Losing a family member due to someone else’s carelessness or reckless behavior is a devastating experience. Beyond the immense emotional grief, surviving family members often face sudden financial hardship, including funeral costs and lost family income. When a death is preventable, understanding your legal rights is a critical step toward securing answers and justice.
You deserve a clearer understanding of what happened and whether someone can be held responsible. Our personal injury lawyers at Jonathan R. Brockman, P.C. can review the circumstances, answer your family’s questions, and explain whether Georgia law allows a wrongful death claim.
Request a free consultation with our College Park wrongful death lawyer online or call 770-205-8887 when you are ready to talk.
Experience Families Can Rely On After a Loss
- Decades of personal injury experience: Our attorneys bring more than 70 years of combined experience representing people and families affected by serious injuries and preventable deaths.
- Trial-tested attorneys: Our team includes Ronnie Pitts, whose career includes more than 150 jury trials.
- No attorney fees unless there is a recovery: We handle wrongful death cases on a contingency fee basis, so attorney fees depend on recovering compensation for your family.
When a Fatal Accident May Lead to a Wrongful Death Claim
Your family may have a wrongful death claim if another person’s carelessness or a defective product caused the loss. Georgia law also includes deaths arising from “criminal or other negligence” under O.C.G.A. § 51-4-1.
In a negligence case, the evidence must show that someone had a responsibility to take reasonable precautions, failed to do so, and caused your loved one’s death. For example, a driver may cause a fatal collision by running a red light. A medical provider may face responsibility if treatment that fell below accepted medical standards caused a patient’s death.
You may have questions about what happened without knowing whether anyone broke the law or made a preventable mistake. Our wrongful death attorneys can investigate those concerns, explain what the evidence shows, and help your family understand whether you have grounds for a claim.
A Civil Claim Can Proceed Alongside Criminal Charges
Prosecutors may consider charges after a fatal incident, but the criminal process and a family’s wrongful death claim serve different purposes. Your family can pursue a civil claim for compensation even if prosecutors file no charges or a criminal case ends without a conviction. Civil cases generally require proof that the claim is more likely true than not, which differs from the higher burden required for a criminal conviction.
How Georgia Divides Compensation for Wrongful Death Among Survivors
Questions about how compensation is divided can be especially sensitive when several family members are grieving the same loss. A surviving spouse generally pursues the wrongful death claim and shares the recovery with surviving children. O.C.G.A. § 51-4-2 reserves “no less than one-third” of the recovery for the spouse.
We can explain how Georgia law applies to your family before any settlement decision is made. When children are involved, we can also address court approval requirements or arrangements for receiving and protecting their share of the recovery. Money recovered by the estate follows different rules. We explain which compensation goes to surviving family members and which goes to your loved one’s estate.
Speak With Someone Who Will Listen
Jonathan R. Brockman, P.C. can listen to your concerns, review the available information, and explain what options Georgia law provides. Call 770-205-8887 or contact us online to schedule a free consultation with a College Park wrongful death lawyer.