The loss of a loved one can create mental, emotional, and financial strain for surviving family members. In cases where this loss is associated with an accident and the wrongful acts of another individual, a wrongful death claim may be necessary to get the compensation to which the survivors are entitled. For help, contact David Brauns, a wrongful death attorney in Gwinnett County who can guide you through the wrongful death claims process in Georgia.
What constitutes a wrongful death claim in Georgia?
In the state of Georgia, the law states that wrongful death is the death of one person due to the intentional, reckless, negligent, or criminal actions of another person or entity. If you feel that the fatal accident that took the life of your loved one was a result of negligence, speak to Brauns Law. We can help you prove the following elements.
- Duty of Care: the defendant owed a duty of care to the victim; e.g., must stop at a red light
- Breach of Duty of Care/Negligence: the defendant violated that duty by acting negligently; e.g., ran a red light
- Causation: the defendant’s actions caused the death; e.g., crashed into the deceased
Who is eligible to file a wrongful death claim?
Georgia law dictates who is able to file a wrongful death claim. The following list depicts the order of eligibility for wrongful death benefits in this state.
- Surviving spouse and/or children: If there is a surviving spouse, she can file the wrongful death claim. She must represent the interests of any minor children in the case. The surviving spouse will receive a minimum of one-third of the wrongful death settlement, regardless of the number of minor children represented.
- Surviving parent(s): If there is no surviving spouse or children, the parents of the deceased can file a claim.
- Personal representative for the estate: In the event that there is no surviving spouse, children, or parents, a personal representative can file the claim.
What types of damages can I recover in a wrongful death claim?
You could have two types of claims after the wrongful death of a loved one.
Claims brought by surviving family (wrongful death actions) of the deceased are intended to compensate for the full value of the lost life and its effects on the beneficiaries. Damages can include:
- Financial losses (for example, wages the deceased would have earned)
- Intangible losses (for example, loss of companionship or loss of parenting care)
Survival actions brought on behalf of the estate seek compensation for financial losses associated with the person’s death and the deceased's own damages. Damages can include:
- Medical expenses
- Funeral expenses
- Pain and suffering endured by the deceased prior to death
How can I recover damages from a wrongful death claim?
That is where we come in. David Brauns and the Brauns Law team is here to help you move forward as you rebuild your personal and financial future following a fatal accident. We will guide you and your family through the filing requirements, any associated hearings, and settlement.
Here are a few reasons why Brauns Law, PC is the right choice for your wrongful death case.
- Brauns Law, PC knows that you are facing an emotional and stressful time. We will listen to your story with compassion and help you fight for justice for your loved one and get compensation you need.
- We will prove the negligence of the at-fault party by collecting and organizing evidence, eyewitness statements, police reports, etc.
- You will receive the highest level of personal attention. You are not just a file to us; you, your family, and your future truly matter.
We understand that hiring a lawyer can be a stressful undertaking. At Brauns Law, PC, our highest priority is serving you and ensuring that you are informed at all times. We have over a decade of experience with cases just like yours.
David Brauns and the Brauns Law, PC, team are here to help you. We are ready to listen to the details of your case and offer our analysis of how to handle your claim for best results. For a no cost, no obligation consultation, contact us at 404-418-8244.