Wrongful Death Lawyer
HOW THE BROWN FIRM WRONGFUL DEATH LAWYERS CAN HELP YOU IN YOUR TIME OF NEED
We hope you never have to experience the death of a loved one due to the negligence of another.
Wrongful Death cases can be very complex, and are substantially different from other personal injury cases.
In a typical 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 for the recovery of damages.
If you have lost a loved in a fatal accident, a Wrongful Death Attorney from The Brown Firm can help you navigate the many steps involved in filing a claim and seeking compensation for loss of future income, pain and suffering, and expenses. Contact us if you are seeking compensation for a death caused by:
Negligence or recklessness of a car or truck driver.
A business owner failing to provide adequate safety and security.
A construction or worksite accident.
Taking 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 as soon as possible.
If you have lost someone you love 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:
Motor Vehicle Negligence or Recklessness
Inadequate Safety by a Business Owner
A Work Site Accident
Truck Accidents
Fires, explosions, and electrical injuries
Defective Premises
Poisoning
And other accidental death causes
You need an attorney who will help preserve evidence, conduct a thorough investigation, and gather evidence and testimony to increase your chances of a positive case outcome.
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.
Who Can File a Wrongful Death Claim?
Wrongful Death only occurs when the loss of life is due to the negligent actions of someone else. When you file a wrongful death lawsuit with one of our attorneys, you are trying to obtain compensation from the at-fault party.
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.
WHY HIRE AN EXPERIENCED WRONGFUL DEATH LAWYER?
If you intend to take legal action after losing a family member in an accident, it is important that you act quickly.
The insurance company representing the negligent party will take the case very seriously, and will begin its investigation immediately.
You need an experienced attorney who will help preserve important evidence, conduct your investigation, and gather all evidence and testimony available to increase your chances of a positive case outcome.
Contact a Wrongful Death Lawyer from The Brown Firm in Savannah, Atlanta, or Athens, GA or Okaite, SC, who can help you pursue the compensation your family deserves after suffering the wrongful death of a loved one.
Frequently Asked Questions about Wrongful Death
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. But 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.
Does the Death Have to be a Result of an Intentional Action?
Wrongful Deaths May Be INTENTIONAL or UNINTENTIONAL.
These actions cause injury which results in death. For example, a blow to the head during an argument which will later result in the death of the person is a type of injury that is intentionally caused.
Another example is when the driver of a car unintentionally causes the death of another person in an accident can be sued for negligence. And if a person who violates the local law neglects to enclose a swimming pool which causes an accident of a child can be held responsible for his actions.
You must remember that the wrongful death statutes do not apply to unborn fetus since the individual has no legal status until he is born alive. But an exemption is, when an infant is born alive and later on passes away because of the injury caused before he is born, this can lead to wrongful death.
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.
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.
When is a Wrongful Death Claim Applicable?
A wrongful death claim in 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 the car accident injuries, a wrongful death claim is applicable.
How do you Prove “Negligence” In a Wrongful Death Case?
Usually, the damages that are made incurred in a wrongful death case is different from the other standard negligence case. Still, the plaintiff should be able to prove this in the lawsuit.
The things that needed proof will be duty, breach of duty and also the causes and damages.
For example: Let's say, the defendant was driving negligently when the incident happened which resulted in the death of the decedent.
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