An Alpharetta wrongful death lawyer may be able to help you and your family seek compensation for your losses following the death of an immediate family member. If a loved one died because of another person’s negligent actions, Georgia law may support you in holding that person legally responsible in civil court. You may be able to recover compensation for medical bills, lost income, pain and suffering, and more.
Call Bader Scott Injury Lawyers today to talk with a team member about your family member’s injury and death. We can evaluate your case and determine if we can take action on your behalf. Our Alpharetta personal injury lawyers are here to help your family through this difficult time.
Understanding Georgia’s Wrongful Death Statute
Georgia’s wrongful death statute, O.C.G.A. § 51-4-2, allows specific surviving family members or a qualifying representative of the estate to take legal action following a negligent accident where the victim loses their life. This could include a wide variety of accident types, including:
- Car accidents on Milton Ave or other streets within the city
- Pedestrian accidents in parking lots and parks
- Truck accidents on U.S. 19 or another road
- Boating accidents on Lake Lanier, the Chattahoochee River, or other nearby waterways
- Fall accidents at a local store, like Publix or other places
- Drownings and other pool accidents
- Premises liability accidents
- Dog attacks
- Medical malpractice
- Defective product injuries
- Criminal acts
- Recreational and sports accidents
In any case, when the victim could file a personal injury lawsuit had they survived, their surviving family members can likely pursue damages following their death. Only certain family members qualify to do so, however. Under the Georgia wrongful death statute, this includes:
- Their spouse, with or without minor children
- Their surviving children
- Their parents, if there is not a surviving spouse or children
- A representative of the estate, if necessary
When a representative of the estate plans to pursue this type of legal action, it must be in the absence of any other qualifying family members. The damages recovered will differ somewhat, not including the specific and intangible losses normally suffered by a spouse or children.
The proceeds from this action will go into the estate and will be distributed according to the will, estate plan, or court-determined plan. The personal representative must be the party named in the victim’s estate plan or named during the probate process.
A wrongful death lawyer in Alpharetta may be able to help you pursue a wrongful death case if you qualify. Let our legal team review your loved one’s accident and determine if you meet the criteria. You can speak to a member of the Bader Scott team today about the specific details of your case.
For a free legal consultation with a wrongful death lawyer serving Alpharetta, call (404) 888-8888
Alpharetta Wrongful Death FAQs
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An Alpharetta wrongful death attorney from Bader Scott is here for you and your family during this challenging time. We understand how difficult it can be to talk about your loved one’s accident and death. Many of our clients worry about having to relive these things in court during a trial. However, our compassionate team is here to guide you through the process and fight for justice on your family’s behalf.
Our attorneys have decades of combined experience handling cases like yours. We know how to navigate the process and build a compelling case. We will manage your legal case while you focus on mourning your lost loved one and spending time with surviving family members.
To prove how the at-fault party was negligent in your loved one’s death, will present evidence for the following criteria:
- Duty of care: The other party’s responsibility toward your loved one’s safety
- Breach of duty: The other party’s action or inaction that deviated from their responsibility
- Causation: The other party caused an accident and took the life of your loved one
- Damages: The hardships your family now has due to the loss of your loved one
The evidence we would seek in wrongful death cases may include the following:
- Medical records
- Incident and police reports
- Photographs and videos
- Physical evidence
- Witness statements
- Expert testimony
Our Alpharetta wrongful death lawyers will handle every aspect of your case for your family’s peace of mind.
Alpharetta Wrongful Death Lawyer Near Me (404) 888-8888
An Alpharetta Wrongful Death Attorney Can Manage Your Case On Contingency
We represent our clients on a contingency fee basis. As personal injury attorneys, we do not ask our clients to pay upfront fees or retainers. Instead, we use our law firm’s resources to pursue the maximum compensation in your family’s case. Then, our attorney’s fees come from the settlement or court award you win. If we do not win, we will not get paid.
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Recoverable Damages in a Wrongful Death Case
We will seek monetary recovery for you following the death of your loved one, including both financial losses and intangible ones. Depending on the facts of your case, this could include both the damages your family member could have recovered on their own if they survived, as well as the losses sustained by you and other immediate family members.
Our personal injury lawyers will document the recoverable damages and put a fair value on your case. We will use this value for negotiations with the insurance company or attorney representing the negligent party who caused your family member’s fatal injuries. This could include fair compensation for damages such as:
- Lost wages, benefits, and other losses of compensation
- Funeral expenses and burial costs
- Medical expenses for the care your loved one received
- Loss of services your loved one performed at home
- The conscious pain and suffering your family member endured after the accident but before their death
- Loss of companionship
- Loss of love, guidance, and support
- Other intangible losses you suffered because of your loved one’s death
Your family’s wrongful death case could also qualify you to receive punitive damages. A judge or jury would award these damages if the actions of the defendant were particularly heinous, showing little regard for the well-being of others.
However, it is important to note that you will only qualify for the damages the qualifying family members endured. For example, if there are no children, you will not be able to recover damages for loss of parental support. If a representative of the estate pursues wrongful death damages, only the damages suffered by the victim, along with funeral and burial costs, are recoverable.
Our legal team will explain what damages we uncover and will pursue in your wrongful death claim, as well as explain the fair value of the case based on our calculations. This will only be possible after we complete our investigation into your loved one’s fatal accident and injuries.
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Statute of Limitations for Filing a Wrongful Death Lawsuit in Alpharetta
Per O.C.G.A. § 9-3-33, most qualifying family members or personal representatives only have two years in which they can file a wrongful death lawsuit with the Fulton County courthouse based on their loved one’s accident and death. This deadline includes the time it takes to investigate the accident, build a case, and negotiate with the insurance company representing the negligent party when possible. Only then will we file a wrongful death lawsuit if it is necessary.
The clock begins ticking against you on the date of your loved one’s death, and only rarely are there exceptions to the 24-month timeline. One of the most common exceptions is that the estate has not yet gone through the probate process.
We can help you understand how the statute of limitations applies to your wrongful death claim. If we believe we can take legal action on your behalf and recover financial compensation, we will handle the legal process based on contingent fees. You will not need to pay anything out of your pocket to file a claim or civil suit against the liable party. Contact our office today to get started.
Learn How an Alpharetta Wrongful Death Attorney Can Help You Pursue Compensation
It is often difficult to move forward after the death of a loved one, both because of the emotional pain and financial losses you sustained. While we cannot end your mourning, we may be able to help you focus on time with your family instead of worrying about how to pay bills and cover losses.
An Alpharetta wrongful death attorney may be able to represent you, filing a wrongful death civil action on behalf of you and other immediate family members who lost a loved one. To learn if you are eligible, call Bader Scott today or complete a Free Case Evaluation form for your complimentary case consultation.
Call or text (404) 888-8888 or complete a Free Case Evaluation form