Wrongful Death Lawyer in Peachtree Corners: Free Consultation

Grounds Needed For a Potential Claim

To file a wrongful death claim, several key elements must be established:

1. Duty of Care

The first element is proving that the defendant owed a duty of care to the deceased. This means showing that the responsible party had a legal obligation to act with a certain level of care to prevent harm. For example, drivers have a duty to follow traffic laws and drive safely to avoid causing accidents.

2. Breach of Duty

Next, it must be demonstrated that the defendant breached this duty of care. A breach occurs when the responsible party fails to meet the expected standard of care. This could involve reckless driving, medical negligence, or any other action that deviates from what a reasonable person would do under similar circumstances.

3. Causation

Causation is the link between the breach of duty and the death of your loved one. It must be shown that the breach directly caused the fatal injury or condition. This can sometimes be complex, requiring expert testimony and evidence to establish that the death would not have occurred but for the defendant’s actions.

4. Damages

To proceed with a wrongful death claim, there must be quantifiable damages resulting from the death. Damages can include both economic and non-economic damages, like pain and suffering, loss of companionship, and emotional distress experienced by the surviving family members. We cover this in more detail below.

5. Death

Finally, it is essential to prove that the death occurred as a direct result of the breach of duty. This element is the culmination of establishing a duty of care, breach, causation, and damages. The death must be shown to have been preventable if the responsible party had not acted negligently.

By establishing these elements, you can build a strong wrongful death claim to seek justice and compensation for the loss of your loved one. A skilled attorney can help gather the necessary evidence and navigate the legal complexities to support your case.

Compensation Available in Georgia Wrongful Death Cases

The damages, or money, you can recover in a wrongful death case depend on the circumstances and may include the following:

• The value of the income, benefits, and future earning capacity your loved one would have provided
• The value of services your loved one provided to the family, such as housekeeping and childcare
• The subjective value of your loved one’s love, companionship, and affection
• The loss of your loved one’s personal guidance, advice, counsel, and support
• Loss of consortium, or the ability to enjoy a relationship

Wrongful death cases are often paired with related but distinct claims called survival actions or estate claims. While a wrongful death compensates survivors for what they suffered as a result of their loved one’s passing, a survival action compensates the estate for the losses the victim suffered, such as:

• Funeral, burial, or crematory services incurred by family members
• Medical expenses incurred by the victim before their passing
• Conscious pain and suffering

Punitive damages are also recoverable through a survival action, though not a wrongful death suit. Judges and juries sometimes award punitive damages to punish at-fault parties for extremely reckless or intentionally malicious behavior and discourage others from behaving similarly in the future.

Whatever money the estate recovers through a survival action can be used to pay off the victim’s debts and expenses. The remaining funds will then be dispersed to the victim’s beneficiaries under the terms of their will or, if they died without one, Georgia’s intestate laws.

How to Get in Touch With Us

If you need legal help pursuing a personal injury claim, here’s how to reach us:

• Phone: Call us at 404.974.3159 for immediate assistance.
• Online: Fill out our contact form and we’ll get back to you as soon as possible.

Note that we provide a free consultation to evaluate your case and offer the guidance you need.

Contact a Peachtree Corners personal injury lawyer today to start pursuing the compensation you deserve.

Kind Words From Our Clients

We are honored to have received positive feedback from those we’ve had the privilege to represent. Here’s what some of our clients have to say about their experiences with us:

Quick! Patient. Accommodating!

“Mr. Brauns and my case manager Haley were absolutely amazing handling my case. It was so quick and they accommodated me so well to my situation. They are absolutely the best firm. I would 100/100 recommend. Thank you.”

Communicative, Highly Recommended! 

“I had a great experience with Brauns Law. David, Elsa, and Chris were extremely detailed and thorough. Great communication and they kept me updated on every step of my case. You can tell they really have a passion for what they do and for their clients’ best interests. I would highly recommend Brauns Law!”

Brauns Law Firm: Peachtree Corners Wrongful Death Lawyers

At Brauns Law Accident Injury Lawyers, PC, we are dedicated exclusively to personal injury cases in Georgia. Our practice focuses on car accidents, trucking accidents, and wrongful death claims—everything we do revolves around these areas.

Each day, we work tirelessly to help Georgians like you navigate the complexities of injury claims and deal with insurance companies that might be trying to minimize your compensation.

We’ve built our firm from the ground up with a commitment to outstanding customer service. We understand how challenging and frustrating managing an injury claim can be, and we’re here to guide you through every step with care and expertise.

Meet Your Peachtree Corners Wrongful Death Attorney

David Brauns believes in offering full support for every aspect of your case. He will leave no stone unturned to ensure you and your family receive the full support needed so you can grieve in peace while he takes the legal action needed against the negligent party.

This level of service isn’t reserved for only the most complex cases—it’s his standard approach for every client. At our firm, you can expect dedicated care and comprehensive support throughout your entire journey with us.

Who Can File a Wrongful Death Claim in Georgia?

Georgia law specifies who is eligible to file a wrongful death action in different circumstances. Eligibility goes in the following order:

• The victim’s spouse
• The victim’s children, if there is no surviving spouse
• The victim’s parents, if there is no surviving spouse or children
• The personal representative of the victim’s estate, if there is no surviving spouse, children, or parents

The state also stipulates how any money a wrongful death claim recovers should be divided. For instance, if a spouse or parent dies:

• Surviving spouses have priority and are entitled to no less than one-third of any compensation from such claims.
• Surviving children also have the right to recover from wrongful death claims and must divide the money from successful claims equally amongst themselves.

In cases where a minor suffers a wrongful death, claims proceed differently. When the victim does not leave behind a surviving spouse or child of their own, their surviving parents have the right to file wrongful death claims.

Georgia law outlines the following situations:

• If the minor’s parents are married and living together, they have the right to file jointly.
• If either parent is deceased, the surviving parent has the sole right to file a wrongful death claim.
• If a minor’s surviving parents are divorced, separated, or living apart, both surviving parents share the right to file a wrongful death claim. If one parent refuses to proceed or cannot be located, the other parent has the right to file. Any money from their claim must be divided equally among both parents. If the other parent does not claim the money after two years, the parent who initiated the claim can petition the court for the other half.

Some deaths leave behind no surviving spouse, child, or parent. In these cases, the right to file a wrongful death claim passes to the victim’s personal representative.

A personal representative is a court-approved administrator who handles the victim’s will and estate. These administrators can file wrongful death claims and distribute any compensation they recover to the victim’s surviving next of kin.

Important Initial Advice!

Dealing with the wrongful death of a loved one is a deeply emotional and complex situation. To help navigate this challenging time and protect your legal rights, follow these steps:

1. Seek Legal Guidance: Contact a wrongful death lawyer in Peachtree Corners from our firm as soon as possible. We can provide essential guidance, explain your rights, and initiate the process of seeking justice for your loved one.
2. Obtain a Death Certificate: Secure a certified copy of the death certificate. This official document is necessary for legal procedures and insurance claims and helps establish the cause of death.
3. Gathering Evidence: Gather any available evidence related to the wrongful death. This includes taking photos of the accident scene, obtaining medical records, and collecting witness statements that may support your case. More guidance on this below.
4. Notify Relevant Authorities: Inform the appropriate insurance companies about the incident. Be cautious not to provide detailed statements or accept settlement offers before consulting with your attorney.
5. Avoid Social Media: Refrain from posting about the incident or your feelings on social media. Information shared online can potentially be used against you in legal proceedings.
6. Keep Detailed Records: Maintain comprehensive records of all expenses related to the wrongful death, such as medical bills, funeral costs, and other financial losses. Additionally, document all communications with insurance companies, law enforcement, and other involved parties.
7. Gather Support: Seek emotional and psychological support for yourself and your family. Professional counseling can help manage the emotional impact of this difficult time. We can also put you in contact with this support, if needed.
8. Follow Up Regularly: Keep in regular contact with your attorney and other involved parties. Update them with any new information and follow their advice on how to proceed.

By following these steps, you can better manage a wrongful death claim and work towards obtaining the justice and compensation you and your family deserve.

Gathering Evidence

After a wrongful death incident, gathering evidence is vital for building a strong case. However, we understand that this process can be overwhelming during such a difficult time.

Here’s a detailed list on the types of evidence to collect as soon as possible:

• Medical Records: Collect all documents related to the deceased’s medical treatment, including hospital records and diagnostic reports. These records are essential for showing the injuries and medical impact of the incident.
• Death Certificate: This document confirms the cause of death and is necessary for legal procedures.
• Accident Reports: Get the police report or accident report, if available. This provides an official account of the incident, detailing the involved parties and any official findings.
• Photographic Evidence: Gather photos of the accident scene, including vehicle and property damage, as well as environmental conditions like road conditions or weather. Photos from nearby surveillance cameras or bystanders can also be useful.
• Witness Statements: Collect contact information and statements from witnesses who observed the incident. Their accounts can support your version of events.
• Financial Records: Assemble records of all expenses related to the wrongful death, such as medical bills, funeral costs, and lost income. These documents are crucial for calculating compensation.
• Correspondence: Save all communications related to the case, including letters, emails, and interactions with insurance companies and law enforcement.
• Personal Documentation: Gather any personal documents that highlight the impact of the wrongful death on the family, such as diaries or personal letters.

We recognize that gathering this evidence can be a cumbersome and stressful task, especially when dealing with the loss of a loved one. The process requires careful attention to detail and timely collection, which can be overwhelming during such an emotional time.

That’s why our law firm is here to help. Our experienced team will handle the evidence collection and ensure that every piece of relevant information is meticulously gathered and preserved.

By entrusting us with this responsibility, you can focus on healing and spending time with your family, while we work tirelessly to build a strong case for you.

Contact us to take the burden off your shoulders.

Your Deadline For Making a Claim

If you wish to bring a wrongful death suit in Georgia, the law says you must file within two years of the date of your loved one’s death. You have four years from the date of death to bring a claim for loss of consortium.

This timeframe is known as the statute of limitations.

However, there are exceptions that will make this time period shorter or longer. For example, the deadline can be put on hold in cases of violent crimes until criminal prosecution against the at-fault party is resolved.

But surviving family members may only have six months to a year to pursue action when the government is to blame. If you wait too long to sue for wrongful death, the court could refuse to hear your case – even if you have excellent evidence backing up your claim.

There is also a separate law for wrongful deaths stemming from medical malpractice. The time limit is also two years. There are certain exceptions, such as when survivors are initially unaware that their loved one’s death was the result of medical malpractice.

In such cases, the usual two-year countdown effectively pauses until survivors discover or could potentially discover their grounds for a claim. Still, there is a hard five-year time limit on all medical malpractice claims in Georgia.

Georgia imposes relatively few limits on the amount of money you can get from a wrongful death claim. However, state law does have punitive damage caps that might affect survival actions. Punitive damages are limited to $250,000, with exceptions.

What Can I Expect to Pay?

At our law firm, we use a contingency fee model for handling wrongful death cases. Here’s what you need to know about our pricing:

• No Upfront Costs: You won’t have to pay any legal fees before your case starts. This allows you to focus on your family and healing without financial stress.
• Percentage of Settlement: Our fee is a percentage of the compensation we secure for you. If we win your case or obtain a settlement, our payment comes from that amount. The exact percentage is discussed and agreed upon in our initial consultation.
• Payment Only If Successful: You only pay if we successfully win your case or obtain a settlement. You don’t owe us any legal fees if we don’t secure compensation. This ensures that our interests are aligned with yours—getting the best outcome for you is our priority.
• Additional Costs: While we work on a contingency fee basis, other costs may be associated with your case, such as court fees or expert witness expenses. These are clearly outlined in our agreement and are discussed during your initial consultation.
• Clear Agreement: We provide a detailed explanation of how our fees are structured and what additional costs may arise. You’ll know exactly what to expect before we start working on your case.

By using this model, we aim to make the legal process as accessible and stress-free as possible for you. If you have any questions about how our fees work, we’re here to provide clear and honest answers.

How Our Wrongful Death Attorneys in Peachtree Corners, GA Can Help

You have suffered enough already. Don’t try to pursue your wrongful death claim alone. Instead, turn to Brauns Law Accident Injury Lawyers, PC for the support, guidance, and advocacy you need during this difficult time.

We can help you by:

• Investigating the circumstances of your loved one’s death
• Explaining your legal rights for pursuing a wrongful death claim and survival action
• Gathering evidence to support your wrongful death claim
• Interviewing reliable witnesses and experts for useful testimony
• Communicating with insurers and other parties on your behalf
• Negotiating with the other side to maximize your settlement value
• Representing you in court and arguing your case if the liable parties won’t offer a fair settlement
• Providing guidance and support throughout the claims process

Possible Causes of Wrongful Death

Wrongful deaths can occur due to a variety of factors. Common causes of wrongful deaths in Peachtree Corners include:

Other Locations We Serve

We understand that wrongful death cases can affect families across a wide area. That’s why we’re proud to offer our compassionate and dedicated legal services in several locations beyond our main office. Whether you’re in a nearby town or another city, we’re here to support you every step of the way.