Wrongful Death Attorney | Burrow & Associates

Wrongful Death Claims in Georgia

Losing a loved one due to someone else’s negligence is one of life’s most devastating experiences. In Georgia, wrongful death claims provide a legal avenue for families to seek justice and financial recovery after such a tragedy. These claims can hold individuals, companies, or institutions accountable for reckless, negligent, or intentional actions that led to the loss of life.

Under Georgia law, wrongful death claims aim to represent the full value of the deceased’s life, including both economic and non-economic damages. From fatal car accidents to medical malpractice, the circumstances surrounding these cases can vary, but the goal remains the same: ensuring surviving family members have the support they need to recover and rebuild their lives.

At Burrow & Associates, we are committed to guiding grieving families through the complexities of wrongful death litigation. With offices across Georgia, we stand as a trusted ally for those seeking justice in the aftermath of a tragedy. Our experienced attorneys understand the intricacies of Georgia’s wrongful death laws and have the compassion and expertise to fight for the compensation your family deserves.

Understanding Georgia’s Wrongful Death Laws

Georgia law allows families to hold negligent individuals or entities accountable for the loss of a loved one through a wrongful death claim. The focus of such claims is to compensate surviving family members for the full value of the deceased’s life, as recognized under state law. This includes both economic factors, such as lost wages, and non-economic contributions, like the loss of companionship.

Georgia’s wrongful death statutes also outline who can file a claim. Typically, this includes the surviving spouse, children, parents, or, in some cases, a personal representative of the deceased’s estate. Each case is unique, and understanding these qualifications is critical to ensuring a valid claim is filed.

Time is a critical factor in pursuing justice. Georgia imposes a two-year statute of limitations on wrongful death claims, starting from the date of the deceased’s passing. Certain exceptions, such as pending criminal investigations, may extend this period. Consulting a knowledgeable attorney can help navigate these complexities and safeguard your legal rights.

Types of Wrongful Death Cases We Handle

Wrongful death claims can arise from a wide range of tragic circumstances. At Burrow & Associates, our legal team has extensive experience handling cases involving various types of negligence, misconduct, or criminal acts. Below are some of the most common situations where wrongful death claims are pursued:

Motor Vehicle Accidents: Including car, truck, motorcycle, and pedestrian accidents caused by reckless driving, DUIs, or distracted driving.
Medical Malpractice: Cases where healthcare providers fail to meet the standard of care, leading to fatal errors such as misdiagnoses, surgical mistakes, or improper treatment.
Workplace Accidents: Fatal incidents due to unsafe working conditions, lack of proper safety measures, or exposure to hazardous materials.
Defective Products: Deaths caused by dangerous or malfunctioning products, including faulty vehicle parts, unsafe machinery, or hazardous consumer goods.
Nursing Home Abuse or Neglect: When improper care or negligence in long-term care facilities leads to the untimely death of a loved one.
Premises Liability: Fatal injuries resulting from unsafe property conditions, such as slip-and-falls, falling objects, or inadequate security measures.

Each case is unique, and the circumstances surrounding the death will determine the appropriate legal approach. Whether the cause involves negligence, intentional harm, or criminal actions, Burrow & Associates is equipped to investigate, build, and advocate for your case to secure justice for your family.

Compensation in Georgia Wrongful Death Cases

When a family loses a loved one due to wrongful death, Georgia law provides avenues for seeking compensation to alleviate the financial and emotional impact of such a loss. These damages are designed to account for both measurable and immeasurable losses and, in certain cases, to penalize egregious behavior. The following categories of compensation may apply:

1. Economic Damages

Economic damages cover the tangible, financial costs associated with the victim’s death. These may include:

Lost wages, benefits, and potential future earnings.
Medical expenses incurred prior to the victim’s death.
Funeral and burial costs.
The value of services the deceased would have provided, such as childcare or home maintenance.

2. Non-Economic Damages

Non-economic damages compensate for the emotional and psychological impact of losing a loved one. These damages are often more challenging to quantify but are critical to acknowledging the full value of the deceased’s life. Examples include:

Loss of companionship, love, and guidance.
Loss of consortium for a surviving spouse.
Emotional pain and suffering endured by family members.

3. Punitive Damages

Punitive damages are awarded in cases where the at-fault party’s actions were especially reckless, intentional, or egregious. These damages are meant to punish the wrongdoer and deter similar behavior in the future. While not applicable in every case, punitive damages can significantly increase the total compensation awarded.

At Burrow & Associates, we understand the importance of seeking fair and comprehensive compensation for your loss. Our team meticulously evaluates all potential damages to ensure that your family receives the justice and financial support it deserves.

Why Choose Burrow & Associates for Your Wrongful Death Case?

When facing the devastating loss of a loved one, having the right legal team by your side can make all the difference. At Burrow & Associates, we provide compassionate support and unparalleled legal expertise to families seeking justice through wrongful death claims. Here’s what sets us apart:

1. Proven Track Record of Success

Our attorneys have secured significant verdicts and settlements in wrongful death cases across Georgia. From negotiating multi-million-dollar settlements to achieving favorable jury awards, we are committed to obtaining the best possible outcome for our clients.

2. Personalized Attention to Every Case

Unlike larger firms that handle hundreds of cases simultaneously, we prioritize quality over quantity. By limiting our caseload, we ensure that every client receives the focused attention and tailored strategy they deserve. When you work with us, you work directly with experienced attorneys who are dedicated to your case.

3. Extensive Knowledge of Georgia Wrongful Death Laws

Georgia’s wrongful death laws are complex, but our deep understanding of state statutes allows us to navigate these challenges with confidence. From determining eligibility to calculating damages, we handle every aspect of your claim with precision.

4. Compassionate and Accessible Support

We understand the emotional toll of losing a loved one, and we are here to provide both legal guidance and emotional support. Our team is always available to answer your questions, update you on your case, and ensure that you feel empowered throughout the process.

Choosing the right attorney is the first step toward achieving justice for your family. Let Burrow & Associates be your trusted advocate during this difficult time.

Local Expertise and Proven Case Results

At Burrow & Associates, we have a deep understanding of Georgia’s legal landscape and a strong connection to the communities we serve. With offices across the state, including in Athens, Conyers, Duluth, Morrow, Kennesaw, and Gainesville, we provide local families with accessible and reliable legal representation.

Exceptional Results for Georgia Families

Our commitment to achieving justice for our clients is reflected in the outstanding results we’ve secured in wrongful death cases. Here are just a few examples of our recent successes:

Multi-Million-Dollar Trucking Accident Settlement: Successfully represented the family of a victim who lost their life in a tragic collision, securing a settlement that provided financial stability for years to come.
Medical Malpractice Verdict: Held a negligent healthcare provider accountable for fatal surgical errors, resulting in significant compensation for the victim’s grieving spouse and children.
Premises Liability Settlement: Advocated for the family of a victim who suffered a fatal injury due to unsafe property conditions, ensuring justice and financial recovery.

Strategic Advantage with Local Knowledge

Our attorneys’ familiarity with Georgia courts, judges, and opposing counsel provides a strategic edge in navigating wrongful death cases. This local expertise enables us to anticipate challenges, tailor our strategies, and maximize the likelihood of a favorable outcome for our clients.

When you choose Burrow & Associates, you are partnering with a legal team that understands the unique challenges of wrongful death claims in Georgia and has a proven track record of success. Let us bring our local expertise and dedication to your case.

Wrongful Death Attorney Frequently Asked Questions

What is considered a wrongful death under Georgia law?

When someone’s life is tragically cut short due to negligent, reckless, intentional, or criminal actions, Georgia law defines this as a wrongful death. This can include situations like fatal car accidents due to drunk driving or deaths resulting from medical malpractice.

Who is eligible to file a wrongful death claim in Georgia?

The right to file a wrongful death claim in Georgia follows a specific order:
1. Surviving Spouse: The spouse has the primary right and must also represent any minor children, ensuring the compensation is shared, with the spouse receiving no less than one-third of the total recovery.
2. Children: If there’s no surviving spouse, the deceased’s children can file the claim.
3. Parents: In the absence of a spouse or children, the deceased’s parents may file.
4. Personal Representative: If no immediate family is available, a personal representative of the deceased’s estate can file, with any damages benefiting the next of kin.

What types of damages can be recovered in a wrongful death lawsuit?

Damages are categorized into:
– Economic Damages: Measurable losses such as healthcare costs prior to death, burial and funeral expenses, and the projected income and financial support the deceased would have provided.
– Non-Economic Damages: Losses that cannot be quantified, such as emotional distress, pain and suffering experienced by the deceased prior to death, and loss of companionship, care, and guidance.
– Punitive Damages: In cases of gross negligence or intentional misconduct, these may be awarded to punish the wrongdoer and deter similar behavior.

Are there time limitations in filing a wrongful death claim in Georgia?

Yes, generally, you have two years from the date of death to file a wrongful death claim in Georgia. However, certain circumstances, such as ongoing criminal investigations related to the death, can extend this period. It’s crucial to consult with an attorney promptly to ensure compliance with all deadlines.

Is it possible to file a wrongful death claim if the deceased did not leave a will?

Yes, the absence of a will does not prevent eligible family members from filing a wrongful death claim. The right to file is determined by state law, not the existence of a will. Compensation awarded will be distributed according to Georgia’s intestacy laws if there’s no will.

What differences are there in a wrongful death claim and an estate claim?

– Wrongful Death Claim: Filed by surviving family members seeking compensation for the “full value of the life” of the deceased, including both economic and non-economic losses.
– Estate Claim: Brought by the estate’s representative to recover losses the deceased incurred before death, such as medical bills, funeral expenses, and pain and suffering.

Can punitive damages be awarded in Georgia wrongful death cases?

In Georgia, punitive damages are generally not awarded in wrongful death cases, except in situations involving product liability. However, punitive damages can be pursued in estate claims for the deceased’s pain and suffering before death.

How is the 'full value of the life' determined in Georgia?

The “full value of the life” includes:
– Tangible Value: The deceased’s projected lifetime earnings and the economic value of services they provided.
– Intangible Value: Non-economic aspects like relationships, family, and personal experiences.
This assessment is from the perspective of the deceased, considering both economic contributions and personal fulfillment.

What if the deceased was partially at fault for the incident?

Georgia follows a modified comparative negligence rule. If the deceased was less than 50% at fault, the compensation may be reduced proportionally to their degree of fault. However, if they were 50% or more at fault, recovery may be barred.

How long does it typically take to resolve a wrongful death case in Georgia?

The duration varies based on factors like case complexity, willingness of parties to settle, and court schedules. Some cases settle in a few months, while others, especially those going to trial, can take several years. Engaging an experienced attorney can help navigate the process efficiently.

Ready to Seek Justice?

If you’ve lost a loved one due to someone else’s negligence, let the experienced attorneys at Burrow & Associates help you. Contact us today to take the first step toward justice and financial recovery.

Your family deserves answers, and we’re here to fight for you.