Sandy Springs, GA, Wrongful Death Attorneys

Are You in Need of a Wrongful Death Attorney in Sandy Springs, GA?

Losing a loved one is a painful tragedy, and the impact can feel even more overwhelming when you discover that your loved one's death was caused by a senseless act of negligence. That's why it's extremely important to find a wrongful death lawyer who will handle your case with respect and professionalism. The trusted Sandy Springs personal injury attorneys at Butler Prather LLP will give you the room you need to grieve while we seek justice for your family.

Understanding Wrongful Death Claims in Sandy Springs, GA

Wrongful death laws in Georgia allow you the right to seek compensation by holding responsible parties accountable for your loss.

What Constitutes a Wrongful Death in Georgia?

Legal Definition and Requirements

In Georgia, wrongful death is legally defined as a death caused by the reckless, negligent, or intentional act of another person or entity. According to the Official Code of Georgia Annotated (O.C.G.A) § 51-4-2, a wrongful death suit can be filed when a person's death is the result of a breach of duty that's owed by the defendant.

Common Causes of Wrongful Death

Wrongful death cases in Georgia may be caused by several types of situations where negligence or intentional harm leads to a fatality. Common examples include:

• Car Accidents. Speeding, reckless driving, DUI, distracted driving, and failure to obey traffic laws can all result in fatal collisions.
• Truck Accidents. Due to the size and weight of commercial vehicles, truck accidents are often deadly. Trucking and delivery companies must provide adequate training, oversight, and vehicle maintenance to ensure a safe fleet.
• Defective Products. Faulty manufacturing or design flaws in products can lead to fatal injuries. The major automobile companies have a tragic history of neglect when addressing hazardous vehicle defects.
• Medical Malpractice. Medical professionals are required to meet the standard of care. Errors, incompetence, or negligence frequently result in patient deaths.
• Premises Liability. Unsafe conditions on properties, such as broken stairways and inadequate security, lead to numerous fatal events every year.
• Violence. Intentional acts of violence, including robbery, aggravated assault, and shootings, are a major cause of wrongful death cases.

Who Can File a Wrong Death Claim in Sandy Springs, GA?

Eligible Family Members

In Georgia, the right to file a wrongful death suit is typically granted to specific family members of the deceased. According to state law, the hierarchy for eligibility is:

1. Spouse: The surviving spouse has the primary right to file a wrongful death claim. If the couple has minor children, the spouse must also represent their interests.
2. Children: If there is no surviving spouse, the deceased's children can file the claim.
3. Parents: In the absence of both a surviving spouse and children, the deceased's parents are eligible to file.
4. Estate Representative: If none of the above are available, a representative of the deceased's estate can file the wrongful death claim on behalf of the next of kin.

Why Choose Us Over Other Sandy Springs, GA, Wrongful Death Lawyers?

For over 35 years, we've been getting justice for the families of wrongful death victims. We've won substantial verdicts and settlements for our clients, and you won't find a more successful wrongful death law firm anywhere in the country.

Butler Prather LLP: Wrongful Death Law Firm In Alpharetta, GA

• We won a $1.7 billion wrongful death verdict against Ford Motor Company.
• 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.
• 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.
• Our partners are recognized by Super Lawyers based on peer reviews and independent research.

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Call (706) 322-1990

Do I Have a Wrongful Death Case?

The first step in pursuing a successful claim is contacting an experienced wrongful death attorney. When you meet with Butler Prather LLP for your free consultation, we will review your case and advise you on the best way to move forward with your case.

Prevailing in a wrongful death case requires demonstrating that a death occurred due to the defendant's negligent, reckless, or intentional actions. The claim must also establish that damages were incurred by the family due to the loss.

How a Sandy Springs, GA, Wrongful Death Attorney Can Help

Navigating settlements and trials in a wrongful death case requires the knowledge of a seasoned lawyer. Bulter Prather LLP will investigate the circumstances surrounding your loved one's death, and then we'll file a claim or a lawsuit against anyone whose negligence contributed to your tragic loss.

In most cases, your wrongful death attorney will work to negotiate a wrongful death settlement with the defendant's insurance company. This involves presenting a compelling case to the opposing party that emphasizes the strength of the evidence and the full extent of damages incurred.

If a favorable settlement cannot be reached, Butler Prather LLP is always prepared to take your case to trial. This requires meticulous preparation, including developing a strategic legal argument and effectively presenting evidence and witness testimonies.

Economic damages in a wrongful death case refer to the quantifiable financial losses resulting from your loved one's death. These damages are intended to compensate the deceased's family for the monetary contributions the deceased would have provided. Economic damages include loss of financial support, loss of potential inheritance, and the value of services the deceased would have offered.

Medical expenses incurred prior to death and funeral and burial costs are also recoverable in a wrongful death claim. Calculating these damages requires a detailed assessment of the deceased's earning potential, employment benefits, and other financial contributions. Experts such as economists or financial analysts may be called upon to accurately appraise the family's future financial losses.

Non-economic damages in a wrongful death case are meant to address the intangible losses suffered by the deceased's family. These losses are difficult to quantify because you can't put a price tag on the companionship, emotional support, and guidance a person provides to their loved ones.

Families can also seek damages for grief and emotional distress. In wrongful death cases, spouses are entitled to pursue specific damages that reflect their unique loss. One such consideration is the loss of consortium, which encompasses the affection, comfort, and intimate relationship the deceased provided.

Don't Wait: The Statute of Limitations for Wrongful Death Lawsuits

In Georgia, the statute of limitations for filing a wrongful death suit is generally two years from the date of the deceased's death. Some exceptions can alter this timeframe. For instance, if the wrongful death involves a criminal case, the statute of limitations may be paused until the criminal proceedings are resolved.

Taking timely legal action in a wrongful death case is essential for several reasons. Cases involving public entities or government bodies will have much shorter filing deadlines, so you'll want to contact your wrongful death lawyer immediately.

Over time, witness memories may fade, and critical documents or physical evidence might be lost or destroyed. Promptly engaging an attorney enables them to perform a comprehensive investigation while the evidence remains fresh.

Some of Our Wrongful Death Case Results

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.

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.

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 to learn more now.

Wrongful Death Attorney FAQs

What factors determine the size of a wrongful death settlement?

The strength of the evidence submitted can significantly influence the settlement or verdict that surviving family members receive. Powerful types of evidence include medical records, expert testimonies, and eyewitness accounts. Comprehensive documentation of the circumstances leading to the wrongful death helps build a solid case. The experienced litigators at Butler Prather LLP excel in gathering and presenting robust evidence to demonstrate a direct link between the defendant's negligent behavior and your loved one's untimely demise.

The impact that the death of a loved one has on surviving family members is another important factor in determining the size of a wrongful death settlement. If the case goes to trial, the judge or jury will consider the emotional distress and financial burdens resulting from your loss.

When are punitive damages available in a wrongful death case?

In Georgia, punitive damages are not automatically awarded in every wrongful death case. The legal criteria focus on the nature of the defendant's conduct. For these damages to be considered, the plaintiff must demonstrate that the defendant's actions were willful, malicious, or exhibited a reckless disregard for the rights and safety of others. This threshold is intentionally high, ensuring that punitive damages are reserved for the most egregious cases. The plaintiff bears the burden of proof, which means presenting clear and convincing evidence of the defendant's reprehensible behavior. Punitive damages in Georgia are capped at $250,000, except in cases involving product liability or when specific intent to cause harm can be proven.

How much does it cost to hire a wrongful death attorney?

With Butler Prather LLP, there are no upfront costs, and we won't charge you anything unless we win you a settlement. Like most personal injury law firms, we hand wrongful death cases on a contingency fee basis. Under this arrangement, the lawyer's payment is contingent upon winning the case. If our law firm successfully secures a settlement or court award, we will receive a predetermined percentage of the compensation.

A contingency fee arrangement allows surviving family members access to experienced legal representation regardless of their financial situation. Because the attorney's payment depends on prevailing, they have a strong incentive to only take on winnable cases. A contingency fee arrangement eliminates the financial risk for the victim's surviving family members.

What steps should family members take after losing a loved one due to a wrongful death?

Gathering essential documents is a crucial first step in pursuing a wrongful death claim. You'll want to begin by collecting the death certificate, which officially records the cause of death. Medical records are also important because they provide detailed information about the treatment and circumstances leading to the death. It's also necessary to collect any police or incident reports that may pertain to the case. These reports often contain key details and witness statements that can be instrumental during legal proceedings. Financial records, such as income statements and tax returns, provide essential information for evaluating lost earnings and calculating fair compensation.

The experienced wrongful lawyers at Butler Prather LLP can provide invaluable guidance. During your initial consultation, you can inquire about our track record, including past settlements and verdicts. We will provide a clear outline of the legal process, potential timelines, and the type of compensation available.