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Managing the loss of a family member can be one of the most challenging experiences in a lifetime. The Wrongful Death Attorneys In Druid Hills, Georgia represent families that have lost a loved one in a wrongful death accident due to someone else's careless actions.
Holding the individual or parties responsible for a loved one's death may not heal the emotional suffering, but obtaining a good monetary recovery can ease the unexpected economic burdens.
With over 30 years of dedicated experience, the Brown Firm's Personal Injury Attorneys are experienced and have the knowledge needed to successfully build your wrongful death case and prove the loss of your loved one was due to negligent actions.
Connect with our Wrongful Death Trial Attorneys In Druid Hills, Georgia Today!
When Negligent Actions Causes The Loss Of A Family Member In Georgia
Georgia State Law defines a "wrongful death" as the death of a person that was caused by the "negligent, intentional, reckless, or criminal" act 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 prevented. By filing a wrongful death lawsuit with your attorney in Druid Hills, you are trying to obtain compensation from the at-fault party.
We hope you never have to experience the death of a loved one because of someone else's negligent actions. Wrongful Death cases are incredibly complex and are considerably different from many other personal injury lawsuits. Typically in a 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.
There are many complications when it comes to 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 is why it is important to seek professional legal help that has the experience and knowledge of your state's laws and regulations about your wrongful death suit.
When you lose 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 deceased" taken by the negligence of another. This claim is brought on behalf 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 deceased. It is instead for any expenses the Estate has incurred resulting from the injury and death, as well as pain and suffering. Damages that can be recovered in this claim may include medical expenses, conscious pain, suffering, funeral, and burial expenses.
The interpretation of the claims will vary depending on whether the deceased left a will, whether they were married, whether they had children, the amount and nature of the medical expenses, whether the deceased suffered before death.
How to File a Wrongful Death Claim within Georgia's Statute of Limitations
If you intend to take legal action after losing a family member in an accident, it is important that you act quickly. Keep in mind; it is not until the time of death, not the time 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 death. If the wrongful death claim is not filed within the two-year statute, the right to bring it is almost always lost.
If you have lost someone you love because of a wrongful death accident, one of our lawyers can help you file a claim.
Our attorneys will help you receive the compensation that is owed to you, whether you loved one's death was caused by:
Motor Vehicle Negligence or Recklessness (drunk driving car accidents)
Inadequate Safety by a Business Owner
A Work Site Accident
Truck Accidents
Motorcycle Accidents
Fires, explosions, and electrical injuries
Defective Premises
Poisoning
Moreover, other accidental death causes
You need an attorney who will preserve important evidence, conduct an investigation, gather necessary evidence, and testimony if you want to receive a positive outcome in your case.
Suing Negligent Persons, Companies, or Governmental Agencies
Wrongful death lawsuits involve many types of fatal accidents from simple car accidents, complicated medical malpractice, or product liability cases.
Persons, companies, and governmental agencies can be found legally responsible for acting negligently and for acting intentionally.
Georgia wrongful death law sets up a hierarchy of relatives who have the standing to sue for the death 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 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 brings the claim, any damages collected are held by the estate for the benefit of the deceased person's relatives.
To file a lawsuit, a family member or heir must first be appointed the personal representative of the estate or descendant.
This method is done through the probate court in the county where the descendant last resided or had property. Alternatively, the estate can be opened in the county the death occurred, or the lawsuit will be filed.
We understand the difficulty of pursuing a wrongful death lawsuit, so do not attempt to file your claim alone. The Brown Firm handles the probate process from start to finish when you choose to file a wrongful death lawsuit. Hiring an experienced attorney to represent you is critical to the outcome of your case.
Compensating Family Members for Emotional and Financial Loss
Wrongful Death Settlements include compensation paid for non-economic and economic losses. Some of those losses are monetary while other losses are emotional, such as the loss of the deceased’s love and companionship.
There are no written guidelines for defining the amount in compensation for non-economic wrongful death claims. In the situation that the case would go to trial, a jury would be responsible for deciding the monetary value of the claim. 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
Compensation is also owed to the family for economic losses caused by the death of a loved one.
This includes:
Loss of earnings( the past, present, and future)
Loss of financial support
Loss of work benefits (health insurance, pension)
Funeral expenses
It is not uncommon for an economist to place a financial 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 to the settlement amount.
Get The Justice Your Family Deserves: Connect With Our Experienced Druid Hills Wrongful Death Lawyers
If you have lost someone you love due to the indifference of someone else, you may be entitled to receive payment for their wrongful death.
Our Druid Hills Personal Injury Lawyers are committed to helping you with your personal injury case.
We believe that each client has specific goals and needs. Our superior customer service is backed by a staff that truly cares about you, and a team of attorneys who have the appreciation, understanding and compassion for your specific case circumstances and financial position.
At The Brown Firm, our Georgia accident injury attorneys have many years of experience advocating on behalf of the families who lost someone dear to them due to wrongful death. We are dedicated to helping you recover the compensation that you deserve during this tragic time.
Contact our trusted Wrongful Death Lawyers in Druid Hills, Georgia Today for a Free Consultation!
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