Wrongful Death Lawyer Duluth

Losing a loved one to a preventable accident is a tragedy that no one should have to suffer. If your loved one died because of another person's carelessness or inaction, you can file a Wrongful Death Lawsuit against the responsible party.

Our Wrongful Death Attorneys in Duluth, Ga, have the skills and experience these sensitive and complicated cases require. Our Accident Lawyers are well-versed in wrongful death laws, legal deadlines for filing claims, and all of the components necessary to prove fault in wrongful death cases.

If you have lost your family member because of the wrongful acts of another in Duluth, GA, you may have a valid wrongful death lawsuit. The Brown Firm can help your family find closure and receive the financial compensation your family deserves.

With over 30 years of dedicated experience, the law office of The Brown Firm has Personal Injury Attorneys who are proud to represent those who have fallen victim to another person's negligent actions. It would be an honor to help you through this tragic situation.

Common Wrongful Death Accident Lawsuits:

If you have lost a loved one in a wrongful death accident, one of our expert lawyers can help you navigate the many steps involved in filing a claim and seeking compensation for loss of future income. You may seek compensation for pain and suffering and other expenses as well. Our lawyers are experienced helping families who have lost a loved one in the following types of accidents:

1. Motor Vehicle Negligence or Recklessness including Drunk Driving

2. Inadequate Safety by a Business Owner

3. A Work Site Accident

4. Truck Accidents

5. Fires, explosions, and electrical injuries

6. Defective Premises

7. Poisoning

8. Other Accidental Death Causes

You need an experienced attorney to increase your chances of a favorable case outcome by preserving important evidence, conducting your investigation, and gathering available testimonies.

How To File a Survivorship Claim?

Wrongful death claims involve all types of fatal accidents, from simple car accidents to complicated medical malpractice or product liability cases. Persons, companies, and governmental agencies can be found to be legally at fault for acting negligently or intentionally. Georgia wrongful death law sets up a hierarchy of relatives who have standing to sue for the death of a loved one. The hierarchy is as follows:

• Spouse of the Deceased - If a loved one lost to wrongful death has a spouse, then that spouse has a right to file a wrongful death suit. If the loved one is survived by a spouse and children, then the spouse must file on behalf of themselves and then the children. The spouse and the children split compensation. One-third of damages awarded goes to the spouse, and the rest is split between the children.
  

• Children of the Deceased - If your loved one was not survived by a spouse, then the deceased's children 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 a surviving parent has the right to bring a wrongful death lawsuit.
  

• The Executor of the Deceased's Estate - if none of the above survive the loved one, then the estate has the right to file a wrongful death claim. Any damages recovered are held by the estate to benefit the deceased person's next of kin.

To file a lawsuit, a family member or heir must first be appointed the estate or descendant's personal representative. This process is done through the county's probate court, where the descendant last resided or owned property. The estate can also be opened in the county the death occurred or where the lawsuit will be filed.

We know how complicated it can be to pursue wrongful death actions, so we recommend that you not attempt to file your claim on your own. When you choose to partner with The Brown Firm in Duluth, we will handle the probate process from start to finish. Hiring experienced legal representation is crucial to the outcome of your case. We know from experience.

The Court and Legal Processes Involved in Bringing Forth a Claim

The first step involved in filing a suit is to hire an experienced attorney who can investigate the facts and details of your wrongful death to determine if you have a valid suit. Once the attorney has decided that there is a valid case, the next step is for a personal representative appointed by the probate court to file the lawsuit on behalf of the deceased's estate or survivor.

The lawsuit is a legal document, called the Complaint, that is filed at the courthouse. This document sets forth the legal basis for the claim, including allegations of negligence or intentional acts that caused the death. The lawsuit also implores the various types of compensation allowed under the state's statutes and ordinance.

Wrongful Death Settlements In Duluth

Wrongful Death Settlements include compensation paid for both non-economic and economic losses. Some of those losses are financial, while other losses are emotional, such as losing the deceased’s love and companionship.

There are no written guidelines for determining the compensation amount for non-economic wrongful death claims. If the case went to trial, a jury would be responsible for deciding the claim's monetary value. Non-economic losses include:

1. Loss of Emotional Support

2. Loss of Comfort

3. Loss of Companionship

4. Loss to Society

5. Loss of Moral support

6. Consortium

7. 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 (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 also place a financial value on the loss of household services, such as care of children 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.