An Alpharetta wrongful death lawyer may be able to help you 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 holding that person legally responsible in civil court.
Call Bader Scott Injury Lawyers today at (404) 888-8888 to talk with a member of our team about your family member’s injury and death. We can evaluate your case and determine if we can take action on your behalf.
Understanding Georgia’s Wrongful Death Statute
Georgia’s wrongful death statute is Georgia Code §51-4. This law 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
- Boating accidents on Lake Lanier, the Chattahoochee River, or other nearby waterways
- Fall accidents
- Drownings and other pool accidents
- Premises liability accidents
- 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.
An Alpharetta wrongful death lawyer 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 Injury Lawyers team today by calling (404) 888-8888.
For a free legal consultation with a wrongful death lawyer serving Alpharetta, call (404) 888-8888
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 damages. 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.
We 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 compensation for damages such as:
- Lost wages, benefits, and other losses of compensation
- Funeral and burial costs
- Medical treatment 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
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 explaining 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.
Alpharetta Wrongful Death Lawyer Near Me (404) 888-8888
Statute of Limitations for Filing a Wrongful Death Lawsuit in Alpharetta
Per Georgia Code §9-3-33, most qualifying family members or personal representatives only have two years in which they can file a wrongful death lawsuit based on their loved one’s accident and death. This 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 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 because the estate has not yet gone through the probate process.
We can help you understand how the statute of limitations applies in your wrongful death claim. If we believe we can take legal action on your behalf and recover compensation, we will handle the 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.
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Learn How a Wrongful Death Attorney in Our Office 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 because of 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 lawyer 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 Injury Lawyers today at (404) 888-8888 for your complimentary case consultation.