Lawrenceville Wrongful Death Attorney
Georgia’s Wrongful Death Act allows certain family members to file a claim against the party responsible for such a death. The experienced and compassionate legal team of wrongful death attorneys at Bridger Law Group can help you hold the party accountable for their negligent actions when the criminal code does not address the matter or is insufficient. Learn more about your legal rights and how our Lawrenceville personal injury attorneys you when you call for a free case review.
Why Choose Bridger Law Group?
Dealing with the loss of a loved one is overwhelming, and dealing with the legal process of filing a wrongful death claim is probably something you don’t want to deal with during this difficult time. The good news is that you don’t have to do it alone. Our legal team is committed to standing by you when you need it most. Some reasons families choose Bridger Law Group:
- Extensive Experience: With more than 4,000 cases handled and 20+ years serving the Chicago area, we understand what it takes to navigate complex wrongful death claims.
- Real Results: We have secured over $60 million in settlements and verdicts for families facing some of life’s most challenging moments.
- Personalized Attention: Larger firms treat you like another file, but at Bridger Law Group, our wrongful death attorneys provide one-on-one guidance and keep you informed every step of the way.
- No Win, No Fee Promise: You don’t pay anything unless we recover money for your family.
Whether you’re anxious about dealing with powerful insurance companies or you’re just overwhelmed by your loss, we can help you. Let us take on the legal burden so you can focus on yourself and your family.
What Is a Wrongful Death?
A wrongful death is a death caused by another party without legal justification. While this can involve criminal conduct, such as murder or assault, it usually involves negligent or reckless conduct.
Unlike a criminal case, a wrongful death claim is focused on compensating the surviving family members for the premature death of their loved one.
Types of Wrongful Death Cases
Wrongful death cases can arise for a number of different reasons, and are generally related to another person or entity’s negligence. In some cases, wrongful death claims could also be filed due to a person’s intentional actions. Here’s how these cases often come about:
Motor Vehicle Accidents
Wrongful death cases often involve fatal car, truck, motorcycle, or pedestrian accidents on roads and highways. Liability may stem from distracted driving, excessive speed, drunk driving, or simply failing to follow traffic laws.
Medical Malpractice
Patients may die due to preventable errors by doctors, hospitals, or other healthcare providers. These cases may result from misdiagnosis, surgical mistakes, medication errors, or lack of proper medical care.
Workplace Accidents
Dangerous work environments like construction sites and industrial plants sometimes lead to fatal incidents. Death can result from a lack of safety rules, defective equipment, or failure to provide proper training and protection.
Premises Liability
A property owner’s failure to fix hazards can sometimes have deadly results. Fatal incidents can result from improper security, broken stairs or walkways, or dangerous building conditions left unaddressed.
Criminal Acts/Intentional Harm
Criminal actions like assault or murder can also be the basis for a wrongful death lawsuit. The claim is pursued in civil court, regardless of any existing criminal charges.
In each of these cases, surviving family members may be entitled to financial compensation for their emotional and financial losses resulting from a wrongful death.
Who Is Liable in a Georgia Wrongful Death Claim?
Determining who is liable in a wrongful death case is important because it determines who you are filing your case against. There are several parties and entities that could bear either full or partial blame in these situations.
Negligent Drivers
Drivers who cause deadly accidents through careless or illegal actions, such as speeding, distracted driving, or driving under the influence, can be held responsible for wrongful death. Liability can also extend to the employers of these drivers if the accident leading to death occurred while the offending driver was on duty (for example, as a delivery driver).
Healthcare Providers
Doctors, nurses, hospitals, or clinics may be liable if they fail to provide proper care and a patient dies as a result. This applies to surgical errors, incorrect medication, misdiagnosis, or failure to monitor a patient’s condition.
Employers and Workplaces
Employers must provide a safe workspace; when safety procedures are ignored, and an employee dies, the employer or job-site managers may be held accountable. This is especially true in high-risk industries such as construction or manufacturing. The majority of these cases will proceed through workers’ compensation rather than a wrongful death civil suit, but there are situations in which a lawsuit is appropriate.
Manufacturers and Sellers
Companies that design, build, or sell dangerous or defective products may be held accountable for fatalities linked to product failures. These claims involve harm from cars, machines, medications, or other products that cause or contribute to someone’s death.
Property Owners or Managers
If someone dies because of unsafe conditions on private, public, or commercial property, the person or company responsible for the property’s maintenance may be held liable.
Perpetrators of Crimes
Individuals who commit violent or intentional acts, including homicide or assault, can be sued by survivors in civil court for wrongful death. This is true whether criminal charges are filed or not.
Identifying all those responsible helps maximize your recovery and attempts to hold every negligent party accountable for their actions.
Common Causes of Wrongful Death
Negligent actions that may give rise to wrongful death claims may involve:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle and pedestrian accidents
- Dog mauling and animal attacks
- Slips and falls
- Defective products
Our wrongful death attorney in Lawrenceville, GA can investigate the circumstances surrounding your loved one’s death and explain if you may be able to file a wrongful death claim. If your loved one was fatally injured in an accident, our car accident lawyers in Lawrenceville are here to fight for your rights.
Who Can File a Wrongful Death Claim in Georgia?
Georgia’s wrongful death law allows a spouse or children of the decedent to file this type of legal action for the death of their spouse or parent, respectively. If the victim died without a spouse or children, their surviving parent(s) can file this type of case. Finally, if the decedent died without a spouse, child, or parent, their estate has the right to file a wrongful death claim.
What Damages Can Families Recover in a Georgia Wrongful Death Case?
Georgia’s Wrongful Death Act allows family members to receive an award of compensation for the “full value” of the victim’s life. This is based on the victim’s perspective, not the surviving family member.
The full value of life can include economic and non-economic damages. Economic damages have a direct financial impact, such as:
- The income the decedent would have earned had they lived
- Lost benefits
- The value of services the decedent would have performed
Noneconomic damages provide compensation for intangible losses, such as not being able to enjoy time with loved ones and lost quality of life. Juries are tasked with putting a number on these subjective losses and calculating fair compensation when they award money to a grieving family.
Wrongful Death Action vs Survival Action in Georgia
When a loved one passes away due to someone else’s negligence, Georgia law allows two different types of legal claims to be filed to obtain compensation as a result. These are called survival claims and wrongful death claims.
Wrongful Death Action
A wrongful death action is brought by certain surviving family members, usually a spouse, children, or parents, to seek compensation for the effects of the loss of their loved one. This often includes lost wages and benefits, as well as loss of companionship.
Survival Action
A survival action is brought by the deceased person’s estate rather than family members and is used to recover damages the individual could have claimed if they had survived, such as pain and suffering before death, medical bills, and funeral expenses. Money recovered through the survival action is distributed to the estate and is subject to creditor claims just like other estate assets.
Process of a Wrongful Death Claim in Lawrenceville, GA
Filing a wrongful death claim can be complex, but understanding the general process can ease stress during a difficult time. Generally, these are the steps taken:
Starting the Claim
The process begins by one of the eligible claimants getting ready to file their civil action. In Georgia, it is usually the surviving spouse, child, or parent that initiates a wrongful death action. The personal representative (executor) of the estate may file a survival action.
Investigating the Case
Attorneys collect information about the death. This can involve gathering police reports, witness statements, accident reconstruction reports, medical records, photographs, and financial documents regarding lost wages and expenses.
Filing Formal Legal Documents
Your lawyer files the complaint in the appropriate court, which will detail what you’re seeking.
Negotiations
After documents are filed, most parties seek an early settlement through negotiations. During this stage, your lawyer will go back and forth with the other side to try to avoid going to trial.
Litigation and Trial
If settlement isn’t possible because one of the parties isn’t satisfied with the offers, the case will go to trial. A judge or jury then considers the story from both sides and decides whether the defendant was in fact responsible for the decedent’s death.
An experienced and local attorney familiar with wrongful death practice in Lawrenceville can simplify this process and help your family recover appropriate compensation.
Timeline for Filing a Wrongful Death Claim
In most cases, the surviving family member(s) must file a wrongful death lawsuit within two years of the death under Georgia’s statute of limitations. If this time limit runs out without taking legal action, the family can be barred from pursuing their claim later.
Contact Our Compassionate Lawrenceville Wrongful Death Lawyers
At Bridger Law Group, our wrongful death attorneys in Lawrenceville know that no amount of money can ever replace your loved one. Still, we will fight to honor your loved one’s legacy and protect you from the financial strain caused by someone else’s carelessness. Call attorney Gerardo Briceno at (404) 482-3330 today for a free case review to discuss your legal rights and options.
