Wrongful Death Lawyer in Peachtree Corners, GA

Have you lost a loved one because of someone else’s behavior? If so, you could be entitled to compensation through a wrongful death claim. While no amount of money could ever make up for your loss, it can provide you with the financial stability you need during a difficult time. It can also give you and your departed family member an important measure of justice and accountability.

However, filing a Georgia wrongful death claim is no simple task – especially when you’re still mourning, adjusting to your loss, and trying to move forward. That’s why you should speak with a wrongful death lawyer in Peachtree Corners. An experienced attorney can handle your legal case on your behalf, giving you the time and space you need without compromising your rights to recovery.

At Brauns Law Accident Injury Lawyers, PC, we understand how devastating it is to lose someone you love to a preventable tragedy. Let us support you through this challenging time. Contact our firm today for a free case review with a Peachtree Corners wrongful death lawyer, and we’ll tell you how we can fight for the justice and compensation you deserve.

What Is Wrongful Death?

When someone dies because of another party’s intentional, reckless, negligent, or criminal behavior, Georgia state law gives surviving family members the right to file a wrongful death claim. This allows them to seek compensation for the “full value of the life of the decedent.”

Many survivors struggle financially because of unexpected medical expenses, funeral costs, and loss of income or support. Filing a wrongful death claim allows them to hold responsible parties accountable and demand money for their preventable and tragic losses. For instance, a wrongful death case might compensate survivors for burial expenses and losing the victim’s wages and household help.

Possible Causes of Wrongful Death

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

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.

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.

Limitations on Wrongful Death Cases in Georgia

Georgia law imposes certain limitations on wrongful death cases, including the order in which survivors may bring suit. There are also strict time limits involved. 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.

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.

How Our Peachtree Corners Wrongful Death Attorneys 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

Contact an Experienced Wrongful Death Attorney in Peachtree Corners, GA Today

Have you lost a loved one in Peachtree Corners, GA? Was someone else’s careless, reckless, or otherwise wrongful behavior to blame? If so, Brauns Law Accident Injury Lawyers, PC can help. Contact us today for a free consultation with our Peachtree Corners wrongful death attorneys to learn how we can help during this challenging time.