South Fulton, GA, Wrongful Death Attorneys
Are You in Need of a Wrongful Death Attorney in South Fulton, GA?
Nothing could ever prepare you for the pain and heartache caused by the wrongful death of a loved one. But it can be particularly disturbing if you find out that your loved one’s death was caused by another person’s senseless behavior.
You have the right to seek compensation for your loss and suffering. The experienced South Fulton personal injury lawyers at Butler Prather LLP will pursue justice in your loved one’s name by filing a claim or lawsuit against all negligent parties.
Understanding Wrongful Death Claims in South Fulton, GA
In South Fulton, GA, wrongful death claims serve as a crucial legal recourse for bereaved families in recognition of their tragic loss.
What Constitutes a Wrongful Death in Georgia?
Legal Definition and Requirements
In Georgia, the state's legal framework defines wrongful death as an event where an individual’s life is wrongfully taken due to the negligent, reckless, intentional, or criminal actions of another party.
Common Causes of Wrongful Death
Wrongful death claims in Georgia can arise from a variety of circumstances where negligence or misconduct is involved. Events that frequently result in wrongful death in South Fulton, GA, include:
- Automobile accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Medical malpractice
- Workplace accidents
- Acts of violence
- Premises liability
- Negligent security
- Farm equipment accidents
- Pedestrian accidents
Who Can File a Wrong Death Claim in South Fulton, GA?
Eligible Family Members
In Georgia, the right to file a wrongful death claim is determined by state law, which identifies specific family members as eligible claimants. The surviving spouse has the primary right to initiate a claim. If there is no surviving spouse, the claim may be filed by the deceased's children. In the absence of both a spouse and children, the right to file extends to the deceased's parents. In certain cases, an executor or administrator of the deceased's estate may bring forth the claim on behalf of the victim’s next of kin if no immediate family members are available.
Why Choose Us Over Other South Fulton, GA, Wrongful Death Lawyers?
For over 35 years, Butler Prather LLP has been getting justice for family members who have suffered the wrongful death of a loved one. You won’t find a personal injury law firm anywhere in the country with a more impressive track record when it comes to getting justice for grieving families.
Butler Prather LLP: Wrongful Death Law Firm In South Fulton, 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.
- We won’t back down from anybody—our firm has won massive verdicts against some of the largest corporations in America.
Schedule Your Free Consultation Today
Call (706) 322-1990 to learn more now.
Do I Have a Wrongful Death Case?
For you to bring forth a successful wrongful death claim, there must be evidence showing that the death resulted from the defendant's negligence or intentional misconduct. The plaintiffs must also demonstrate that the deceased's death has led to measurable losses, such as financial dependency or emotional support.
When you meet with Butler Prather LLP for your free consultation, our lawyers will review your situation and advise you of your options for pursuing a wrongful death claim.
How a South Fulton, GA, Wrongful Death Attorney Can Help
In wrongful death cases, gathering comprehensive evidence is essential for lawyers. This process begins with collecting all relevant documents, such as medical records that detail the deceased's treatment and cause of death. Police reports provide an official account of the circumstances surrounding the incident, while surveillance or dashcam footage can offer visual evidence.
Wrongful death lawyers also seek out internal documents, emails, and customer complaints when the case involves defective products or negligence by a company. Witness interviews are conducted to obtain firsthand accounts, and expert testimony may be solicited to provide professional insights. The goal is to build a robust case that clearly demonstrates negligence and the resulting damages.
A methodical approach to evidence collection ensures that no detail is overlooked, strengthening the claim. The experienced litigators at Butler Prather LLP leverage our considerable experience and resources to compile.
Filing claims against negligent parties in a wrongful death case requires a strategic and well-informed approach. A South Fulton wrongful death lawyer starts by identifying all potentially liable parties, which may include individuals, corporations, or even government entities. Butler Prather LLP will prepare a detailed claim that outlines the negligence or misconduct that led to the death, supported by the gathered evidence.
Damages are the legal term that applies to a monetary award granted in compensation for a loss or injury. Economic damages in wrongful death claims are quantifiable financial losses suffered as a result of your loved one’s death. These damages aim to compensate the family for the direct financial impact of the death. Economic damages include loss of financial support, which accounts for the deceased's expected future earnings and benefits that would have contributed to the family's financial stability.
Medical expenses incurred prior to death and funeral and burial services costs are also included. Families may also claim loss of inheritance, reflecting the potential estate value the deceased would have accumulated over their lifetime. Calculating economic damages involves a detailed analysis of the deceased's income, employment history, and other financial contributions.
Noneconomic damages in a wrongful death claim are designed to compensate for intangible losses. These damages acknowledge the profound emotional and psychological impact on the surviving family members. Noneconomic damages may encompass the loss of companionship, affection, and guidance the deceased provided. Pain and suffering cover the emotional distress and anguish experienced by the family due to their loss. In Georgia, the victim’s wife is allowed to seek specific dames for loss of consortium, which addresses the impact on the marital relationship, covering the loss of love, comfort, and society between spouses. Calculating noneconomic is a complicated process that requires subjective evaluations of the emotional and relational void left by the deceased.
Don’t Wait: The Statute of Limitations for Wrongful Death Lawsuits
In Georgia, wrongful death claims must be filed within a specific time frame, known as the statute of limitations. Generally, this period is two years from the date of the deceased individual's death, but much shorter filing deadlines apply when the defendant is a government agency. If the death resulted from a crime, the statute of limitations might be paused until the conclusion of the criminal case.
Taking timely legal action is extremely important in wrongful death cases. Taking prompt action allows for preserving critical evidence, which can degrade or disappear over time. Witnesses' memories may fade, and physical evidence can be lost or destroyed. Immediately engaging a wrongful death lawyer ensures that a thorough investigation can be conducted while the evidence remains 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 our firm at (706) 322-1990 today.
Wrongful Death Attorney FAQs
What are the benefits of hiring a wrongful death attorney?
Hiring an experienced lawyer provides grieving families with essential legal guidance. The skilled attorneys at Butler Prather LLP possess in-depth knowledge of the legal system, enabling us to effectively call upon complex statutes and relevant case law. Throughout the legal process, we provide clients with clarity on legal terms and procedures so you’ll understand what’s happening with your case.
Butler Prather LLP knows how to accurately calculate damages in a wrongful death claim to help ensure that your family will receive the appropriate compensation for your loss. By handling all legal paperwork and deadlines, we alleviate the burden on your family, allowing you to focus on healing.
Do I have to go to court to get a favorable wrongful death settlement?
When facing a wrongful death case, it’s important to fully understand your available settlement options. These options typically include negotiating directly with the responsible party or their insurance company outside court. A well-negotiated settlement often serves as an effective resolution in wrongful death cases. A negotiated settlement can offer a faster resolution than you would get by taking your case to trial. They also provide a degree of privacy, as court proceedings are public records.
Avoiding court also reduces legal costs, as trials can be expensive due to lawyer fees, court costs, and other associated expenses. Settling out of court offers more control over the outcome because you aren’t leaving the decision to a judge or jury.
It's important to approach these negotiations with a clear understanding of your rights and the potential value of the claim. If the other side refuses to make a serious settlement offer, going to court could be your best option for winning a fair settlement. An experienced South Fulton wrongful death attorney will help evaluate the compensation you might expect from a settlement versus a court judgment.
How much does it cost to hire a wrongful death attorney?
When you choose Butler Prather LLP to represent your family in a wrongful death case, you won’t owe us anything unless we win you a settlement. We always handle wrongful death cases on a contingency fee basis. These arrangements simplify legal costs for our clients. Under a contingency fee agreement, clients don’t need to worry about upfront payments or hourly billing rates because attorney fees are only collected if the case is successfully resolved. This approach transforms the financial burden of legal costs into a risk-sharing model between the client and the lawyer.
By eliminating the need for immediate payment, contingency fees empower clients to seek high-quality legal representation without the pressure of financial uncertainty. This method is especially beneficial for families who may be facing unexpected expenses following a loved one’s wrongful death.
What factors determine the size of a wrongful death settlement?
Several factors influence the size of a wrongful death settlement, including the quality and presentation of the evidence, the skill of the lawyer, the specific circumstances surrounding the death, and the extent of the family's emotional and financial hardship.
High-quality evidence can substantiate claims and establish a clear link between the defendant's actions and the victim's death. The organization and presentation of this evidence in court can significantly impact the outcome. The skilled attorneys at Butler Prather LLP understand how to craft compelling narratives that align with the evidence so your story will resonate with judges and juries. We also employ visual aids and detailed exhibits to enhance the judge or jury’s understanding of the case and emphasize critical points.
Effective client communication is a vital component of building a strong case. Attorneys who maintain clear and consistent communication build trust, ensuring clients are informed and confident throughout the legal process.