Did your family lose someone to another party’s negligence in Duluth?
At Burrow & Associates, LLC, we pursue the full value of a life that another party’s negligence took from a Duluth family.
If a family member died because someone else acted carelessly in Duluth, Georgia law gives certain relatives the right to bring a claim against the party responsible. A Duluth, GA wrongful death lawyer can explain who may file, what the law allows a family to recover, and how the deadline works. Burrow & Associates, LLC has stood with grieving Georgia families for more than 30 years. A consultation costs nothing, and these cases are handled on contingency.
Wrongful Death Lawyer in Duluth, GA
A wrongful death claim is a civil case that a family brings when a person dies because of another party’s negligent, reckless, or intentional act. It is separate from any criminal case, and its purpose is to compensate the family for the loss rather than to punish the wrongdoer.
Georgia reported 1,786 traffic deaths in a recent year, a figure that has climbed above the national rate, according to state highway safety data. Gwinnett County, which includes Duluth, ranks among the metro area’s highest for fatal crashes, and vehicle collisions are only one of the ways a preventable death occurs.
Types of Wrongful Death Cases We Handle in Duluth
Wrongful death claims arise from many kinds of preventable events. What they share is a death that another party’s negligence caused. These are the cases our attorneys handle for Duluth families.
- Car accidents. Most fatal claims in the area begin with a crash caused by speeding, distraction, or a failure to yield.
- Truck accidents. A collision with a commercial truck on I-85 or Highway 316 is often fatal, and liability can extend to the trucking company.
- Motorcycle accidents. A rider has little protection, and a driver who fails to see a motorcycle can cause a fatal wreck.
- Pedestrian accidents. A person on foot struck by a vehicle, common along Buford Highway, may not survive the impact.
- DUI accidents. When an impaired driver kills someone, the family’s civil claim is separate from the criminal case.
- Catastrophic injuries. Some victims survive for a time before dying, and the deadline then runs from the date of death.
- Medical malpractice. A preventable death from a misdiagnosis, surgical error, or medication mistake can support a claim.
- Nursing home neglect. When understaffing or neglect leads to a resident’s death, the facility can be held responsible.
Why Choose Burrow & Associates, LLC as Your Wrongful Death Lawyer in Duluth, GA?
Decades of Serious-Injury and Death Claims in Georgia
Darrell L. Burrow, the firm’s founder, has stood with injured Georgians and grieving families since his admission to the State Bar of Georgia in 1992. He earned his law degree at the Alabama School of Law. He carries an AV-Preeminent rating from Martindale-Hubbell, a testament to his client-focused approach.
Recovering the Full Value of a Life
Georgia measures a wrongful death claim by the “full value of the life” of the person who died, viewed from that person’s perspective. Our personal injury lawyer in Duluth, GA documents both sides of that value: the economic side, such as lost income and the services the person provided, and the human side, the relationships and experiences that were taken. That work has helped our firm recover millions of dollars for injured clients and families across Georgia, including an $885,000 recovery in a wrongful death case. We take these claims on contingency, so there are no attorney fees unless we recover for your family.
Understanding Wrongful Death Claims in Georgia
Who Can File and What the Law Allows
Georgia law is specific about who may bring a wrongful death claim, and the order matters.
- The surviving spouse holds the first right to file, and when there are minor children, the spouse represents them and receives no less than one-third of the recovery.
- If there is no spouse, the children may file; if there are no children, the surviving parents may.
- If none of those survive, the estate’s representative brings the claim on behalf of the estate.
Two separate claims can arise from one death. The wrongful death claim seeks the full value of the life itself, while a separate estate claim covers the medical bills, funeral costs, and any conscious pain the person suffered before death.
How Liability and Damages Work
A family must show the same elements as any negligence claim: a duty of care, a breach, and a death that the breach caused. Georgia’s comparative fault rule can reduce a recovery by the share of blame assigned to the person who died and bars it if that share reaches 50 percent. Punitive damages are not part of the wrongful death claim itself, but the estate’s claim may seek them when the conduct was egregious, such as a death caused by impaired driving.
What Are Important Aspects of a Wrongful Death Case?
A few features set these claims apart from an ordinary injury case.
- Two claims arise from one death. The wrongful death claim and the estate’s claim are separate, and both may be needed to capture the full loss.
- The value has no fixed ceiling. Because the measure is the full value of a life, no statutory cap limits what a jury may award.
- Punitive damages run through the estate. When the conduct was egregious, such as impaired driving, the estate’s claim, not the wrongful death claim, is where they are sought.
- The right to file can move. If the person with the first right does not act, the law allows the next relatives, or the estate, to bring the claim.
- Evidence still fades. Even on a longer emotional timeline, the crash record degrades, so an early investigation protects the case.
What Is the Wrongful Death Case Timeline?
Most wrongful death claims follow the same general path.
- Investigation. We gather the police report, medical records, and any available footage, then identify everyone who may share fault.
- Estate steps. Where an estate claim is involved, a representative may need to be appointed before it can proceed.
- Negotiation. Many claims resolve once liability and the value of the loss are established.
- Filing. Georgia’s two-year filing deadline generally runs from the date of death, and we protect that window when a claim does not settle.
What Should You Bring to Your Wrongful Death Consultation?
You do not need a complete file. However, basic information allows our attorney to provide personalized advice. Bring what you have, and we will help gather the rest.
- The death certificate and any accident or police report.
- Medical bills and records tied to the injury and the death.
- Funeral and burial expense records.
- Insurance information and any letters from an insurer.
- The names of anyone you believe was involved or at fault.
The first meeting is free and confidential. We will explain whether your family has a claim and who is entitled to bring it before you decide anything.
Reach Out to Burrow & Associates, LLC to Schedule a Consultation
No claim can undo the loss of someone you love, but it can hold the responsible party accountable and offer a stable future for your family. If a preventable death took a member of your family in Duluth, our attorneys can explain your rights and manage the claim from start to finish. Consultations are free, and there is no fee unless we recover for you. Contact us to schedule a review of your case.
