Family grieving together

Losing a loved one due to someone else’s wrongful actions is devastating. Such a traumatic event can take an enormous psychological toll on surviving friends and family members as they grieve. If you recently lost someone near to you due to a wrongful death, our hearts go out to you.

At Brauns Law Accident Injury Lawyers, P.C., we understand that a wrongful death lawsuit is probably the last thing you want to deal with after losing someone you love. While you care for your grieving family, our Duluth wrongful death lawyers are standing by to make sure you know your rights and help you pursue justice and legal accountability.

What Is a Wrongful Death Claim?

Under Georgia law, a wrongful death is defined as a homicide caused by the intentional, reckless, negligent, or criminal acts of another person. At Brauns Law Accident Injury Lawyers, P.C., our compassionate Duluth wrongful death lawyers understand that handling the legal aftermath of a wrongful death can be disorienting — so much so that you may wonder whether a lawsuit is worth pursuing at all. Do not be discouraged. David Brauns, an experienced Georgia personal injury attorney, can assist you with all aspects of your wrongful death claim.

What Elements Do I Have to Prove in a Wrongful Death Case?

Legally speaking, a wrongful death lawsuit can be based on multiple theories of liability. Working with an experienced wrongful death attorney is the best way to ensure that the right one is selected given the circumstances of your case.

In most wrongful death cases, wrongful death claims are based on a negligence theory of liability, which requires that you prove by a preponderance of the evidence that the defendant caused the wrongful death by violating their duty of care. That is, you must show that they failed to take reasonable precautions to avoid causing harm to others.

More rarely, plaintiffs can also allege that a wrongful death was caused by an intentional or criminal act. In these wrongful death claims, you must prove that the defendant acted with intent to kill or a disregard for human life. Alternatively, you can prove that the decedent was killed by the defendant while in the process of violating a criminal statute.

Perhaps even more rarely, wrongful death claims can be based on product liability. To successfully bring this kind of wrongful death case, you need to prove that a design or manufacturing defect in a product caused wrongful death. You can also try to prove that the manufacturer or distributor did not give proper notice of certain risks inherent to the product (e.g., they did not provide sufficient instruction in a user manual).

Which Family Members Can File a Wrongful Death Claim?

Georgia law strictly limits who can file a wrongful death claim. The following individuals can file a wrongful death claim seeking compensation for the loss of a loved one:

  • Surviving spouse or children – If the decedent has a surviving spouse, they are first in line to file a wrongful death claim. No matter the number of surviving children, the spouse must receive no less than one-third of the amount recovered in compensation from the at-fault party. If only surviving children bring the action, the compensation will be distributed equally among them.
  • Surviving parents – If the decedent was not married and had no children, their surviving parents are next in line to file a wrongful death claim.
  • Personal representative – If there is no surviving spouse, children, or parents, the personal representative of the decedent’s estate is then eligible to bring a wrongful death claim. The personal representative can be appointed by a will, in which case they are sometimes referred to as an executor, or by a court in the absence of a will, in which case they are sometimes referred to as an administrator.

What Compensation Can I Recover Through a Georgia Wrongful Death Claim?

In Georgia, surviving family members bringing a wrongful death action may recover compensation for the “full value of the life of the decedent.” Importantly, the calculation is not measured from the perspective of surviving family members. Instead, it should be measured “from the decedent’s perspective.” Brock v. Wedincamp, 253 Ga. App. 275, 281-82 (2002). Separately, the governing statute provides that “the personal representative of the deceased person shall [also] be entitled to recover for the funeral, medical, and other necessary expenses resulting from the injury and death of the deceased person.”

Statute of Limitations Governing Wrongful Death Lawsuits in Georgia

The statute of limitations in Georgia gives you two years from the date of wrongful death to file a case seeking compensation from the at-fault party. This may seem like a long time. However, the longer you wait, the less time your Duluth wrongful death attorney will have to investigate your case and build a strong claim on your behalf. Also, remember that the deadline is strictly enforced, and failure to file your case before the deadline passes nearly always results in it being dismissed in court.

In addition to eliminating your right to seek compensation in court, this result will also compromise your leverage in out-of-court settlement negotiations. When the at-fault party realizes that you missed the deadline and therefore cannot sue, they will have no incentive to negotiate with you fairly. The best way to avoid these consequences is to have your case evaluated by an experienced wrongful death attorney as soon as possible after suffering a wrongful death in your family.

Contact a Wrongful Death Attorney in Duluth, GA Today to Learn More

Ultimately, no amount of money can compensate for the death of someone we love. Even so, in the interest of justice and accountability, the law provides an avenue for surviving family members to pursue compensation from the party responsible for wrongful death.

The best way to take full advantage of this legal route toward compensation is by speaking to a wrongful death attorney as soon as possible. The compassionate legal team at Brauns Law Accident Injury Lawyers, P.C., is proud to help injury victims and their families throughout Georgia secure the full and fair compensation they deserve. Contact our Duluth wrongful death lawyer today to schedule a free, no-obligation consultation with an experienced wrongful death attorney in Duluth.