lawsuit.
Our experienced Wrongful Death Attorneys in McDonough, Georgia can help you seek the compensation and justice you deserve after the passing of a family member.
Our excellent customer service is reinforced by a staff that cares about you, and a team of lawyers who have the appreciation, understanding, and empathy for your particular circumstances.
With over 30 years of dedicated experience, The Brown Firm has a team of specialists and experts tirelessly working on your case making sure each client is given the attention and dedication needed to try and reclaim their life.
Connect with a McDonough Wrongful Death Lawyer For Legal Help Today
Common Wrongful Death Accidents Our Personal Injury Law Firm Handles:
We hope you never have to encounter the death of a loved one due to the carelessness of another.
Wrongful death claims involve all sorts of deadly accidents from minor automobile accidents to complex medical malpractice or product liability cases. Persons, companies, and governmental agencies may be liable for acting recklessly and for acting intentionally.
Georgia State Law defines a "wrongful death" as the death of one person caused
by the "careless, heedless, purposeful, or criminal" acts 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 averted.
Wrongful Death Claim VS. Estate Claim
When you have lost 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 departed" taken by the delinquency 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 purpose 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 suffered by the deceased before death.
Keep in mind; it isn't until the time of death, not the date of injury when it will be determined who has the claim and the right to file a lawsuit.
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.
Since there are obvious legal regulations and time deadlines involved in Georgia Wrongful Death Law; hiring a McDonough personal injury law firm will increase your chances of achieving a winning outcome to your case and the compensation needed to cover unexpected costs.
Wrongful Death Settlement
Wrongful Death Claims allow the estate of the dead person to file a lawsuit against the negligent party legally liable for the death. The suit is filed by the representative of the estate, on behalf of surviving family members and other affected parties.
Wrongful Death Settlements include financial compensation paid for both non-economic and economic losses. Some of those losses are financial while other losses are innate, such as the loss of the deceased’s love and companionship.
There are no written rules for deciding the compensation amount for non-economic wrongful death claims. In the situation that the case would go to trial, a jury would be responsible for determining the monetary value of the allegation.
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
Economic Losses Include:
- Loss of earnings( the past, present, and future)
- Loss of financial support
- Loss of work benefits (health insurance, pension)
- Funeral expenses
Additionally, It's not uncommon for an economist to place a monetary 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.
Who Can Legally Sue for Wrongful Death Of A Loved One?
Wrongful Death cases can be very involved and are substantially diverse from other personal injury claims.
In a typical personal injury claim, the victim brings forth a claim against the guilty party. In a wrongful death case, the survivors or estate must file the claim for the recovery of damages.
Georgia wrongful death 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 shared 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 files a wrongful death claim, any damages recovered are held by the estate for the benefit of the deceased person's next of kin.
To file a lawsuit, a family member or heir must first be appointed the personal representative of the estate 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 know better than anyone that it can be difficult to pursue a wrongful death lawsuit, so do not attempt to file your claim alone.
Our Georgia Personal Injury Law Firm handles the probate process from start to finish when you choose to file a wrongful death lawsuit. Hiring experienced representation is critical to the outcome of your case because we have successfully handled many similar cases before.
Connect With The Best Wrongful Death Lawyers In McDonough Georgia
Our personal injury attorneys represent those who have fallen victim to another person's negligent or intentional actions.
There are complications with 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 professional legal help that has the experience and knowledge of your state's laws and regulations about your wrongful death suit.
You need a skilled attorney who will help preserve relevant evidence, organize your investigation, and assemble all evidence and testimony available to increase your chances of a positive case outcome.
At The Brown Firm, we offer a Free Consultation to see how we can best assist with your specific needs.
Contact our McDonough, Georgia Wrongful Death Attorneys for trusted and quality legal representation today!