Attorney meeting with doctors after a wrongful death claim has been filed

When a spouse, parent, or another close loved one leaves the house, you generally expect to see them again later that day. As too many families in the Atlanta area know, however, unexpected accidents and incidents can happen at any time, and they can result in the sudden and untimely death of a family member.

Knowing what to do after the tragic death of a loved one can be difficult. The emotional weight of the loss is intense, and you may be dealing with extensive financial losses, as well.

It is important to know that the office of Brauns Law Accident Injury Lawyers, PC is here to help you navigate your personal injury case and understand what you may be entitled to. Gwinnett County wrongful death lawyer, David Brauns, represents the rights and interests of families who suffered a sudden loss of a loved one, and we strive to help you find justice and move forward in the best possible position.

Discussing a death is never easy, but know that we handle every case with compassion and commitment you can trust.

Call today at 404-975-2634 or contact us online to discuss your options for free.

Attorney meeting with doctors after a wrongful death claim has been filed

Grounds Needed For a Potential Claim

To pursue a wrongful death claim in Gwinnett County, certain key elements must be proven:

  1. Duty of Care: The negligent party was legally obligated to maintain a safe environment or owed your loved one a duty of care. For example, ensuring a property is free from hazardous conditions that could harm others.
  2. Breach of Duty: It must be demonstrated that they failed to uphold their duty of care. This could be through neglecting to fix known hazards, failing to provide proper warnings, not adhering to safety regulations, or driving while intoxicated, as examples.
  3. Causation: There must be a direct link between the breach of duty and the incident that led to the wrongful death. It needs to be shown that the unsafe condition or negligence was the actual cause of the fatal incident.
  4. Damages: The wrongful death claim must establish that the incident resulted in significant damages. This includes financial losses such as funeral expenses, loss of financial support, and emotional suffering experienced by the surviving family members.
  5. Death: The claim must confirm that the death occurred as a direct result of unsafe conditions or negligence. Without establishing that the death was linked to the property owner’s breach of duty, the claim cannot proceed.

Contact a Gwinnett County personal injury lawyer at Brauns Law Accident Injury Lawyers, PC for assistance navigating these complex legal requirements and pursuing justice.

Damages available for a wrongful death

While a family may feel like their losses are endless after losing a beloved spouse or parent, the law limits the types of damages you can seek in a wrongful death claim. Such damages include:

  • Lost income, benefits, and financial support of the deceased
  • Loss of household services, such as childcare or cleaning, can be considered economic damages in a personal injury case.
  • Loss of care, companionship, and similar intangible losses

In a survival action, the following damages are available:

  • Medical bills for treatment before the victim passed away
  • Funeral and burial costs
  • Pain and suffering experienced by the deceased before death

Who can file a claim?

While a tragic death may affect many people, not just anyone can recover financially from a liable party. The following people can file a claim under Georgia law, in the following order:

  • A surviving spouse
  • Surviving children (the spouse should care for the interests of minor children)
  • Surviving parents if there is no surviving spouse or children
  • The personal representative of the deceased’s estate if there is no spouse, children, or parents

A personal representative can also file a survival action to seek different damages than are available in a wrongful death claim.

How to Get in Touch With Us

If you’re seeking legal assistance following a wrongful death incident in Gwinnett County, here’s how you can get in touch with us:

We offer a free initial consultation to review your situation and provide the support you need.

What Clients Think of Us

Browse our client testimonials to see how our dedication, skill, and compassionate service have made a difference in their lives. Discover why so many have trusted us with their legal needs.

Pleasant. Helpful!

“Everyone at Brauns Law Firm were so wonderful. They were pleasant and very helpful. I would recommend their service to everyone.”

Excellent! Taken Care Of! 

“Excellent experience with David Brauns and his team. They took care of everything after my accident and stayed in constant communication. You can definitely rely on this A Team to follow through and get the best settlement possible for your situation. Wish I could rate higher than 5 stars!”

Brauns Law Firm: Gwinnett County Wrongful Death Lawyer

At Brauns Law Accident Injury Lawyers, PC, we are dedicated to securing justice and compensation for families affected by wrongful death incidents in Gwinnett County. Our combines deep expertise in personal injury law with a compassionate approach to client care.

Our team of Gwinnett County wrongful death lawyers brings a wealth of experience and a genuine commitment to addressing the needs of those who have suffered due to unsafe conditions.

We work through the ups and downs of wrongful death claims with meticulous attention to detail, striving to achieve the best possible outcomes for our clients

We offer empathetic and tailored legal support, ensuring that every client feels understood and valued. Our unwavering commitment to excellence and community involvement makes us a trusted choice for handling wrongful death claims in Gwinnett County.

Contact us today to learn how we can support you through this challenging time.

Meet Your Gwinnett County Wrongful Death Attorney

David Brauns, our founding partner, brings a wealth of experience in personal injury law with a special focus on wrongful death. His commitment to his clients is evident in the personalized strategies he develops to address each unique case.

He stands out for his distinguished track record in personal injury law, particularly in wrongful death and premises liability cases. His career is marked by numerous accolades and a wealth of positive client feedback, reflecting his commitment to delivering exceptional legal representation.

David’s reputation is built on his unwavering dedication to achieving favorable outcomes for his clients. Our goal is to provide support and effective advocacy when it comes time to file a wrongful death claim in Georgia.

Important Initial Advice to File a Wrongful Death Lawsuit

Losing a loved one due to unsafe conditions on someone else’s property or at the hands of someone else’s negligence is a profound tragedy. Taking the right steps promptly is vital to protecting your rights and pursuing a wrongful death claim. Here’s what you need to do:

  1. Obtain Medical Records: Ensure that your loved one received prompt and thorough medical care, if possible. Obtain all relevant medical records, which are vital for building a strong case.
  2. Consult with a Gwinnett County Wrongful Death Attorney: Reach out to a knowledgeable wrongful death lawyer in Gwinnett County. An experienced attorney from our firm can guide you through the legal process, assist in gathering evidence, and advocate for your rights.
  3. Avoid Discussing the Incident on Social Media: Refrain from posting about the incident or your loss on social media. Insurance companies and legal representatives may use your posts to challenge or undermine your claim.
  4. Be Cautious with Insurance Offers: Insurance companies might offer quick settlements to reduce their liability. Consult with a Gwinnett wrongful death injury attorney before accepting any offers to ensure you receive fair and adequate compensation.
  5. Handle Communications Carefully: When interacting with insurance companies or other involved parties, be mindful of your statements. Avoid saying anything that could be misinterpreted or used against you in your case.
  6. Document All Relevant Information: Keep detailed records of the incident, including medical reports, funeral expenses, and any financial impacts resulting from the loss. Comprehensive documentation is essential for supporting your claim.
  7. Preserve Evidence: Collect and preserve evidence related to the unsafe conditions that led to the incident. This may include photographs of the property, descriptions of hazardous conditions, and any other relevant details.

How Much Time Do You Have to File?

In most cases, the statute of limitations for a wrongful death claim in Georgia is two years from the time of the death. While this deadline may extend in some cases, you should always speak with an experienced wrongful death lawyer as soon as possible to ensure you know the time limits in your situation.

Gathering Evidence For a Wrongful Death Lawsuit

After the death of your loved one, gathering evidence is essential to build a compelling case. Here’s a guide on the types of evidence you should collect:

  • Police Documentation: If law enforcement was involved, obtain the police report, which provides an official record of the incident and may be relevant for criminal prosecution. This report will include details about what happened, who was involved, and any citations or charges. Additionally, check for any incident reports filed by the property managers, owners, or driver, as these can also offer valuable information.
  • Medical Records: Gather all medical records related to the decedent’s treatment, as they are crucial for establishing the full value of your claim. This includes hospital visits, diagnostic tests, and follow-up care. Keep track of all prescriptions, treatments, and related medical expenses, as these documents are essential for assessing the financial impact of the incident.
  • Eyewitness Statements: Collect the names and contact information of anyone who witnessed the incident. Eyewitness statements can provide essential support for your case by offering additional perspectives on the events leading up to and following the incident.
  • Photo/Video Evidence: Document the scene where the incident occurred with photos or videos. Capture any visible hazards, damage, or unsafe conditions that contributed to the event. If applicable, include images of injuries sustained by the deceased to illustrate the severity of the harm.
  • Examples of Property Negligence: Document any unsafe conditions that may have led to the incident, such as poor lighting, damaged floors, or driving hazards. Obtain records of the property owner’s maintenance history, if available, to show whether there were lapses in upkeep that might have contributed to the incident.
  • Correspondence: Keep copies of all communications with insurance companies and involved parties. This includes letters, emails, and notes from phone conversations. Accurate and organized correspondence records are crucial for tracking the progress of your claim and ensuring that all relevant information is considered.

Collecting and organizing this evidence is vital for proving negligence and supporting your wrongful death claim. However, we understand that dealing with these tasks while coping with a loss can be overwhelming.

At Brauns Law Accident Injury Lawyers, PC, we’re here to support you through this difficult time. While you focus on healing and honoring your loved one, our team will manage the evidence collection and legal aspects of your case. We ensure that all details are thoroughly gathered and assessed to build a strong claim on your behalf.

Contact us today to let our experienced Gwinnett County wrongful death lawyers take care of the legal complexities, helping you seek the compensation and justice you deserve.

legal documents and gavel in front of laptop

What Can I Expect to Pay?

We are dedicated to providing straightforward and fair pricing for wrongful death cases in Gwinnett County. Our services are offered on a contingency fee basis, meaning you don’t have to pay any fees upfront. We only receive payment if we successfully secure compensation for you.

If we don’t win your case, you won’t owe us anything. This clear and transparent fee structure eliminates any hidden costs and allows you to concentrate on your recovery while we manage the legal aspects. Our goal is to give you peace of mind and work diligently to achieve the best possible outcome for your wrongful death claim.

Why Brauns Law Accident Injury Lawyers, PC?

We know that choosing a law firm to represent the interests of your family is a stressful undertaking. There is so much at stake in every wrongful death claim, so you need to ensure you have a lawyer who not only understands how to successfully handle a wrongful death claim, but one who will give you and your family the attention you deserve in this difficult time.

This is where Brauns Law Accident Injury Lawyers, PC comes in.

Attorney David Brauns and his team know how to guide you through the entire legal process, from gathering evidence to filing a claim to representing you in court and settlement hearings. We will never try to push you into accepting less than you deserve; instead, we will fight to negotiate a settlement that will cover all of your losses.

We always keep in mind that you are going through an emotionally stressful time, so we do everything in our power to relieve you of any additional stress. We represent clients with sensitivity and compassion.

We will not treat you like just another case number, and you will receive the individual attention that you need and deserve. Our goal is to obtain the best possible outcome for the future of you and your family.

In addition to our personalized approach to every case, attorney David Brauns has the experience needed to skillfully handle all aspects of your case, ensuring you may be entitled to full value compensation. The following are only some of the ways we help our clients:

  • Investigate the circumstances of the accident to prove the negligence of all liable parties
  • Calculate the value of your claim
  • Communicate with any insurance companies involved to try to obtain a just settlement
  • File a wrongful death lawsuit in civil court if an insurer will not offer the full amount you deserve
  • Handle every step of the litigation process, including engaging in settlement negotiations

Other Locations We Serve

We are dedicated to providing high-quality legal assistance throughout Gwinnett County and its neighboring areas. No matter where you are within Gwinnett County or its surroundings, our experienced team is ready to offer personalized guidance and strong advocacy for your wrongful death case.

Gwinnett County Wrongful Death FAQs

Although money can never fully compensate for a lost loved one, it is the only means available under the law to try and bring a sense of justice, closure, and peace. Wrongful death claims in Georgia aim to compensate for the “full value of a deceased individual’s life,” under the state’s wrongful death statute. In a nutshell, this means that all wrongful death claims have the decedent’s point of view in mind.

Georgia measures the decedent’s full life value in terms of both tangibles and intangibles. The tangible portion of the deceased individual’s full life value is the economic value of the deceased individual’s life. Tangibles refer to the value of a decedent’s anticipated future earnings. In addition, tangibles encompass the monetary value that is associated with cooking, taking care of chores around the house, and caring for loved ones—all of which the decedent could have done, had he or she not passed away in the accident.

The intangible component of a deceased individual’s full life value encompasses the enjoyable parts of life that cannot be touched, including playing sports, participating in volunteer activities, achieving various life goals, having children, obtaining a degree and graduating from school, and spending time with friends and family members.

If you have lost a loved one in an accident that was caused by another person’s negligence, the experienced team of Gwinnett County wrongful death attorneys at Brauns Law Accident Injury Lawyers, PC can help you recover monetary compensation for the full value of your loved one’s life, as contemplated by the state’s wrongful death statute. If the at-fault person’s insurance company refuses to offer you fair compensation, we can file a wrongful death lawsuit in the Georgia court system.

When an accident victim suffers severe injuries in an accident, and he or she passes away, the decedent’s surviving family members can assert a wrongful death claim. Lawrenceville motorcycle accidents, boating accidents, slip and falls (along with other accidents that occur on someone else’s premises due to a property defect), and car and truck accidents can lead to numerous serious injuries that may wind up being fatal.

For example, in a motorcycle accident where the accident victim falls off of a motorcycle and lands on the ground, the accident victim may suffer a fatal spinal cord injury, internal bleeding in some area of the body, or a traumatic head or brain injury.

If your loved one suffered injuries in a fatal accident, the Lawrenceville wrongful death lawyers at Brauns Law Accident Injury Lawyers, PC can help you pursue monetary recovery by way of a wrongful death claim or lawsuit. Once we determine that you have a valid case, our team will work tirelessly to help you pursue full compensation for all of your family’s losses.

When a loved one passes away in an accident that someone else caused, surviving family members may be in the position to file a wrongful death claim or lawsuit against the person or entity that was responsible for causing the accident. In many cases, the decedent leaves behind numerous grieving family members, including spouses and children.

If the decedent was married at the time he or she passed away, the surviving spouse must file the claim for wrongful death. In cases where the decedent leaves behind surviving children, then the decedent’s spouse must serve as the designated legal representative for all of the children.

Furthermore, if a settlement is forthcoming in the wrongful death case—or the jury awards money at trial—the spouse must share this monetary compensation with the decedent’s surviving children. Regardless of the number of children who are in the picture, the surviving spouse may not recover anything less than one-third of the total amount of the wrongful death settlement or jury verdict.

In some cases when a decedent passes away, the decedent is an unmarried or divorced parent. When that is the situation, and there are surviving children, these children hold the wrongful death claim together.

The experienced team of Lawrenceville wrongful death lawyers at Brauns Law Accident Injury Lawyers, PC can help you determine if you may be eligible to file a wrongful death claim or lawsuit, and if so, will work to pursue compensation for the full value of the decedent’s life and losses.

Wrongful death claims are not the only types of claims that a surviving spouse or another family member can make following the death of a loved one in an accident. In addition to filing a wrongful death claim, the decedent’s survivor may file an estate claim.

As part of an estate claim filed in Lawrenceville, a claimant can recover:

  • Monetary compensation for all of the pain, suffering, and inconvenience that the accident victim endured between the time the accident occurred and the time he or she passed away
  • Monetary compensation for all medical treatment bills that the accident victim incurred between the date of the accident and the time that he or she finally passed away
  • Compensation for all of the funeral expenses and burial costs that the accident victim had to incur as a result of his or her death

Many wrongful deaths occur totally out of the blue. Consequently, the decedent may not leave behind a will at the time of his or her passing. When a decedent has a valid will in place at the time of death, then the decedent dies testate. In most cases, the decedent’s will identifies a spouse or some other close relative as the estate administrator. The administrator is the person who is responsible for bringing an estate claim following the decedent’s untimely death.

When a decedent does not have a valid will in place at the time of his or her passing, then the decedent dies intestate. If there is no will, the State of Georgia’s intestacy laws will be used to determine which of the decedent’s remaining family members can file a claim. In addition to filing a wrongful death claim in your case, the experienced attorneys at Brauns Law Accident Injury Lawyers, PC can assist you with filing an estate claim under the applicable Georgia laws.

When it comes to its wrongful death and estate laws, the State of Georgia is unique from other jurisdictions. Under the laws of many jurisdictions throughout the United States, only personal representatives, administrators, and executors of the decedent’s estate are in a position to file a wrongful death claim. However, in the State of Georgia, this is certainly not the case. The primary reason why this is true is that in Georgia, wrongful death claims and estate claims are two independent legal actions.

Also, unlike other jurisdictions throughout the country, the estate administrator is typically the person who files the estate claim in Georgia. The administrator of the decedent’s estate, in most cases, is a close family member, such as the deceased individual’s surviving spouse. When it comes to wrongful death claims in Georgia, however, it is usually the children, parents, or spouse of the decedent who files the claim.

Finally, in Georgia, a non-relative estate administrator can only file a wrongful death claim on behalf of the decedent if there are no surviving parents, children, or spouse. If damages result from the wrongful death claim by way of a settlement or jury verdict, those damages are held for the benefit of the deceased individual’s next of kin.

In a Georgia wrongful death case, monetary compensation can come from a settlement or a verdict at trial. In the case of a jury trial, it is the members of the jury who decide what, if any, damages they will award in the wrongful death claim.

Moreover, when jurors are deliberating on what damages to award in the case, they are supposed to view the case from the point of view of the decedent. Specifically, jury members can consider all of the activities, places, events, and people that gave the deceased individual’s life some meaning. In addition, they may consider the videos, stories, and photographs presented by the decedent’s loved ones who may testify in open court on the witness stand. After listening to all of the evidence presented, the jurors would then decide the damages.

As part of the estate claim portion, a jury can award expenses related to the funeral and burial of the decedent, as well as damages for all of the pain and suffering that the decedent endured until the time of his or her untimely passing.

Finally, a jury may award compensation for medical procedures, treatment, and bills that the decedent incurred from the time of the occurrence until he or she passed away. Lastly, as part of the estate claim, a jury may decide to award monetary compensation for pre-accident fright that the decedent experienced at the time of the occurrence—when he or she may have realized that death was coming due to the fatal injury.

In wrongful death and estate actions that take place in the State of Georgia, the surviving family members of the decedent have two years from the decedent’s death date to bring a lawsuit for wrongful death damages against the individual or entity who caused the fatal accident. However, in certain instances, this deadline can change.

In cases where a municipality, such as a city, county, or state, is a potential defendant, the deadline can decrease to six months from the date of the decedent’s death. This is because when it comes to municipalities, there are often notice provisions. You must fulfill these notice provisions before ever filing a wrongful death lawsuit in the case.

Moreover, if the wrongful death occurred because of a statutory traffic violation or crime, the two-year wrongful death statute of limitations may be tolled, or put on hold, until the traffic case reaches a final resolution, or six years expires, whichever is shortest. Once that time period runs, the regular two-year wrongful death statute of limitations will start running.

If a person you love died in a serious accident that was caused by somebody else’s negligence, time is of the essence. The knowledgeable and compassionate Gwinnett County wrongful death attorneys at Brauns Law Accident Injury Lawyers, PC are ready to help you pursue much-needed compensation in your wrongful death case.

We help families in their darkest hours seek the financial recoveries they deserve. While this cannot bring your loved one back, it can help your family move forward with financial peace of mind and a sense of justice.