Johns Creek Wrongful Death Lawyer

Wrongful Death Attorney in Johns Creek, GA

When a loved one passes away, the grief can be overwhelming for those left behind. It’s natural to want justice when another party’s negligence resulted in their passing. Working with a Johns Creek wrongful death lawyer can help you understand what legal options are available in your unique situation.

Choose Experienced Lawyers in Georgia

For over 50 years, Barnes Law Group has helped Georgia clients navigate their legal cases following traumatic events. We understand how difficult this period of time must be for you and your family. Working with a Johns Creek personal injury lawyer can help streamline the legal process, allowing you to focus on your well-being.

We offer free consultations at our office in Marietta. During your consultation, you’ll be treated with empathy from the first handshake. Our attorneys can offer the knowledge and legal guidance you need to make informed decisions regarding your case.

What Counts as a Wrongful Death?

Throughout the United States in 2023, 222,698 people passed away because of an unintentional injury. This can include injuries from:

• Auto accidents: In 2022, there were 1,829 motor vehicle traffic fatalities throughout Georgia.
• Medical malpractice: Patients need to feel like they can trust their medical team to care for them. Unfortunately, medical mistakes happen every day. Throughout the United States, one in three clinicians has had a case against them at least once in their career. When a patient dies due to a professional’s negligence, their family may be able to file a case against the professional, other medical staff, and even the practice itself.
• Premises liability: These cases arise when an owner or occupier of a property fails to properly maintain the premises, resulting in injuries to visitors. For example, if the owner of a parking garage fails to install proper security measures or lighting, and a person is a victim of a crime as a result, they may be able to file a case against the owner.

The Deadline to File Your Wrongful Death Claim

Georgia has strict filing deadlines for wrongful death cases. The deadline to file your case is generally two years. While this may seem like a long time, it’s important to file your case as soon as possible.

This will help increase your chances of a successful case. The longer you wait to file, the harder it will be to preserve evidence. Be sure to hire a wrongful death lawyer to help you file your claim and gather evidence for your case.

Who Can File a Wrongful Death Claim in Georgia?

Who can file a wrongful death claim depends on the relationships the deceased had. If they were married, the surviving spouse  files the claim. If there isn’t a surviving spouse, the surviving children can file.

If there are no immediate family members available to file, the personal representative of the deceased’s estate has the responsibility to file. This person is typically named in the deceased’s will and is responsible for managing their assets and affairs after death.

What Happens to the Compensation Won in a Wrongful Death Case

The compensation won in a wrongful death case in Johns Creek, GA goes to specific people. Any recovered money is shared between a spouse and any children. The spouse must receive at least one-third of the total compensation.

The compensation can’t be used to pay the deceased’s debts, so it’s protected from creditors. Any children born out of wedlock have the right to recover compensation from the wrongful death case.

If there aren’t any immediate family members, the compensation goes to the next of kin. The personal representative may also recover expenses related to the deceased’s funeral and burial, as well as any related medical expenses.

FAQs About Johns Creek, GA Wrongful Death Laws

What Evidence Is Needed to Strengthen My Wrongful Death Case?

Extensive evidence is needed to strengthen your wrongful death case. Evidence can vary depending on the circumstances surrounding the death. It can include incident reports, your loved one’s medical records, and photos and videos related to the incident and resulting injuries.

Your lawyer can help gather witness statements and testimony from professionals about what they believe caused your loved one’s passing. You’ll need diverse evidence when presenting your case, as courts rely on it to make their final decision.

What Is a Survival Action?

A survival action is a separate legal case that can be filed alongside a wrongful death. Essentially, a survival action is a legal case that can be filed after a person passes away, and acts as a personal injury case for them if they had survived. A survival action is typically filed by the deceased’s estate representative.

Is There a Limit to the Amount of Compensation You Can Get in a Wrongful Death Case?

There isn’t a limit to the amount of compensation you can get in a wrongful death case. Juries use the evidence provided by both parties to make their final decision on who should pay and how much. This amount is the full value of the deceased’s life. This can be extremely tricky to calculate, so it’s important to provide sufficient evidence to the court to improve your chances of success.

What Types of Damages Can You Recover in a Wrongful Death Case?

The total amount of compensation is based on the full value of your loved one’s life. However, a survival action allows recovery for the losses the deceased incurred before passing away. This can include their pain and suffering as well as the cost of their medical bills. Funeral and burial expenses can also be requested. A lawyer can help you calculate the maximum amount of compensation available.

Hire a Wrongful Death Lawyer That Georgia Citizens Trust

Reach out to Barnes Law Group today to learn how our lawyers can help you during this difficult time. We value giving our clients the knowledge and tools they need to take back control of their lives after experiencing trauma. Let us handle the legal aspects so you can focus on your well-being.

Our firm operates on a contingency fee basis. This means that we only accept payment from our clients once we secure compensation for your case.