Alpharetta Wrongful Death Attorney

A Wrongful Death Case Is Worth The Full Value Of The Taken Life. Learn About Your Case So You Can Obtain Full Justice In Wake Of The Horrible Accident…

We are deeply sorry that you have to read this. It means you have had a loved one forever taken from you. Family members are likely experiencing a full range of emotions as they deal with their grief. Some isolate themselves and some accept the taking as God's will. Others use the trauma as a call to action.

Our goal is to assist you in understanding your choices in seeking out a wrongful death lawyer and in determining whether you have a case against the person who killed your family member, and for you to do so in privacy before having to pick up the phone to speak to an attorney. Please take care of yourself and your family's grief first and foremost. Pursuing a lawsuit is a major decision and should only be undertaken once you have regained your footing. But please keep in mind there are laws in Georgia that limit the time in which you can sue another individual and/or a city, county, or the State.

What Exactly Is A Wrongful Death Case?

The death of a loved one from natural causes is usually easier to accept than one who dies from an accidental death. The latter is what the law calls "wrongful death." A death is wrongful when another party's negligence caused it. Negligence simply means that someone failed to use a prudent and reasonable standard of care in their actions, that they either did not act at all in a situation where they should have acted, or that they acted in a way that was not reasonable or prudent for society. While they occur out of situations where normal personal injuries occur, such as: • Car Accidents , truck accidents; • Medical malpractice and nursing home abuse; • Construction accidents; • Defective products or exposure to hazardous conditions; • Electrocution; • At hotels, motels, apartments, and condominiums where crimes can occur and where there should be security in place; • Or other criminal behavior. They are technically complex, both in how you file and how you prove damages.

Georgia law allows you to sue the negligent or guilty party for causing the wrongful death. It is true you can never put a value on someone's life. However the justice system is intended to help you and your family with the financial burdens and consequences of your loss, especially if the deceased was the breadwinner of the family. The law also punishes the other party for wrongfully taking a life.

Understanding a Wrongful Death Lawsuit

A wrongful death case in Georgia is actually two different claims. Your attorney may choose to file both either together or separately for certain strategic reasons. The first case is for medical and funeral expenses, and the pain and suffering the person felt before his/her death. This case belongs to the Estate.

The second case is the case brought under Georgia's wrongful death statute by the deceased's personal representative, usually a surviving family member. This case represents the "full value of the life of the decedent."

Who Can File A Wrongful Death Claim?

Generally the surviving spouse holds the right to sue the other party(ies), but must share the recovery equally with the surviving children. If the deceased is not married, then his/her children hold the claim. If the deceased was not married at the time of death and did not have any surviving children, then the deceased's parent(s) have the claim. Parents can sue for the death of their children, children for the death of a parent, and a surviving spouse for the loss of their companion. If none of the forgoing is available to bring the suit, the Administrator of the estate can sue on behalf of the next of kin.

What Damages Are Available In An Atlanta Wrongful Death Case?

As noted above, a wrongful death usually results in two distinct claims. The Estate is entitled to medical and funeral expenses. This is relatively straightforward and bills are usually the only evidence that is required. The Estate is also entitled to pain and suffering from the time of accident until death. Defense lawyers always attempt to find evidence to shorten the time of suffering. As callous as it is, they will use autopsies and the facts to argue the person died "instantly" or was rendered unconscious such that they did not feel any pain or suffering.

Defense attorneys also fight over the consciousness of the deceased to avoid punitive damages. Punitive damages are just like it sounds, damages intended to punish the wrongdoer. Unfortunately, Georgia only permits punitive damages in a wrongful death case where the death was not instantaneous. This is one area your attorney should aggressively investigate. For example, even though there may not be any witnesses to a car accident, swerving skid marks may indicate the driver had enough time to perceive and attempt to avoid impact, thereby proving he/she knew what was happening.

The other claim, and usually the bigger sum, is the case for the value of the decedent's life. Georgia is unique in that it measures the value of the person's life from the decedent's perspective. It is as if the person survived the injury but is totally and permanently disabled. Unfortunately, this means family members are not entitled to solatium, grieving or mental suffering because it is as if the person is still alive.

The full value of a person's life is the sum of two different components. The first is the decedent's economic value over a normal life expectancy. What this means is that an economist will take a person's income and project it out over the normal life expectancy of a similar person. This gives you the total amount of money the person would have earned over the course of their life. A good attorney will retain a reputable economist who will take into account bonuses, benefits, and raise for someone who was working. An economist can also examine the value of losing your stay-at-home mom by calculating the value of services she provided to the household.

The economist will then reduce this amount by what is known as "present value." Present value is simply a calculation where a lifetime of earnings is worth today. Obviously the two biggest factors in determining this number are the annual salary of the person and the age of the person. Where a child dies, it is up to your attorney to argue what he/she would have become in life and then the jury decides the number.

The second component of a person's life is the intangible element incapable of exact proof. The word intangible should clue you in that there is no real calculation for determining this amount. It is used to represent the destruction of someone's society, advice, and companionship.

How Long Do You Have To Think About Filing a Wrongful Death Lawsuit?

The deadline someone has to file a lawsuit is known as the statue of limitations. The time limit for filing a wrongful death claim is usually two (2) years from the date of death. There are exceptions however. There are certain situations where the clock is paused thereby giving you more than two (2) years. You should never risk waiting however, and the best course of action is to retain an attorney as soon as possible.

In addition to making sure you file before the deadline, retaining an attorney as early as possible will strengthen your case. First, some cases are document intensive, such as trucking deaths and DUI deaths. Trucking companies are only required to retain certain records for six (6) months and some may destroy the records after that time. In several DUI death cases where our client has sued the owners of bars for over-serving drivers, credit card receipts and video surveillance tapes have been crucial to proving the case. Your attorney should immediately jump into action and send formal notices to all parties with documents that all evidence must be preserved.

Additionally, there is a very short (6 to 12 months depending on the entity) time period that you must notify the State, or any county, city, or municipality of your intent to sue them. If you fail to meet this deadline, you may lose the ability to sue one of the responsible parties.

DO NOT RELY ON ANYONE EXCEPT AN EXPERIENCED WRONGFUL DEATH LAWYER TO GUIDE YOU IN DETERMINING HOW MUCH TIME YOU HAVE TO FILE A LAWSUIT.

What Can I Expect From The Other Lawyer?

The first thing a defense attorney will go after is to say that it was not his/her client's fault. They will look to find a third party to blame or, even worse, blame the person who died for contributing to his/her own death. There are certain facts where a defense attorney should not attempt to take this route, such as when a tractor-trailer rear-ends a car. If he/she does, then your attorney should quickly and assertively file a Motion with the Court seeking sanctions and penalties for a frivolous defense.

The other side may also attempt to find a legal loophole to argue they are not responsible as a matter of law. For example, suppose an employee makes a detour from a work assignment to go on a personal errand when he collides with and kills someone. His employer, who your attorney should be suing, will attempt to argue that its employee was not working at the time and that they should be dismissed as a matter of law. The defense attorney will file a motion asking the Court to dismiss it and to not let the jury decide. This is called a Motion for Summary Judgment. This is where it pays to have an attorney who was once defended insurance companies. Such an attorney will be able to, from the minute he/she takes your case, proactively plan and strategize to make sure these attempts fail because they know what the other side is looking for to support its Motion.

Even where a defendant admits liability (i.e. admits they were to blame), the defendant's attorney will always, always, always dispute how much money the case is worth. Defense attorneys will investigate your loved one's life and comb through their medical records attempting to find prior transgressions and pre-existing medical conditions to reduce damages. The defense attorney will attack your economist's numbers, arguing they are just generalizations and no one can predict how long someone would have lived but for the accident.

Facts You Need To Know About Wrongful Death Cases:

• Wrongful death actions are civil lawsuits that do not bring any criminal charges against the defendants (but a separate criminal case may also occur simultaneously).
• In Georgia, there are actually two (2) separate claims for wrongful death: 1. The 1st claim belongs to the estate for medical & funeral expenses as well as the pain and suffering the person felt before his/her death; 2. The 2nd claim is for the "full value of the life of the decedent" and usually belongs to a family member.