The highly skilled and compassionate Georgia wrongful death attorneys at the Butler Law Firm are ready to hold all the liable parties accountable and seek compensation to help your family move forward. We take on a limited number of wrongful death cases each year to ensure we are able to devote our complete attention to each case.

If you believe we could help you and your family, please contact us whenever you are ready. We are ready to talk when you are, and there is no charge for discussing your situation with us.

What Is Considered a Wrongful Death?

Georgia law defines wrongful death as the death of a person caused by a reckless, criminal, negligent, or intentional act of another party.

Most wrongful deaths are the result of negligent conduct. Negligence means that at-fault parties failed to use reasonable care when they had a duty to do so, and that failure resulted in the injury or death of another individual.

    wrongful death

    Who Can Bring a Wrongful Death Lawsuit?

    Under Georgia law, only certain individuals can bring a wrongful death lawsuit. According to state law, the following parties may bring a wrongful death suit:

    • Spouse of the deceased – The spouse of the deceased is the first person who can file a wrongful death lawsuit. The spouse may also file on behalf of any of the deceased’s children who are under 18. The spouse is entitled to at least one-third of the financial recovery from the claim.
    • Parents of the deceased – If the deceased was unmarried, did not have a surviving spouse, and did not have any children, surviving parents can file the wrongful death claim.
    • Estate representative – In rare circumstances, the wrongful death claim can also be filed by a designated representative of the estate. In this situation, any damages received must go to the deceased’s estate and be distributed to the next-of-kin.

    What Does a Wrongful Death Lawsuit Cover?

    Georgia recognizes two types of wrongful death claims. The first is to establish the “full value of the life of the deceased.” This type of wrongful death claim is brought by the surviving family members of the deceased.

    The value of a wrongful death claim in Georgia is judged from the point of view of the person who died.  Generally, “the full value of the life” has two parts.  The first and most important part of wrongful death damages is the intangible part.  The intangible value of life includes the value of spending time with family and friends, achieving life milestones, raising a family, and enjoying hobbies.  The second part of the “full value of the life” is the tangible part.  A wrongful death claimant is entitled to recover the amount of money that the decedent would have earned, had they lived, and the value of the household services that they would have provided.

    In addition to a wrongful death claim, surviving family members usually bring a claim by or on behalf of the deceased’s estate. The estate’s claim seeks to recover the losses the estate suffered because of the death.

    Damages that may be recovered include:

    • Medical bills related to the deceased person’s illness or injury
    • Funeral and burial expenses
    • Pain and suffering endured by the deceased prior to death
    • Punitive damages

    Why You Need a Lawyer to Handle a Wrongful Death Claim

    Attorneys who have experience with wrongful death cases understand the legal process that these types of claims require. The skills, experience, and resources of a Georgia wrongful death lawyer will be critical to the success of your claim. These cases can be complicated and time-consuming.

    At the Butler Law Firm, our wrongful death lawyers understand what is necessary to build a strong wrongful death case.

    An attorney can help with the challenges of a wrongful death lawsuit by:

    • Determining who’s eligible to bring the wrongful death lawsuit
    • Determining when the lawsuit can be filed
    • Collecting and preserving evidence for the wrongful death case
    • Proving the wrongful death case

    The Georgia wrongful death lawyers at the Butler Law Firm will make sure that you meet all deadlines and properly file your paperwork. We know how to properly value your claim, too.

    Causes of Wrongful Death

    Common causes of wrongful death include:

    • Car accidents Car accidents are a common cause of wrongful deaths. A wrongful death in a car accident can be caused by negligent actions, such as distracted driving, impaired driving, aggressive driving, speeding, and other forms of irresponsible behavior.
    • Truck accidents Due to the sheer size and weight of commercial trucks, serious truck accidents often result in fatalities. Truck drivers, trucking companies, and other parties can be held liable for their failure to follow regulations or for other negligent actions.
    • Motorcycle accidents Cars, trucks, and other passenger vehicles provide much more protection to their occupants than motorcycles do. If a larger vehicle collides with a motorcyclist, the motorcyclist could die as a result. In many motorcycle accident cases, the motorcyclist is killed due to the negligence of another driver.
    • Bicycle accidents Accidents involving bicyclists and motor vehicles can lead to fatalities. Bicycle accident fatalities are typically caused when a negligent driver strikes a bicyclist.
    • Pedestrian accidents Like bicycle accidents, those involving pedestrians often end in fatalities because pedestrians have no protection. Driver negligence is a common cause of pedestrian accidents.
    • Uber & Lyft accidents In the event of a loved one’s death due to an Uber or Lyft accident in Georgia, your family might be able to file a wrongful death lawsuit for compensation. Seek the recovery you deserve following your family member’s tragic death by working with a compassionate Georgia rideshare accident lawyer.
    • Negligent security or premises liability claims Property owners in Georgia have a duty to keep visitors safe from hazards on their property. When a property owner fails to provide adequate security, fix unreasonably dangerous conditions, warn visitors about known hazards and a visitor is killed as a result, the property owner can be held liable for damages.
    • Defective products If a person dies as a result of a defective product, the product manufacturer can be held liable in a product liability lawsuit. Examples include dangerous pharmaceutical products, toxic foods, unsafe children’s toys, and defective auto parts.
    • Victims of crime Persons who commit illegal acts that cause the wrongful death of another person can be held accountable in both criminal and civil court. It is not required that the person who caused your family member’s death be convicted of a crime before the surviving family members file a wrongful death claim. Civil lawsuits are a separate matter and are filed by the family members of the deceased.
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    Talk to a Georgia Wrongful Death Lawyer Now

    The loss of a loved one is never easy to deal with. To lose someone too soon, due to someone else’s actions or inaction, can be utterly devastating for surviving family members and friends. At the Butler Law Firm, we know that death cases are never easy. Our goal is to provide caring, compassionate, and knowledgeable support for you and your loved ones during this difficult time.

    We also know that we can make a difference for you. Our team of attorneys truly understand how wrongful death cases need to be handled. Our attorneys have spoken at legal seminars and have written on this very topic for legal publications. We understand what needs to be accomplished to secure compensation for those who depended on the deceased’s income and emotional support, as well as what needs to happen to make sure the wrongful conduct does not happen again.

    If you think we can help with your wrongful death case, please call us or contact us online. Talking with us is free.

    We can meet at a place convenient to you, whether that’s one of our offices, a coffee shop near your home, or your kitchen table.

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