Athens, GA, Wrongful Death Attorneys
Are You in Need of a Wrongful Death Attorney in Athens, GA?
No amount of money could ever make up for the loss of a loved one caused by somebody’s negligent behavior. However, you have the right to seek compensation in these cases. When you work with an Athens personal injury lawyer at Butler Prather LLP, we help you seek justice against the person who caused so much harm to your family.
Understanding Wrongful Death Claims in Athens, GA
What Constitutes a Wrongful Death in Georgia?
Legal Definition and Requirements
According to Georgia statutes, a wrongful death occurs when a person’s death is caused by the negligent, reckless, intentional, or criminal actions of another party.
A wrongful death claim is designed to provide financial compensation to the suffering family and hold the negligent party accountable. It addresses the economic and emotional losses experienced by the surviving family members.
Common Causes of Wrongful Death
Automobile accidents are a leading cause of wrongful death in Athens, GA. These accidents are often the result of distracted driving, speeding, driving under the influence, reckless driving, and other types of negligent behavior. When a motor vehicle accident leads to a fatality, the victim’s family may have grounds to file a wrongful death suit against the responsible party.
Semi-truck collisions have a high fatality rate due to the immense size, weight, and extended stopping distance of commercial vehicles. Filing a wrongful death case for a motor vehicle accident requires a thorough investigation, and more than one party may share liability, including drivers, manufacturers of defective vehicles, and businesses that hire employees with unsafe driving records.
Medical malpractice is another major contributor to wrongful death claims. This results when hospital administrators, doctors, and other medical professionals perform actions that fall outside the generally accepted standard of care. This may include misdiagnoses, surgical errors, administering incorrect medication, or inadequate patient monitoring.
Workplace accidents that result in wrongful death are common, especially in high-risk industries such as construction, mining, farming, roofing, manufacturing, and transportation. These accidents frequently result from unsafe working conditions, inadequate safety measures, or faulty equipment.
Many types of violent crimes can lead to fatalities, including robbery, battery, and aggravated assault. Establishing a wrongful death case in these cases requires proving that the perpetrator’s actions directly led to the victim’s death. Although a criminal conviction can make it easier to pursue a successful Athens wrongful death claim, it is not required to seek justice in a civil court.
Who Can File a Wrongful Death Claim in Athens, GA?
Eligible Family Members
In Athens, GA, the right to file a wrongful death claim is typically reserved for certain family members, as defined by state law. The primary person eligible to file such a claim is the surviving spouse of the deceased. If there is no surviving spouse, the right extends to the deceased’s children. In the absence of a spouse or children, the deceased’s parents may file the claim. In cases where none of the mentioned relatives are available, the estate’s administrator or executor can file the claim, and proceeds would be distributed to the deceased’s next of kin.
Why Choose Us Over Other Athens, GA, Wrongful Death Lawyers?
For over 35 years, Butler Prather LLP has been helping surviving family members after a wrongful death in Athens, GA. You won’t find a more accomplished law firm anywhere in the country.
Butler Prather LLP: Wrongful Death Law Firm in Athens, GA
- We won a $1.7 billion verdict against Ford Motor Company.
- Our firm has successfully represented clients in more than 30 states across the country.
- We’ve successfully litigated against some of the largest corporations in the world.
- 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.
- Both partners are recognized by Super Lawyers based on peer reviews and independent research.
Contact Butler Prather LLP to Learn More Today
Call (706) 322-1990 and schedule a FREE consultation.
Do I Have a Wrongful Death Case?
Certain legal requirements must be met to establish a wrongful death claim. For example, the first step is demonstrating that the defendant’s actions caused the death of your loved one. Understanding the specific circumstances surrounding the death is essential for building a strong case. A wrongful death lawyer will advise you on how to proceed.
How an Athens, GA, Wrongful Death Attorney Can Help
Your lawyer’s responsibilities begin with an initial consultation, where they review essential documents and listen to your story. If you decide to pursue the claim, we will conduct a comprehensive investigation to gather evidence, identify liable parties, and build a compelling case.
The next step is negotiating with insurance companies or opposing parties to secure fair compensation. If the other side refuses to make a serious offer, our attorneys are always prepared to take your case to trial. When our experienced litigators go to court, we build a robust case and argue before a judge or jury, seeking to maximize the verdict.
Economic damages in wrongful death cases are intended to compensate the surviving family members for the financial losses resulting from your loved one’s untimely death. These damages may include a range of quantifiable expenses and losses. Funeral and burial costs are immediate expenses that families face, and these can be recovered in a wrongful death settlement.
The loss of the deceased’s income and benefits, such as health insurance and retirement contributions, can significantly impact the family’s financial stability. Economic damages also account for the loss of future earnings that the deceased would have contributed and any support provided, including childcare and household services. Calculating these damages requires thoroughly assessing the deceased’s earning potential and life expectancy.
Noneconomic damages in a wrongful death case address the intangible losses that surviving family members endure. These damages are meant to recognize the profound emotional impact of losing a loved one. Although placing a dollar value on such losses is challenging, a wrongful death attorney can help articulate the depth of these losses to the court or during settlement negotiations.
The loss of companionship refers to the absence of the deceased’s presence, love, and guidance, affecting the daily lives of their family members. In Georgia, loss of consortium specifically pertains to the deprivation experienced by a spouse, including the loss of affection, physical relations, and emotional support that the deceased provided.
Punitive damages are designed to punish particularly egregious behavior and deter similar conduct in the future. In the context of wrongful death claims in Georgia, punitive damages are awarded when the defendant’s actions are deemed especially harmful or reckless. The court considers whether the conduct was not merely negligent but rose to a level of intentional misconduct or gross recklessness. By imposing financial penalties that go beyond mere compensation, punitive damages underscore the serious nature of the wrongdoing. This legal mechanism serves as a powerful reminder that the justice system holds individuals and entities accountable for actions that result in severe harm or loss of life.
Don’t Wait: The Statue of Limitation for Wrongful Death Lawsuits
The state of Georgia allows two years from the date of the deceased person’s death to initiate a wrongful death lawsuit. Failing to file within this period can result in the loss of the right to seek legal recourse, but this deadline may be extended in some circumstances, such as when you are waiting for criminal proceedings to conclude.
Early involvement of a wrongful death lawyer allows for the preservation of crucial evidence, which can be pivotal in establishing liability and proving the case. As time passes, evidence may be lost, and witness memories may fade, potentially weakening the case.
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
How much does it cost to hire a wrongful death attorney?
Like most wrongful death lawyers, Butler Prather LLP works on a contingency fee basis – we only receive payment if we win you a verdict or settlement. Contingency fee arrangements provide substantial financial advantages for clients pursuing Athens wrongful death claims. This model eliminates the need for upfront payments, allowing families to secure legal representation without worrying about initial costs. Clients don’t have to pay any attorney fees if the case is unsuccessful. This arrangement ensures that lawyers are motivated to achieve the best possible outcome, as their payment depends on the case’s success.
What factors influence the settlement amount in a wrongful death case?
One primary factor is the economic and noneconomic financial losses incurred by the family, including the deceased’s lost wages, benefits, and potential future earnings. The circumstances surrounding the death, such as the degree of negligence or misconduct by the defendant, can significantly affect the settlement. Cases involving gross negligence or intentional harm may lead to higher settlements, especially if punitive damages are considered.
The strength of the evidence presented and the skill of the legal representation can also influence the settlement amount.
What should I do after a loved one’s wrongful death?
Contact Butler Prather LLP to schedule a free consultation. We will review your documents and go over your options for moving forward. Don’t discuss details of your case with friends or on social media because insurance companies might use this information against you. And don’t sign any documents or make any recorded statements for an insurance agent. It’s never a good idea to speak with an insurance company representative unless your attorney is present.
Do I need to go to court to get a fair wrongful death settlement?
Many wrongful death claims are resolved through out-of-court negotiations, which can save time and reduce emotional strain. While court verdicts can sometimes yield higher compensation, settlements often offer a fair and guaranteed amount without the unpredictability of a trial. Having skilled legal representation is crucial in navigating wrongful death settlements. A knowledgeable lawyer can offer objective advice during this emotionally charged time, helping you make an informed decision. They can also advise on whether pursuing litigation is necessary if a fair settlement cannot be reached through negotiation.
What qualities should I be looking for when choosing an Athens wrongful death attorney?
An Athens wrongful death lawyer should possess certain key qualities that instill trust and confidence in their clients. A proven track record is vital when selecting a wrongful death lawyer. This aspect of trustworthiness and reputation ensures that the attorney has successfully handled similar cases, providing clients with confidence in their abilities. Look for a lawyer who can demonstrate a history of favorable outcomes, whether through settlements or court verdicts. Key indicators of a strong track record include positive client testimonials and recognition from legal organizations. Client testimonials serve as powerful indicators of a wrongful death lawyer’s trustworthiness and reputation.
Positive reviews often reflect the attorney’s reliability and integrity in managing wrongful death cases. Testimonials that emphasize a lawyer’s ability to provide both legal experience and emotional support are particularly valuable.
Additional Information
- Chances of Winning a Wrongful Death Suit
- Can You Sue an Estate for Wrongful Death?
- Getting the Right Support After a Wrongful Death | Butler Prather LLP
- How Are Wrongful Death Settlements Calculated?