Losing someone you love is a painful experience that permanently changes your life. This loss is especially devastating when you know that another person could have prevented your loved one’s death. Someone’s negligent or reckless actions put your loved one in danger and ultimately cost them their life.
Not only is this a difficult time for you emotionally, but you may also be facing a severe financial burden due to a significant loss of income and benefits. You should not have to suffer financial ruin because of another person’s harmful actions. You have the right to fight back after the loss of a loved one, and the Carrollton wrongful death attorneys at Jonathan R. Brockman, P.C. are prepared to help.
Jonathan R. Brockman, P.C. understands that financial support can never bring back the person you love. However, your wrongful death claim can help you provide for yourself after this devastating accident, so you can take the time you need to grieve and rebuild your life.
You only have a limited time to file your wrongful death claim, so you need to take action as soon as possible. Get started on your claim today by contacting Jonathan R. Brockman, P.C. at (770) 205-0933 for a free case evaluation.
Why You Need an Attorney
After the death of a loved one, you may be feeling intense pain, anger, and despair. You may find it difficult just to get out of bed in the morning and manage the stresses of your everyday life. During this painful time, you cannot even contemplate starting a wrongful death claim. However, you only have a limited time to file your claim before you lose the right to seek compensation for this devastating loss.
You need to work with a skilled wrongful death attorney, who can help ensure that you receive justice. Your lawyer will help you through every aspect of your case, and they will take on the stress of gathering evidence, building a claim, and negotiating with the party at fault. Your lawyer understands the complexities of the legal process, and they will do everything in their power to ensure that you receive the greatest compensation possible.
You may be feeling lost and overwhelmed after a loved one’s death. However, when you have an attorney by your side, you do not have to enter this difficult process alone.
Why Choose Jonathan R. Brockman, P.C. to Handle Your Case
Jonathan R. Brockman, P.C. has been fighting for the residents of Carrollton, Georgia, for over 30 years. Our founder, Jonathan Brockman, created this firm to provide high-quality legal service to the people of Georgia, through unparalleled dedication with compassionate counsel. Every attorney at Jonathan R. Brockman, P.C. shares this vision, and we are prepared to do everything in our power to earn your trust and win your case.
Jonathan R. Brockman, P.C. knows that you are seeking our help during one of the most difficult times in your life. We make it a priority to get to know you and the person you lost, so we can create an individualized legal argument that meets your needs. When you work with our firm, you will know that you have an advocate fighting for you, who will not rest until you receive the compensation you deserve.
Understanding Wrongful Death Claims
Wrongful death is a legal term that may apply to an individual whose life was cut short due to a fatal accident. Whenever you lose a loved one, you may experience a deep sense of injustice, no matter the circumstances that caused your loved one’s death. However, you only have legal grounds to file a wrongful death claim if another person’s negligent or reckless actions caused your loved one’s death.
Wrongful death claims can apply to an intentional criminal act that caused your loved one’s death. However, these claims more commonly involve accidental deaths, resulting from careless mistakes or poor decisions.
Although this person did not intend to kill anyone, their behavior ultimately caused another person’s death, and they need to face the consequences. When another person caused a fatal accident, filing a wrongful death claim is the best way to seek justice and protect your financial interests.
What Types of Accidents Are Eligible for a Wrongful Death Claim?
Unfortunately, serious accidents occur every day in Georgia. If an accident injures another person, the victim has the right to seek compensation under personal injury laws. However, if an accident results in the death of someone you love, you can seek a wrongful death claim rather than a personal injury claim.
Although a serious accident can happen at any time and in any location, certain types of accidents are more likely to be fatal than others. Wrongful death claim commonly involves circumstances such as:
- Car, motorcycle, or commercial truck accidents: Drunk driving, texting behind the wheel, and road rage just a few examples of the dangerous behaviors that could cause a fatal accident on the road. Although some collisions are truly unavoidable, if a driver was negligent or reckless, they may be liable for another person’s death.
- Medical malpractice: When medical providers are rushed or inattentive, they can make life-threatening errors. Misdiagnosis, incorrect treatment, or a failure to provide a reasonable standard of care may cause a patient’s condition to worsen and ultimately lead to their death.
- Accidents at work: Employers have a responsibility to maintain a safe work environment for their employees. However, efforts to cut costs or save time can seriously impact worker training and safety.
- Product liability: Poor quality materials and low production standards are common money-saving tactics across many industries. These reckless choices may lead to defective or dangerous products that harm consumers. A company may be legally responsible if their products cause a customer’s death.
These are just some of the many ways that negligent actions and reckless choices may have ended your loved one’s life. Your wrongful death attorney will work with you to determine who is liable for your loved one’s death. They will help you take action against the person or company that caused this fatal accident, so you can seek justice on your loved one’s behalf.
Who Can File for Wrongful Death?
The state of Georgia has strict laws regulating who can file a wrongful death claim. According to the Official Code of Georgia section 51-4-2, after an accidental death, the following people have the power to file a wrongful death claim:
- The administrator of the estate
Under this law, distant relatives and other people who may identify as the next of kin cannot file a wrongful death claim. Furthermore, this code dictates that no matter which party begins the wrongful death claim, the compensation must be divided equally between the spouse and all children.
The laws guiding wrongful death claims are slightly different in the event of a child’s death. Under section 51-4-4 and section 19-7-1, parents may pursue a wrongful death claim for their child as long as the deceased child does not leave a spouse or their own child. A parent may file a claim if their child’s death occurred in utero, during birth, or after the child’s birth. According to the Georgia code, the following people have the power to file a wrongful death claim for a child:
- Biological parents may file a joint claim if they are married and living together
- A single parent may file a claim if their spouse is deceased or if they are divorced or separated
- Parents of adopted children
- Parents of children born outside of marriage
In many cases, understanding who has the right to file a wrongful death claim can be difficult and confusing. Your attorney will use their knowledge and experience in the legal field to help you understand your rights and to determine whether you are eligible to file a claim.
Possible Compensation for Your Wrongful Death Claim
The Official Code of Georgia section 51-4-2 explains that family members of a person killed in an accident may seek compensation for the full value of their loved one’s life. Although it is difficult to place a monetary value on a life, this explanation gives you the power to seek compensation for a wide variety of damages this fatal accident caused.
Most wrongful death claims cover emotional harm as well as current and future financial losses. Although every case is different, your claim may allow you to seek coverage for:
- Medical bills and end-of-life care expenses
- Repair or replacement of damaged property
- Funeral services, burial, or cremation
- Pain and suffering of the decedent
- Emotional trauma
- Loss of future income and benefits
- Loss of consortium
A skilled wrongful death attorney will help you understand the type and amount of compensation that you should expect from your claim. They know the importance of your loved one’s life, and they will help you avoid settling for less than you and your loved one deserve.
Contact Jonathan R. Brockman, P.C. Today
You cannot afford to wait any longer to receive the compensation you need. That is why you need to contact the Carrollton wrongful death attorneys at Jonathan R. Brockman, P.C. as soon as possible.
We offer a free, no-obligation consultation on your case, so you can get to know our team and the legal methods we will use to fight for you. Take the first step by calling Jonathan R. Brockman, P.C. at (770) 205-0933 right now.