Sandy Springs Wrongful Death Lawyer

Do you need an experienced lawyer in Sandy Springs to help you with a potential wrongful death case?

Losing a loved one in a wrongful death accident is extremely tragic and devastating experience. After losing a family member due to another person's negligence you may have a valid wrongful death lawsuit. Our expert Wrongful Death Attorneys in Sandy Springs, Georgia can help your family find closure and gain compensation survivors of the deceased are entitled too.

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.

With over 30 years of dedicated experience, the Brown Firm's Personal Injury Attorneys represent those who have fallen victim to another person's negligent actions and would like to help you through this tragic period.

WRONGFUL DEATH DEFINITION

Georgia State Law defines a "wrongful death" as the death of one person caused by the "negligent, reckless, intentional, 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 prevented. By filing a wrongful death lawsuit with your attorney in Sandy Springs, you are trying to obtain compensation from the party at fault.

We hope you never have to experience the death of a loved one due to the carelessness of another. 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 states 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:

1. 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.

2. 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 but instead any expenses the Estate has incurred deriving 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.

HOW TO TAKE LEGAL ACTION AFTER LOSING A LOVED ONE

If you plan to take legal action after losing a family member in an accident, it is crucial that you act fast. Keep in mind, it isn't 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 have 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.

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

The lawsuit is a legal document, called the Complaint, that is filed at the courthouse and sets forth the legal basis for the claim. This includes 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.

Damages That May be Recovered With the Loss of a Loved One

Wrongful Death Settlements include compensation paid for both non-economic and economic losses. Some of those losses are economical while other losses are emotional, such as the loss of the deceased’s love and partnership. There are no written rules for determining 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 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 passing of a loved one.

This includes the following:

• Loss of earnings( current and future)

• Funeral expenses

• Loss of financial support

• Loss of work benefits (health insurance, pension)

It's not uncommon for an economist to place 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 into the settlement amount.