There is no greater pain than losing someone you love. While losing anyone can be painful, it can be more traumatic when their passing was caused by someone else’s negligence. As the family, you may be able to file a wrongful death claim. While no amount of money can replace a human life, it can give you and your family some sense of justice and relief.
Wrongful death claims can seek compensation for actual damages, such as medical bills, funeral costs, and loss of income. You may also recoup damages for pain and suffering caused to your family.
If you have lost a loved one due to the negligence of another, call the Law Office of Dwayne L. Brown today for a free consultation. Our legal team is standing by to assist your family in this tragic time. Our Atlanta personal injury lawyers can review your case and inform you of your legal options. We can manage your case from initial consultation to settlement agreement, giving you and your family the time you need to grieve in peace. Call today to get started.
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What Is a Wrongful Death?
In legal terms, preventable fatalities are referred to as wrongful death claims. Wrongful death cases are civil lawsuits that run separately from criminal charges. The objective of a wrongful death suit is to hold a person, company, or entity accountable for money damages for the negligent actions that resulted in a preventable death.
Types of Accidents That Could Result in Wrongful Death Lawsuits
Negligent actions that result in a wrongful death claim come in many forms. Some of the common types of accidents that have led to wrongful death lawsuits include:
- Auto and vehicle accidents
- Truck accidents
- Catastrophic injuries
- Construction and workplace accidents
- Nursing home neglect and abuse
- Premises liability
- Slip and falls
- Dog attacks
- Product liability or manufacturer defects
If you have lost a loved one in an accident caused by negligence, you and your family have rights. You can file a wrongful death claim to address the losses you have now and will experience in the years to come.
What Is Negligence?
Negligence is the failure to behave in a fashion that is consistent with acceptable standards ol norms and results in harm to another person. It is typically defined by four elements, each of which must be proved for a victim to collect compensation for their losses. Those four elements are:
- Duty of care: This is the responsibility that one party owes to another to prevent causing any harm.
- Breach of duty: When one party deviates from an accepted norm, either through their action or inaction, they have violated that responsibility. This is also referred to as the reasonable person principle. If a reasonable person of the same education and training was in the same position, would they do the same thing?
- Causation: Due to the other party’s decision, an accident results, and your loved one is killed.
- Damages: Your family now suffers financial and non-financial losses, which are legally referred to as damages.
Your wrongful death claim must show these four elements of negligence exist so that your family can receive compensation for the loss of your loved one.
Who Can File a Wrongful Death Claim in Atlanta?
Only certain people can file a wrongful death claim in Atlanta. Under O.C.G.A. § 51-4-2, the following family members can file:
- Spouse
- Children
- Parents
- Personal representative
We can review your wrongful death claim and help you file the appropriate paperwork with the insurance companies and the courts, if necessary.
Who Can Receive Compensation From a Wrongful Death Claim?
Additionally, those same individuals are the beneficiaries of any compensation awarded in a wrongful death clam. However, the surviving spouse is to receive a portion of the recovery, and the remaining amount is split amongst the rest of the family.
Compensation You Can Request in a Wrongful Death Claim
Wrongful death claims are meant to help the family after their loss. The damages you may claim are to help with the financial obligations placed on the family now that your loved one has passed. They are also to help you get the emotional recovery you need to move forward after this tragedy.
Your damages could include:
- Medical bills: The expenses the family incurred prior to your loved one’s passing. These medical expenses could include emergency room care, surgeries, and medications.
- Funeral and burial costs: Covering the cost of your loved one’s interment or cremation.
- Loss of financial support or contributions: For the loss of income while your loved one was hospitalized and any future lost income they would have provided to the family.
- Loss of consortium: Covering the hardships on the relationship between your loved one and their spouse or significant other.
- Loss of parental relationship: For the absence of guidance for the children left behind after their passing.
- Pain and suffering: Any physical pain and emotional distress the loved one experienced. This could also include any counseling family members may require.
Our wrongful death lawyers in the Atlanta, GA, community can review your claim and determine your family’s full range of losses. We can establish a fair settlement value for your claim and fight to obtain that for you.
Call us today for a free case review. Attorney Dwayne L. Brown has 30 years of experience helping families like yours. Learn about the services we can provide your family during this difficult time.
How the Law Office of Dwayne L. Brown Can Help Your Family
Our goal as your Atlanta wrongful death attorney is to get your family the compensation they deserve. We want to take the burden of the claims process off your shoulders and manage it for you. This is not a time to stress about deadlines and paperwork. We have the resources and knowledge to build a claim that meets your family’s needs, allowing you and your family the time they need to heal.
Initial Consultation
We start by offering all accident victims a free consultation. You can call our legal team and tell us your story. Our wrongful death attorneys can explain the strengths and merits of your case and your legal options. Our wrongful death lawyers can determine who can file your family’s wrongful death claim and start the claims process.
Investigation of the Wrongful Death Accident
Building your claim requires proving the four elements of negligence with evidence. Our investigators will collect such evidence as:
- Police report: Offering an unbiased third-party observation, these reports can provide details of the accident and an officer’s opinion on the party at fault.
- Medical records: These documents can help create a link between the accident and the injuries your loved one sustained.
- Photos and video: Photos can provide additional information on the circumstances in your wrongful death claim. Videos, if available, can present events before, during, and after the accident occurred.
- Eyewitness statements: These statements can help to corroborate events in the accident or establish new details previously unknown.
Of particular importance is expert testimony. Experts in the fields of medicine, finance,biomechanics, and accident reconstruction can be very influential in a wrongful death claim. They can reinforce the accident’s impact on your loved one and your family.
Dealing With the Insurance Companies
Once our wrongful death lawyers in Georgia have compiled your evidence, we can identify the party or parties liable for your loved one’s passing. In some instances, there may be more than one party. We will calculate your losses and file claims with all the liable parties. We will handle all communications with them and negotiate for the best possible settlement.
Represent You in Court
If our wrongful death attorneys in Georgia cannot reach a fair settlement agreement with the insurance companies, we will take your claim to court and argue your case there.
Answer Any Concerns and Questions
Plus, we make ourselves available to our clients. To us, the client and the lawyer are a team, and you can reach out to us at any time with your concerns and questions. We will address your concerns and answer your questions. You come first.
Wrongful Death Statute of Limitations in Georgia
Under O.C.G.A. § 9-3-33, families have two years to start legal proceedings on a wrongful death lawsuit. If you have lost a loved one and would like assistance pursuing compensation, we advise clients to contact us as soon as possible.
Getting us started early gives us the time to build your claim. It can also protect evidence from being lost or destroyed or witnesses’ memories fading.
More importantly, though, is if the deadline expires before you agree to a fair settlement value with the insurance companies, you may be barred from filing a lawsuit and pursuing compensation through the court system.
Call the Law Office of Dwayne L. Brown Today for a Free Case Evaluation
If you have lost a loved one to a preventable accident caused by negligence, you have our condolences. The Law Office of Dwayne L. Brown in Atlanta understands the pain and frustration that is caused by the loss of a loved one. A wrongful death claim can offer an option to recover funds to mitigate the financial burden of a loss and find some justice for a senseless tragedy.
Call our office today for a free consultation to discuss your case.
Atlanta Wrongful Death Claim FAQs
Who can sue for wrongful death in Atlanta?
In Atlanta, only specific family members can file a wrongful death claim under O.C.G.A. § 51-4-2, including the spouse, children, parents, or a personal representative of the estate. DLB Law can review your case and assist with filing the necessary paperwork with insurance companies and the courts if needed.
How much is the average wrongful death settlement in Atlanta?
The amount of a wrongful death settlement in Atlanta varies based on several factors, but compensation generally includes economic damages like medical expenses, funeral or burial costs, and lost income, as well as non-economic damages for pain and suffering and loss of companionship. Although rare, punitive damages may be awarded if the death resulted from extreme negligence or misconduct.
What is the difference between wrongful death and survival action?
In Atlanta, a wrongful death claim seeks compensation for the family members’ losses following a loved one’s death, such as loss of companionship and income. A survival action, on the other hand, allows the deceased’s estate to seek damages for losses the person experienced before their death, like pain and suffering, medical bills, and lost wages. Both claims can be pursued separately or together, depending on the circumstances.
How much does it cost to hire an Atlanta wrongful death lawyer?
The cost of hiring a wrongful death lawyer in Atlanta typically depends on the lawyer’s fee structure. Most wrongful death lawyers work on what’s known as a contingency fee basis. This means they only get paid if you win your case. Their fee is usually a percentage of the settlement or verdict amount. This arrangement allows you to pursue justice and compensation without upfront costs.
Law Office of Dwayne L. Brown
Address: 3390 Peachtree Rd NE, Suite 1100 Atlanta, GA 30326
Phone: (404) 738-6000
Opening Hours: Available 24/7
