Augusta, GA, Wrongful Death Attorneys
Are You in Need of a Wrongful Death Attorney in Augusta, GA?
Losing a loved one is tremendously difficult, and your pain is likely intensified when their death is caused by the wrongful action of another party. Nothing could ever make up for your loss, but survivors in Augusta, GA, have the right to file a wrongful death claim. Butler Prather LLP will sit down with you and review your options for seeking compensation to cover the loss of support and other expenses.
Understanding Wrongful Death Claims in Augusta
What Constitutes a Wrongful Death in Georgia?
Legal Definition and Requirements
In Georgia, a wrongful death claim may be filed when a loved one’s death results from the negligence, recklessness, or intentional misconduct of another party. Everyone has a duty of care to avoid actions that could cause reasonably foreseeable harm to another person. To establish a wrongful death case, the plaintiff must demonstrate that the defendant owed a duty of care to the deceased and that duty was breached. The plaintiff must also prove that the defendant’s actions caused your loved one’s death.
Common Causes of Wrongful Death
Wrongful death claims can arise from various situations where negligence or intentional harm results in a fatality. In Augusta, GA, several instances can serve as examples of wrongful death cases. For example, a fatal car accident caused by a drunk driver can lead to a wrongful death suit. A truck accident resulting from a fatigued or improperly trained driver also qualifies.
Workplace accidents, such as those involving heavy machinery without proper safety protocols, can be grounds for a wrongful death claim. Medical malpractice, where a healthcare provider’s negligence results in a patient’s death, is another example. Violent crimes, including shootings or assaults, can also lead to wrongful death claims.
Who Can File a Wrongful Death Claim in Augusta, GA?
Eligible Family Members
In Georgia, the right to file a wrongful death claim is typically reserved for specific family members. The law prioritizes the surviving spouse, who has the primary right to initiate the claim. If there is no surviving spouse, the deceased’s children can file the claim. In the absence of a spouse or children, the deceased’s parents are eligible to file. If none of these relatives are available, the estate’s administrator or executor may file a wrongful death suit on behalf of the next of kin.
Why Choose Us Over Other Augusta, GA, Wrongful Death Lawyers?
For over 35 years, Butler Prather LLP has been getting justice for accident victims in Augusta, GA. We have an unmatched record of success.
Butler Prather LLP: Wrongful Death Law Firm in Augusta, GA
- We won a $1.7 billion 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.
Call Butler Prather LLP to Learn More Today
Call (706) 322-1990 to schedule a FREE consultation with one of our wrongful death lawyers in Augusta, GA.
Do I Have a Wrongful Death Case?
Finding out if you have a wrongful death case requires determining whether the death resulted from negligence, recklessness, or intentional harm by another party. The next step is confirming that you are an eligible family member under Georgia law—such as a spouse, child, or parent. Butler Prather LLP will provide clarity and guidance and ensure all legal requirements are met.
How an Augusta, GA, Wrongful Death Attorney Can Help
Butler Prather LLP will investigate the accident that led to the death. This process involves gathering and analyzing evidence to establish liability and build a strong case. Our experienced litigators will collect important documents such as police reports, medical records, and witness statements. Butler Prather LLP may consult with experts, including accident reconstruction specialists and medical professionals, to provide authoritative opinions on the cause of death and the negligence involved.
Identifying the responsible parties in a wrongful death case requires a thorough investigation of the circumstances surrounding the death to establish liability. Liable parties could include individuals, corporations, or government entities whose actions or negligence contributed to the fatal event. As soon as our investigation is complete, Butler Prather LLP will file a claim or a lawsuit against anyone liable for your loved one’s death.
Negotiating fair compensation is a pivotal aspect of a wrongful death claim. During negotiations, the plaintiff’s lawyer presents a compelling case to insurance companies or opposing counsel backed by solid evidence and expert assessments. The goal is to reach a settlement that reflects full impact of the family’s losses.
If negotiations stall or fail to yield a reasonable offer, Butler Prather LLP is always prepared to take your case to trial. In Augusta, GA, this process begins with the filing of a lawsuit and proceeds through several stages, including discovery, pre-trial motions, and ultimately, the trial itself.
During discovery, both parties exchange evidence and gather testimonies to build their cases. Pre-trial motions may be filed to resolve certain issues before the trial begins. At trial, the wrongful death lawyer presents a well-prepared case, using evidence and expert witness testimonies to argue for the plaintiff’s right to compensation. A seasoned lawyer’s courtroom experience and strategic judgment are crucial in navigating this complex process, maximizing the chances of a favorable verdict for the bereaved family.
Economic damages in a wrongful death claim refer to the quantifiable financial losses suffered due to the death of a loved one. These damages are meant to compensate the surviving family members for the support they would have received if the deceased had lived. This may include:
- Loss of future earnings
- Loss of financial support
- Loss of household services
- Medical expenses incurred before the victim’s death
Noneconomic damages in a wrongful death case are intended to compensate for the intangible losses that surviving family members experience. Unlike economic damages, noneconomic damages encompass emotional and psychological harm caused by your loss.
Common noneconomic damages include:
- Loss of companionship addresses the emotional pain of losing a loved one who provided comfort and support.
- Loss of consortium, which is only available to spouses in Georgia, covers the loss of marital benefits, including affection and comfort.
- Loss of emotional support acknowledges the profound emotional toll a wrongful death can have.
Don’t Wait: The Statue of Limitation for Wrongful Death Lawsuits
In Georgia, the statute of limitations for filing a wrongful death claim is generally two years. However, exceptions like an ongoing criminal investigation may alter this deadline.
You’ll want to find a wrongful death lawyer who can begin right away. Early consultation allows the lawyer to start their investigation while the evidence is 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!
Schedule Your Free Consultation Today
You can reach us by calling (706) 322-1990.
Wrongful Death Attorney FAQs
What Should I Do After a Loved One’s Wrongful Death?
After the wrongful death of a loved one, gather and secure all relevant documents, including the police report, medical records, and any correspondence related to the incident. Then, contact an Augusta personal injury attorney as soon as possible. An experienced lawyer will guide you through the legal process, from filing the claim to pursuing a wrongful death settlement.
Don’t discuss details of your case with friends or on social media because this can be used to weaken your claim. Never sign any documents without consulting your attorney, and don’t make any recorded statement for an insurance agent. It’s best to let your lawyer handle all communications with the insurance agent.
How Long Does a Wrongful Death Case Take?
The length of a wrongful death case in Georgia can vary greatly, as it is influenced by several key factors. Settlements can be beneficial because they provide a quicker resolution and reduce the emotional toll of a prolonged court battle. The defendant may decide to settle before a trial begins. If not, the trial could last for several months. Typically, cases involving multiple defendants or intricate legal issues take longer to resolve. Gathering comprehensive evidence and securing witness testimonies are essential steps that require time.
The unwillingness of parties to negotiate a settlement can prolong the legal process. If the defendant agrees to a reasonable settlement, negotiations can occur at any point, potentially leading to a quicker resolution.
How much does it cost to hire a wrongful death attorney?
Butler Prather LLP handles wrongful death cases on a contingency fee basis. That means we only receive payment if the case is won or settled. This arrangement allows families to pursue justice without upfront legal costs. It’s essential to discuss all potential fees and expenses with your lawyer at the outset to ensure transparency and avoid any surprises. This financial understanding helps families focus on their case, knowing their legal representation is aligned with their success.
Contingency fee arrangements offer significant benefits to families pursuing wrongful death cases in Georgia. This arrangement makes high-quality legal representation accessible to families regardless of their financial situation. Contingency fees incentivize attorneys to work diligently and efficiently, as their payment depends on the case outcome. This model also provides peace of mind, allowing families to focus on their emotional and personal recovery without the stress of mounting legal bills.
What qualities should I look for in a wrongful death attorney?
The first thing you’ll want to find out about a potential lawyer is how much experience they have in handling wrongful death cases. A strong track record of successful settlements and verdicts indicates their ability to secure fair compensation. Communication skills are also vital—our attorney must be able to explain legal concepts clearly and keep you informed throughout the process. Compassion and empathy are equally important because dealing with a wrongful death case requires sensitivity to your emotional needs.
What questions should I ask a wrongful death attorney before hiring them?
It’s important to ask about their strategy for achieving a successful outcome. This will clarify how they will advocate for you. It’s also essential to discuss the firm’s policy for communicating with clients. That means inquiring about how often they will update you on the progression of your case and who will be your primary point of contact. This ensures that you remain informed and can easily reach out with questions. If the firm is vague on this point, it could be a serious red flag. Butler Prather LLP always has time for our clients. You’ll also want to ask about the attorney’s fee structure so you won’t be surprised by any hidden costs.