Albany, GA, Wrongful Death Attorneys
Are You in Need of a Wrongful Death Attorney in Albany, GA?
Losing a loved one is a devastating experience. If your loss was caused by the careless or malicious actions of another person, you have the right to seek compensation and hold the responsible parties accountable for their actions. The experienced Albany personal injury lawyers at Butler Prather LLP will handle your wrongful death claim with respect and compassion. Our lawyers will also help you pursue the resources your family needs at this difficult time.
Understanding Wrongful Death Claims in Albany, GA
A wrongful death claim extends beyond financial compensation—it can help provide justice for your loss and bring peace of mind to family members.
What Constitutes a Wrongful Death in Georgia?
Legal Definition and Requirements
In Georgia, wrongful death is legally defined as the loss of life resulting from the reckless, intentional, or negligent actions of another party. The objective of a wrongful death lawsuit in Georgia is to provide a legal remedy for surviving family members.
Common Causes of Wrongful Death
Georgia wrongful death claims emerge from various scenarios, each illustrating the profound impact of negligence or misconduct. Automobile collisions often stem from reckless driving, speeding, distracted driving, DUI, and other forms of negligent behavior. Meanwhile, motorcycle riders and their passengers are particularly vulnerable to fatal accidents caused by drivers who make careless turns or sudden lane changes.
Additionally, semi-trucks cause catastrophic injuries and fatalities when they crash into pedestrians, motorcycles, and regular passenger vehicles due to their immense size and weight. Trucking and delivery companies that engage in negligent hiring or allow drivers to violate safety laws can be liable for deaths that result.
Medical malpractice is another significant contributor to wrongful death cases. Unfortunately, misdiagnosis, delayed treatment, and other errors can lead to fatal outcomes when hospitals and medical professionals fail to follow standard treatment protocols. Defective products and inadequate warning labels lead to tragic deaths. Butler Prather LLP has won groundbreaking verdicts against major automakers that blatantly refused to address design flaws, such as vehicles with poorly designed combustible gas tanks and trucks with faulty roofs that crushed passengers in rollover accidents.
Businesses, property owners, and landlords who fail to maintain a safe environment for residents and guests can also be liable for premises liability. This includes fatalities caused by inadequate security measures or hazards such as broken stairways and faulty wiring that cause apartment fires.
Who Can File a Wrong Death Claim in Albany, GA?
Eligible Family Members
The right to file a wrongful death claim in Georgia is designated to specific family members of the deceased. Surviving spouses have the primary right to initiate the wrongful death suit. If there is no surviving spouse, the deceased's children are next in line to file the claim. In the absence of both a spouse and children, the deceased's parents may pursue legal action. If none of these relatives are available, an estate representative may file the claim representing the deceased's next of kin.
Why Choose Us Over Other Albany, GA, Wrongful Death Lawyers?
Butler Prather LLP has been getting justice for bereaved family members of wrongful death for over 35 years. We've won record-breaking verdicts and settlements for our clients by taking on some of the most powerful interests in the world. We won't back down to anybody while pursuing justice for your family.
Butler Prather: Wrongful Death Law Firm In Albany, GA
- We've won nine verdicts over $100 million.
- We've won more than 60 verdicts and settlements over $10 million.
- We've won more than 175 verdicts and settlements over $1 million.
- We won a $1.7 billion wrongful death verdict against Ford Motor Company.
- Our firm has successfully represented clients in more than 30 states across the country.
- Our partners are recognized by Super Lawyers based on peer reviews and independent research.
Schedule Your Free Consultation Today
Call (706) 322-1990 to learn more now.
Do I Have a Wrongful Death Case?
For you to prove liability, you must demonstrate that the defendant's negligent or intentional actions directly caused the death of your loved one. When you meet with Butler Prather LLP for your free consultation, our attorneys will review the details of your case and advise you on your legal options for moving forward with your case.
How an Albany, GA, Wrongful Death Attorney Can Help
A lawyer plays a crucial role in a wrongful death case, offering both legal and emotional support to the bereaved family. Butler Prather LLP will handle all the procedural aspects, from filing the lawsuit to meeting court deadlines, ensuring that everything is in compliance with Georgia's legal requirements.
Establishing liability is a fundamental component of any wrongful death case in Albany, GA. Our experienced litigators will conduct comprehensive investigations to establish liability, gathering and preserving critical evidence such as medical records, accident reports, witness interviews, and expert testimonies. When our investigation is complete, Butler Prather LLP will file a claim or a lawsuit against anyone whose negligent action contributed to your loved one's death.
During negotiations, our attorneys will advocate for a settlement that meets your family's needs. If the other side refuses to make a serious settlement offer, Butler Prather LLP is always prepared to fight it out in court. At trial, our lawyers will present a strong case before a judge or jury on your behalf. Butler Prather LLP has an unmatched record of winning substantial verdicts for our clients.
Economic damages in a wrongful death case in Albany, GA, cover tangible financial losses suffered by the victim's family. This may include direct hospital care, medical expenses that the victim incurred before death, and funeral and burial costs. Economic damages aim to alleviate the financial hardships imposed on surviving family members, including the loss of the victim's expected earnings and financial support and the loss of inheritance.
Unlike economic damages, noneconomic damages are meant to account for intangible losses. They encompass the emotional and personal impact that family members suffer, such as loss of love, guidance, and emotional support. In Georgia, the spouse of the deceased has the right to seek damages for loss of consortium, which covers the loss of comfort, compassion, and intimacy of a marital relationship. Noneconomic damages can also address the pain and suffering the surviving family members endured.
Don't Wait: The Statute of Limitations for Wrongful Death Lawsuits
The statute of limitations for filing a wrongful death lawsuit in Georgia is typically two years from the date of the deceased's death. Failure to file within this period generally bars the case from being heard in court, but some exceptions might alter this timeline. For example, if a criminal investigation is linked to the death, the statute of limitations might be paused until the investigation concludes.
After losing a loved one to a wrongful death, prompt legal action is essential for preserving evidence, and you'll want your wrongful death attorney to begin their investigation right away. Otherwise, witness memories may fade, and crucial documents and information could get lost or destroyed.
Some of Our Wrongful Death Case Results
Verdict: $1.7 billion — Hill v. Ford Motor Company
A jury in Lawrenceville, GA, returned a verdict against Ford Motor Company in a case arising out of a fatal rollover wreck that killed Melvin and Voncile Hill. The jury returned a wrongful death verdict, awarding the surviving children $24,030,500 for their pain and suffering in addition to $1.7 billion in punitive damages. The jury apportioned 70 percent of the fault to Ford and 30 percent of the damages against Pep Boys, a tire distributor that mistakenly installed the wrong size, or "load range," tires of the Hills' truck in 2010.
Verdict: $150 million — Hardy v. General Motors Corp. and Capitol Chevrolet, Inc. and Hardy v. General Motors Corp.
Four-and-a-half-year-old Remington Cole Walden was burned alive after the 1999 Jeep Grand Cherokee that he was riding in exploded into flames following a rear-impact collision with a pickup truck. The Grand Cherokee had a defective gas tank that Chrysler knew about; it was located behind the rear axle, only 11 inches from the rear, and hanging 6 inches below the bottom of the car.
Verdict: $105.5 million — Flax v. DaimlerChrysler Corp.
There was a defective front passenger seat in the 1998 Dodge Caravan. Eight-month-old Joshua Flax received a fatal brain injury when the front passenger seat failed rearward, causing the passenger's head to slam into Joshua's head when the family's minivan was hit from behind in a minor rear-impact accident.
What Our Clients Have to Say About Us
C. Willis. "They went above and beyond to help me. Whenever I needed questions, whenever I had to come to the office, they were always there for me. It's just a nice law firm that really [cares] about their clients."
Sarah S. "They did a wonderful job handling my case & I would highly recommend them to others. I was treated with compassion and respect and was extremely pleased with everyone I worked with at the firm."
Bert J. "They take everything to heart. They really do work very well with you, and whatever your decisions are, they stand by them. They're just a great firm[,] and I would recommend them to anybody."
Let Butler Prather LLP Help you Today!
Call our Georgia law firm at (706) 322-1990 to schedule a consultation with one of our experienced lawyers.
Wrongful Death Attorney FAQs
How much does it cost to hire a wrongful death attorney?
There are never any upfront costs when you choose Butler Prather LLP to represent your family in a wrongful death case, and we handle these cases on a contingency fee basis. With this payment structure, a lawyer receives a percentage of the settlement or award when the case is won. This means you won't owe our law firm anything unless we win you a settlement.
A contingency-fee structure offers several advantages to clients, particularly in the emotionally and financially taxing context of wrongful death cases. For example, you are relieved of the immediate financial burden of legal fees, so your family can focus on healing and other pressing matters. This payment arrangement also allows grieving families to have access to top-tier legal representation regardless of their financial circumstances.
What steps should family members take after losing a loved one due to a wrongful death?
When facing the loss of a loved one due to wrongful death, gathering important documents is a top priority. Start by collecting police and incident reports. These contain vital details about what happened. Next, obtain medical records. These documents will provide insights into the care your loved one received and any medical issues involved. The death certificate is another essential document, as it officially records the cause of death. You'll also want to gather pay stubs or financial documents that demonstrate the economic impact of the loss.
As soon as you have collected the necessary documents, you'll want to meet with an experienced wrongful death lawyer as soon as possible. Butler Prather LLP will listen to your story, review your paperwork, and inform you about your options for moving forward with your case.
What factors determine the size of a wrongful death settlement?
The quality of evidence is a major factor in determining the size of a wrongful death settlement. Comprehensive and compelling evidence can significantly impact the settlement amount awarded to grieving families. High-quality evidence provides a clear narrative that supports the claim and ensures the victim's story is conveyed effectively. Collecting and organizing the necessary information requires meticulous attention to detail and a thorough understanding of legal procedures.
Experienced lawyers bring a wealth of knowledge on legal precedents, procedural norms, and negotiating tactics. Their familiarity with the courtroom environment and ability to anticipate legal challenges enables them to build stronger cases. Needless to say, the skills of your wrongful death attorney will significantly influence a wrongful death settlement. They must be able to create a compelling narrative that resonates with judges and juries.
Your attorney must articulate the emotional and financial impact of the loss while maintaining a professional demeanor. Thankfully, Butler Prather LLP has several impressive wrongful death settlements and verdicts under our belt. Our lawyers are extremely skilled at identifying key case strengths and employing them to secure maximum compensation.
When are punitive damages available in a wrongful death case?
Unlike compensatory damages, which address losses suffered by the family, punitive damages focus on the defendant's conduct. These damages are awarded in cases where the defendant's actions are particularly reckless, malicious, or intentional. This distinction is crucial because it sets a higher bar for eligibility. The main purpose of punitive damages is to protect society by discouraging similar conduct in the future and promoting accountability.
Georgia law places a cap on punitive damages at $250,000. However, there are no limitations on punitive damages in product liability cases. There is also no cap on damages in cases where the defendant acted with the specific intent to cause harm. This also applies in cases where the defendant was under the influence of alcohol or drugs other than what had been lawfully administered under the prescription.