Brookhaven Wrongful Death Lawyer

Wrongful Death Attorney in Brookhaven, GA

After a loved one passes away due to another party, the thought of starting a legal case can quickly become overwhelming. Consider reaching out to a Brookhaven wrongful death lawyer to understand your legal options and get the help you need when pursuing justice for your loved one.

Hire a Wrongful Death Lawyer With Years of Professional Experience

At Barnes Law Group, our attorneys have extensive experience helping Georgia residents navigate traumatic life events. We value making the legal process as easy as possible for our clients so they can focus on their well-being. We offer free consultations to residents of Georgia. When you meet with a Brookhaven personal injury lawyer at Barnes Law Group, you’ll be able to describe your situation in full detail.

From there, they can offer transparent legal guidance so you can make informed decisions regarding your case.

What Is a Wrongful Death?

In 2023, 222,698 people in the United States passed away due to an unintentional injury. A wrongful death is when a person passes away due to the actions or inaction of another party. This can cover a wide variety of situations, including:

• Medical malpractice. This is, unfortunately, common among patients in the United States. Throughout the country, one in three clinicians has had a legal case opened against them at least once in their career.
• Premises liability. These situations occur when an owner or occupier of a property fails to properly maintain the premises, resulting in injuries to visitors. For example, if a grocery store owner fails to clean hazardous spills and a shopper slips and falls, they may have a case opened against them.
• Auto accidents. There was a 2% increase in motor vehicle fatalities between 2021 and 2022 in Georgia, going from 1,797 deaths to 1,829.
• Product liability. These situations happen when a product is manufactured improperly or mislabeled. This leads to the consumer becoming injured.

When these situations lead to a person passing away, the loved ones left behind may be able to file a wrongful death case. It’s important to hire a wrongful death lawyer in Brookhaven, GA to help you understand what legal options you can pursue.

Who Can File a Wrongful Death Claim

In Georgia, only certain people related to the deceased can file a wrongful death claim. If the deceased had a surviving spouse, they’re the one required to file. If there’s no spouse, the children will file. If there are no immediate family members, the personal representative of the deceased’s estate will file the case.

The personal representative is typically a person named in the deceased’s will. This is typically someone they trusted, often a family member.

Any compensation won in a wrongful death case goes to the surviving spouse and children, with the surviving spouse receiving at least one-third of the final amount. However, if there are no immediate family members, the compensation will be paid to the deceased’s next of kin.

Survival Action Claim Versus Wrongful Death Case

Along with a wrongful death case, a survival action could possibly be filed for your deceased loved one. This case would have been a personal injury case if they had survived. It allows recovery for damages such as:

• Your loved one’s pain and suffering
• Your loved one’s medical bills before they passed away

These cases are typically filed by the deceased’s personal representative. Any compensation awarded will go to the estate, which is distributed according to the deceased’s will.

A survival action is different from a wrongful death case, as a wrongful death case is for the surviving family members to claim losses related to the death of their loved one. A survival action is for the losses your loved one suffered before passing.

FAQs About Brookhaven, GA Wrongful Death Laws

What Is the Deadline to File a Wrongful Death Case in Georgia?

The deadline to file a wrongful death case in Georgia is two years. While this timeline may seem long, it’s important to act quickly in a wrongful death case. Evidence can fade fast and become hard to preserve over time. Witness memories may become muddled over time, and surveillance footage tends to overwrite itself after a certain period. Filing your case as soon as possible can help increase your chances of success.

What Evidence Is Needed for a Wrongful Death Case?

Extensive evidence is needed for a wrongful death case. Courts rely on evidence to make their final decision, and if you have only a small amount of evidence or of one type, it can hurt your chances of success. Evidence can include your loved one’s medical records, surveillance footage of the incident that led to their injuries, and eyewitness and professional testimony. It can also include photos and videos related to the incident and injuries.

Is There a Cap on the Amount of Compensation You Can Win in a Wrongful Death Case?

There isn’t a cap on the amount of compensation you can win in a wrongful death case. The amount of compensation you can win depends on your unique situation. Courts award families the full value of their loved one’s life. This number is difficult to calculate, but providing evidence of the situation to the court can help make the process easier. While compensation can’t take away what happened to your loved one, it can help hold the responsible party accountable.

Can You Request Punitive Damages in a Wrongful Death Case?

Punitive damages can’t be requested in a wrongful death case in Georgia. These damages were designed to punish responsible parties who acted with extreme malice or negligence. This allows victims to recover additional compensation beyond the damages they already requested.  However, the nature of a wrongful death case is already punitive.

Work With Trusted Attorneys in Georgia

Contact Barnes Law Group to schedule your confidential consultation at our Marietta office. When the worst happens, you need a lawyer with a vast amount of empathy and care. We understand deeply how difficult this time must be and are here to help make your case as streamlined as possible. Our firm operates on a contingency fee basis, meaning we don’t accept payment for our legal services until we secure compensation for your case.