Dunwoody Wrongful Death Lawyer

Wrongful Death Attorney in Dunwoody, GA

Injuries happen every day. Unfortunately, some injuries are fatal. When the injuries happen because of another party’s negligence or intent, the family members and loved ones left behind have a right to pursue a legal case against them. Reach out to a Dunwoody wrongful death lawyer to understand your legal rights and options under Georgia law.

Hire a Wrongful Death Attorney

When dealing with the loss of a loved one, you need a skilled Dunwoody personal injury lawyer to ensure your case has the highest chance of success. The team at Barnes Law Group has been Making It Right for residents of Georgia for over 50 years.

We know how difficult it is to lose someone you love. You deserve to recover compensation for your pain and suffering and hold the responsible party accountable for their actions.

Wrongful Death Cases We Handle in Dunwoody, GA

In 2023, there were 222,698 fatalities in the United States due to unintentional injuries. Wrongful death cases can be filed by family members of the deceased when another party’s actions or inaction caused death.

Wrongful deaths can be caused by a variety of different incident types. Here at Barnes Law Group, we take on cases where the deceased passed from:

• A car accident or other motor vehicle accident. These tend to be some of the most common types of wrongful death cases. Between 2020 and 2024, there were 18 fatalities due to an automobile accident in Dunwoody. We also take on bicycle accident and pedestrian accident cases.
• Premises liability. This type of situation happens when an owner of a property fails to reasonably maintain it, leading to safety issues where visitors become injured. This event can happen in a wide variety of situations. For example, if a hotel owner fails to mop up a spill in the hallway and a vacationer slips and falls before passing away, the family members of the deceased can pursue a wrongful death claim against the owner of the hotel.
• Product liability. This happens when a product is faulty and injures the user, either due to improper design, poor construction, or low-grade materials.
• Medical malpractice. Patients need to feel like they can rely on their doctor and nurses to care for them in medical situations. When professionals fail at their duty and cause fatal injuries, they can have a legal claim opened against them.
• Nursing home abuse. This type of situation tends to be underreported due to pressure placed on the elderly. One in six elders over the age of 60 reported being a victim of abuse in a community setting in 2023.

Who Can File a Wrongful Death Claim?

Who is allowed to file the case depends on the family dynamics of the deceased. For example:

• If the deceased has a surviving spouse, they’ll be in charge of filing the wrongful death claim
• If there is no spouse, but the deceased has living children, they’ll be the ones to file
• If there’s no spouse and no children or other descendants, any living parents will be the ones to file the claim

If there is no spouse, descendants, or parent able to file the case, then the personal representative of the deceased’s estate is in charge of filing the wrongful death claim. A personal representative is a trusted person named in the deceased’s will to handle their estate after they pass away. If there is no will or named representative, then the court will assign one.

Before filing, you’ll want to hire a wrongful death lawyer to help explain what laws and deadlines apply to your unique situation. A lawyer experienced in the nuances of wrongful death cases can help take care of the bulk of your case so you and your family can focus on your well-being and the grieving process.

FAQs About Wrongful Death in Dunwoody, GA

What Is a Survival Claim in Dunwoody?

In Dunwoody, a survival claim is a different type of case that can be filed by the personal representative of the deceased’s estate. This claim acts as a regular personal injury claim if the deceased had lived and been able to file their own. A wrongful death claim allows the family to recover compensation for the loss of their loved one, while a survival claim allows recovery for the deceased’s medical bills and their pain and suffering before passing away.

Can I File a Wrongful Death Claim Against Multiple Parties?

You may be able to file a wrongful death claim against multiple parties, depending on the specific details of your situation. Many personal incidents involved multiple responsible parties, such as a medical malpractice incident. For example, if your loved one passed away due to negligence during surgery, you may be able to file your claim against the surgeon, nurses, anesthesiologist, hospital staff, and even the hospital itself.

What Is Mediation in a Georgia Wrongful Death Case?

Mediation in a wrongful death case is an alternative to trial. This allows family members to save time, money, and the headache of court. During mediation, a neutral mediator helps all parties involved in the case to come to a resolution to their legal issue.

When and Where Do I File My Wrongful Death Claim in Dunwoody?

You’ll have two years from the date of your loved one’s passing to file a wrongful death claim in Dunwoody, GA. These cases are typically handled by the State Court in a venue determined by the residence of the defendant.  While incredibly emotionally difficult, starting this process as early as possible can help increase your chances of success.

Contact Our Dunwoody Wrongful Death Lawyers

Reach out to Barnes Law Group today to schedule your confidential consultation with one of our skilled attorneys. When you come into our office in Marietta, you’ll be treated with empathy and compassion from the first handshake. We know how difficult this time is. Our lawyers work tirelessly to secure the most favorable outcome for our clients.

We operate on a contingency fee basis. This means that we don’t require payment for our legal services until we’ve won compensation for your wrongful death case.