Losing a family member is devastating, no matter the circumstances. Sometimes, you have time to prepare for it emotionally and financially. When your loved one’s death is caused by someone’s recklessness or negligence, it often comes a shock.
Nothing can change what happened, but there are legal tools to hold the at-fault party responsible for their actions. Contact Jonathan R. Brockman, P.C. to discuss the ways Georgia state law allows surviving family members to seek compensation on their loved one’s behalf.
We understand how traumatic it is to lose someone when their death was preventable. That’s exactly why we believe in holding people responsible for their actions and getting our clients the compensation they deserve.
Our Cumming wrongful death lawyers will guide you through the process and provide the support you need. We’ll fight for accountability and help you honor your loved one’s memory. Call us at 770-205-8827 to schedule your free case evaluation. We’ll review the details you provide and create a plan that meets your goals.
What’s Considered Wrongful Death in Georgia?
In Georgia, the law defines wrongful death as the death of one party that another party causes due to their reckless, negligent, criminal, or intentional acts. If you’re not sure whether your loss counts, don’t hesitate to contact us to find out.
Negligence is the legal theory most often used for wrongful death cases. It happens when someone fails to provide a duty of care, and someone gets hurt as a result.
Any of the following incidents could cause wrongful death:
- Motor vehicle accidents
- Pedestrian accidents
- Bicycle accidents
- Dog bites
- Premises liability
- Construction accidents
- Defective products
- Nursing home neglect
- Medical malpractice
This isn’t a comprehensive list. If your loved one died in a situation that involved someone’s careless actions, you might be able to file a wrongful death claim. You’ll benefit from choosing an experienced Cumming wrongful death lawyer to help you. At Jonathan R. Brockman, P.C., we understand the state laws and statutes that dictate the deadlines and procedures you must follow.
We’ll take the responsibility off your plate and handle every legal aspect of your case for you.
Close Family Members Are Entitled to File a Wrongful Death Claim
In Georgia, distant family or friends can’t pursue a wrongful death case. Only a few specific relations to the deceased qualify to file a claim or lawsuit for wrongful death.
If the victim was married at the time they died, their surviving spouse could sue the negligent party for compensation. If they had minor children, the surviving spouse must represent their interests during the case. No matter the number of minor children, the spouse cannot receive less than one-third of the total compensation.
If there isn’t a surviving spouse or children, a surviving parent or parents could file suit. If an estate represents the deceased individual, then the appointed personal representative would be eligible to bring legal action against the at-fault party. Any money in a settlement or judgment would go towards the estate for the victim’s next of kin.
There’s a strict deadline to follow if you want to move forward with a wrongful death claim. The deadline is known as a statute of limitations. This indicates how much time you have to pursue legal action against another party for their negligence.
In Georgia, the statute of limitations is two years. That means you have two years from the date of your loved one’s death to sue the at-fault party.
Some circumstances can pause the two-year “clock.” If there’s a corresponding criminal case pending about your loved one’s wrongful death, the clock will stop until it’s resolved. Once the criminal case ends, the two-year clock would begin again.
Damages Available for Surviving Family Members
If you choose to file a wrongful death claim, you could win financial compensation for your total damages. Damages are the losses associated with the deceased’s fatal injury or illness. The surviving family can recover the expenses that the injury and death caused as well as an amount to represent the pain and suffering associated with the deceased’s fatal injury or illness. Common damages loved ones pursue include:
- Lost income and benefits associated with the fatal incident, including what the victim would have earned if they survived
- Medical expenses for the illness or injury
- Loss of companionship, care, or other intangible services the deceased provided
- Funeral and burial costs
- Pain and suffering the victim experienced before passing away
Your Cumming wrongful death lawyer will provide proof of the damages you’re claiming in the filing. At Jonathan R. Brockman, P.C., we can help you obtain sufficient evidence. If we can show that the liable party’s actions were negligent and that’s what caused your loved one’s death, we’ll be able to pursue significant compensation on you and your loved one’s behalf.
During most wrongful death claims and lawsuits, we use the legal theory of negligence. There are four elements we’ll need to establish are:
- Duty: The defendant owed your loved one a duty of care that any reasonable person would provide under similar circumstances to prevent harm;
- Breach of duty: They breached their duty of care;
- Causation: The defendant’s actions, and nothing else, were the direct cause of your loved one’s injury; and
- Damages: Your loved one incurred damages due to their fatal injury or illness.
How Jonathan R. Brockman, P.C. Can Help You
You’ll need an experienced Cumming wrongful death lawyer to guide you through the wrongful death claim. Jonathan R. Brockman, P.C. has over three decades of experience in Georgia’s courts. And we have a record we’re proud of.
Most people who choose not to seek legal representation lose their case, or recover financial compensation that’s much lower than they deserve. We know the steps necessary to secure fair and full damages for our clients.
When you hire us, we’ll take care of everything. You won’t have to spend your time filling out paperwork, collecting evidence, or communicating with the opposing party.
We’ll file the claim on your behalf and prepare a solid case to take to court. Our Cumming wrongful death lawyers have the experience and resources to handle the following aspects of your case:
- Gather evidence and submit it to the appropriate recipients
- Complete required legal forms
- Locate witnesses and prepare testimony
- Schedule depositions
- Participate in settlement negotiations
- Communicate with insurance representatives and the defense attorneys
- Prepare arguments for trial
During the investigation phase, we’ll obtain crucial evidence that your loved one’s death was the result of another person’s recklessness. Examples include:
- Police/incident reports
- Eyewitness statements
- Video surveillance
- Photos of the accident scene
- Copies of the deceased’s medical records
- Affidavits from family, friends, and other people who saw the impact the fatal injury had on your loved one’s life
Our attorneys never back down from a fight. We’ll aggressively pursue your case and do whatever it takes to hold the negligent person liable for your loved one’s death.
Our firm has the experience, resources, and knowledge to create a plan that gets the results you want. We know how important it is to move on with peace of mind as soon as possible. Our legal team will work efficiently to resolve your case so that you can go on with your life with a full financial recovery.
Can I Pursue A Wrongful Death Case Without A Lawyer?
It’s possible to handle your case without hiring a lawyer, but it’s not a good idea. It will be hard for you to recover the maximum financial award available.
Insurance representatives and defense lawyers are intimidating. They’ll use every trick they have to convince you to drop your case or settle for a low amount. They’re not on your side and don’t want what’s best for you.
The Cumming wrongful death lawyers from the law firm of Jonathan R. Brockman, P.C. understand how opposing parties handle wrongful death cases. When you hire us, we’ll use our resources to track down key witnesses and recover significant evidence that proves your claim.
We’ll protect your rights so that you’re treated fairly. We know how to hold negligent people responsible for the poor decisions they make. We can prove that the person or business that caused your loved one’s death was at fault, so they have to pay the money you’re owed.
How Much Does a Consultation Cost?
It’s free. We offer free consultations for all prospective clients. If you want to discuss the details of your loved one’s death to determine if you should pursue a claim, we can meet with you one-on-one.
There’s no risk or obligation to schedule an appointment with one of our Cumming wrongful death lawyers and receive the legal advice you need. We’ll advise you of your options and guide you in the right direction.
Speak to an Experienced Lawyer Today
Did you lose someone in an accident? Did another person’s reckless actions cause it? If so, contact Jonathan R. Brockman, P.C. immediately. We have years of experience handling cases like yours.
You want the liable party to suffer the consequences of their actions. So do we. You can depend on us to fight hard so that they face the full weight of the law.
We’ll work diligently until we recover the maximum compensation you deserve. Our Cumming wrongful death lawyers care about the clients that hire us. We’ll treat you like a priority and remain by your side from the beginning to the end of your case.
If you want to pursue a wrongful death case, you need the help of an experienced legal team. Call us at 770-205-8827. We can schedule your free consultation to discuss the details of your loved one’s death and determine if we can represent you.