Alpharetta, GA, Wrongful Death Attorneys
Are You in Need of a Wrongful Death Attorney in Alpharetta, GA?
It’s devastating to find out that you lost a loved one due to somebody’s senseless behavior. When you’re mourning the loss of a loved one, it’s extremely difficult to deal with the complexities of a wrongful death claim. Finding the right wrongful death lawyer to seek justice on your behalf allows you to focus on other issues during this difficult time.
Understanding Wrongful Death Claims in Alpharetta, GA
Wrongful death laws in Georgia are designed to hold responsible parties accountable and provide financial support to surviving family members.
What Constitutes a Wrongful Death in Georgia?
Legal Definition and Requirements
In Georgia, wrongful death is legally defined as a death caused by the negligent, reckless, intentional, or criminal actions of another party. The plaintiff in a wrongful death case must prove that the defendant’s actions directly caused their loved one’s death. They also have to demonstrate that the surviving family members suffered damages due to their loss.
Common Causes of Wrongful Death
Car accidents are a major cause of wrongful deaths in Alpharetta, GA. DUI, distracted driving, failure to obey traffic laws, and other forms of negligent behavior often lead to the tragic loss of life. For motorcycle riders and their passengers, their lack of protection makes them especially vulnerable to drivers who make unsafe turns, hasty lane changes, or fail to look out for them.
Semi-trucks, which are large and unwieldy, can also cause catastrophic injuries and fatalities when they crash into bicycles, motorcycles, pedestrians, and regular passenger vehicles. Trucking companies must ensure that their employees have safe driving records, and they should also monitor drivers to ensure they’re following federal hours of service (HOS) laws so drivers don’t become fatigued when they’re on the road.
Further, since Georgia is a rural state, deaths caused by farm equipment accidents are far too common. Farm owners and managers must ensure their equipment is in good condition and provide the necessary training to prevent these accidents.
Medical malpractice, another significant source of wrongful death claims, occurs when healthcare providers fail to meet the expected standard of care. However, wrongful death claims can also result from acts of violence, such as robbery and aggravated assault. Additionally, premises liability happens when businesses, landlords, and property owners fail to maintain a safe environment for visitors, residents, and employees.
Who Can File a Wrong Death Claim in Alpharetta, GA?
Eligible Family Members
In Georgia, the law specifies which family members are eligible to file a wrongful death claim. The surviving spouse holds the primary right to initiate the claim. If there is no surviving spouse, the deceased’s children may file the claim. In cases where there are no surviving children, the deceased’s parents can bring forth the claim.
When no immediate family members are available or eligible to file a wrongful death claim, the responsibility falls to the estate’s administrator or executor to act on behalf of the deceased. This individual is typically appointed through the deceased’s will or by the probate court if no will exists.
Why Choose Us Over Other Alpharetta, GA, Wrongful Death Lawyers?
Butler Prather LLP has been helping families cope with the wrongful death of loved ones for over 35 years. We’ve won record-breaking verdicts and settlements for our clients.
Butler Prather LLP: Wrongful Death Law Firm in Alpharetta, GA
- We won a $1.7 billion wrongful death verdict against Ford Motor Company.
- Both partners are recognized by Super Lawyers based on peer reviews and independent research.
- Our firm has successfully represented clients in more than 30 states across the country.
- We’ve taken on some of the largest corporations in the world—and won.
- 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.
Schedule Your Free Consultation Today
Call (706) 322-1990 to learn more now.
Do I Have a Wrongful Death Case?
Everyone has a duty of care to avoid actions that may cause reasonably foreseeable harm to others. For example, when an intoxicated driver gets behind the wheel of a car, they have clearly breached their duty of care. Other negligent actions that lead to a breach of the standard of care include speeding, violating OSHA workplace safety rules, and selling vehicles with known safety defects. During your free consultation, Butler Prather LLP will review your case and advise you on the best way to proceed.
How an Alpharetta, GA, Wrongful Death Attorney Can Help
To build a strong case, an experienced Alpharetta personal injury lawyer will collect and examine the necessary evidence, including witness interviews, expert testimony, physical evidence, forensic evidence, and essential documents. Medical records are a crucial part of a wrongful death claim because they detail the circumstances and cause of death, offering insights into any negligence involved.
Police and incident reports provide an official account of the incident, often containing key details and witness statements. Additional documentation such as texts, emails, customer complaints, and internal company memos provide tangible evidence to validate your claims and establish liability.
In wrongful death cases, damages are awarded to compensate for financial and emotional losses suffered by the deceased’s family. Butler Prather LLP will calculate the damages and file a claim or lawsuit against anyone whose negligent behavior contributed to the death of your loved one.
Economic damages cover the financial losses that the family suffers due to the wrongful death. This may include the loss of income and benefits the deceased would have provided, medical expenses incurred before death, and funeral and burial costs. These quantifiable losses significantly impact the family’s future financial security.
Noneconomic damages address the harm inflicted on the survivors’ emotional and psychological well-being. These damages are meant to address the loss of companionship, guidance, and emotional support. In Georgia, a bereaved spouse is entitled to seek damages for loss of consortium, which covers the intangible benefits of an intimate relationship. Emotional damages can also include compensation for pain and suffering experienced by the family due to the untimely loss.
Don’t Wait: The Statute of Limitations for Wrongful Death Lawsuits
The statute of limitations for filing a wrongful death claim in Georgia is generally two years from the date of the deceased’s passing. However, if the death involved a government entity, much shorter filing deadlines may apply.
Missing these crucial deadlines can result in the forfeiture of the right to pursue legal action and recover damages. But some circumstances can alter this timeline. For instance, if the wrongful death involves a criminal case, the statute of limitations may be paused until the criminal proceedings conclude.
Taking timely action is essential to safeguarding the family’s legal rights and maximizing the potential for a successful outcome in wrongful death cases. Acting with urgency allows your wrongful death lawyer to gather crucial evidence while it’s still fresh.
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 (706) 322-1990
Wrongful Death Attorney FAQs
Are punitive damages available in a wrongful death verdict?
Punitive damages, unlike compensatory damages, are not intended to reimburse the victim’s family for their loss. Instead, their primary purpose is to punish the wrongdoer for particularly egregious conduct and to serve as a deterrent to others. In the context of wrongful death cases in Georgia, punitive damages may be awarded when the defendant’s actions are proven to be willful, malicious, or grossly negligent. This means that the conduct must go beyond mere negligence and demonstrate a blatant disregard for the safety and well-being of others.
What should family members do after the wrongful death of a loved one?
In the aftermath of a wrongful death, collecting and organizing essential documents is the first step in seeking compensation. You’ll want to begin by obtaining the deceased’s death certificate, as it serves as formal proof of death. Next, gather any medical records or reports detailing the cause of death and circumstances surrounding it.
It’s also important to secure any police reports or witness statements related to the event that caused your loved one’s death. Locate any existing insurance policies, including life, health, and auto insurance, and bring them along when you meet with your lawyer. You’ll also want the victim’s pay stubs and employment records.
Does it cost any money to file a wrongful death claim?
It doesn’t cost anything to file a wrongful death claim with Butler Prather LLP. Like most personal injury law firms, we handle these cases on a contingency fee basis. Contingency fees are a payment arrangement between a client and an attorney where the attorney’s fees are only paid if the case is won or settled favorably. Instead of paying upfront or hourly legal fees, the client agrees to give the lawyer a pre-determined percentage of the settlement or court award. This arrangement is particularly beneficial in wrongful death cases, where families may already be facing financial strain due to the loss of their loved one.
Contingency fees offer significant advantages for families pursuing wrongful death claims. They eliminate the need for upfront legal expenses, which can be a barrier for many families already dealing with the financial impact of losing a loved one. Contingency fees also align the attorney’s interests with those of the family because both of you will benefit from a successful outcome. The risk of financial loss is minimized with a contingency fee, and you won’t owe any legal fees if the case doesn’t result in a favorable settlement or verdict.
Do I have to go to trial to win a wrongful death settlement?
Butler Prather LLP is always prepared to go to trial if that is what it takes to get you the money you deserve, but in many cases, we’re able to reach a fair settlement through negotiations between the parties involved. If negotiations are successful, the parties agree on a compensation amount without going to trial. Settlement agreements are documented in writing, and once signed, they are binding. This approach can save time, reduce legal costs, and spare you the emotional strain of a courtroom battle.
What factors determine the size of a wrongful death settlement?
Several elements come into play when determining the size of a wrongful death settlement, including the strength and organization of the evidence, the economic and emotional impact on the surviving family members, and the skill of the legal representation.
Compelling evidence is essential for achieving a favorable wrongful death settlement. This includes medical records, eyewitness accounts, expert testimonies, and any pertinent documentation that can substantiate the claims. The more organized and thorough the evidence, the stronger the case. For example, clear medical reports detailing the cause of death and linking it directly to the incident in question can decisively influence the settlement amount. Evidence such as photographs, video footage, and other visual proof can bolster your case.
Your lawyer’s skill and experience play a major role in the amount of wrongful death settlements. Effective legal representation ensures that all critical evidence is highlighted, witnesses are properly examined, and the emotional and economic impacts on the family are well presented.