Wrongful Death Lawyer McDonough, GA

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Hiring a Wrongful Death Attorney in McDonough

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. 

Lawyer explaining wrongful death lawsuit to family

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

  1. 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.   
  2. 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 Trial Attorney In McDonough, Ga

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
  • Comfort
  • Companionship
  • Society
  • Moral support
  • Consortium 
  • 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:  

  1. 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 
  2. 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. 
  3. 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. 
  4. 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. 

 Family grieves loss of loved one after an accident in McDonough, GA

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!

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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.

attorney after a fatal accident

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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compensation for a loved one who died in an accident

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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