Representing families in wrongful death cases across Georgia
Losing a loved one unexpectedly is truly one of life’s worst experiences. The intense pain and shock experienced by this victim’s family is only made worse when they learn their loss was caused by another’s negligence.
If you lost a loved one due to negligence or a workplace accident, you should consider hiring a Georgia wrongful death lawyer to help in your pursuit of justice. Even if the responsible parties are charged criminally in the death of your family member, the criminal court will not provide you the financial compensation you are entitled to under Georgia law.
All of us at the McLendon Law Firm are truly sorry for your loss. We are committed to help ease the financial strain caused by the unexpected passing of your family member. Although we can help recover financial compensation for your family, we understand there is no amount of money that can ease your family’s pain.
Atlanta Lawyer Jason McLendon is an experienced wrongful death lawyer representing victim’s families in Georgia.
- Our firm is honored to be recognized as one of Georgia’s top law firms specializing in accident victim representation.
- We provide unmatched attention to your wrongful death claim.
- We will go the extra mile for you. If you are unable to travel to one of our offices, we will happily meet you at your home.
- We explore every settlement source available to you. Let us handle the details of pursuing the wrongful death claim so that you family has time to grieve.
- Our fees are lower than most other large injury firms. Our goal is to make sure your family receives the maximum compensation for your loss.
Georgia wrongful death claims
Georgia’s wrongful death act is codified in O.C.G.A. § 51-4-2. It permits survivors of the deceased bring a claim for damages against the person or entity who caused the death of the deceased within two years.
The wrongful death act is intended to compensate the victim’s family financially for the unexpected loss of income as well as loss of companionship.
If your loved one was lost in a work-related incident, the claim must be filed through worker’s compensation unless there was a third-party who was also responsible for the victim’s death.
What types of wrongful death claims do we handle?
We handle Georgia wrongful death claims due to the following: (I would like to do a hyperlink to each page to the relevant section talking about wrongful death)
- Car Accidents.
- DUI Accidents.
- Motorcycle accidents.
- Pedestrian Accidents.
- Work-related Accidents.
- Premises Liability.
- Products Liability.
What types of damages are available in Georgia wrongful death claims?
Wrongful death claims are different than most other personal injury claims as there are two
general types of damages available to victims’ families.
The first type of damages available in wrongful death cases are expenses. Expenses include:
- Medical expenses prior to the victim’s passing
- Pain and suffering prior to the victim’s passing
- Funeral/burial expenses
- Other miscellaneous expenses that arise
The second and most significant source of damages in a wrongful death claim is based upon the what is referred to as the value of the lost life. This may seem like a strange concept, but the law attempts to compensate the deceased’s family for:
- Future earning potential of the deceased
- Future benefits of the deceased
- Loss of companionship
Damages in wrongful death claims are complex and you should always talk to a lawyer to determine the value of your family’s claim.
How will we pursue you family’s wrongful death claim?
A wrongful death claims begins with a thorough investigation. As soon as we are hired, we will immediately start preservice important evidence for your family’s wrongful death claim. This important evidence includes:
- Police/Accident Report: Generally, when an individual’s death is due to negligence, the police are involved and they create a report documenting their findings. This report sometimes proves to be vital in proving negligence in a wrongful death claim.
- Witness Statements: Independent witness statements are often another important component of a wrongful death claim. We will obtain recorded statements from all witnesses and maintain this evidence for use in your wrongful death suit.
- Photographs: We travel to the scene to photograph the scene and investigate if there were any other factors such as a property defect that contributed to your loss.
- Surveillance video: No family member wants to watch the final moments of their loved one, but this evidence can be critical evidence needed to hold all parties responsible in a wrongful death claim. We will obtain and maintain any video evidence relevant to our wrongful death claim so that you can focus on grieving your loss.
- 911 telephone calls: 911 calls are frequently helpful in proving liability in a wrongful death claim. We will immediately obtain preserve any available 911 calls.
- Medical Records: The last part of our investigation is to gather all medical records documenting the injuries sustained and the cause of your family member’s unfortunate passing.
Simultaneous to our investigation into all evidence proving liability in your wrongful death claim, we diligently work to locate all insurance policies available to compensate your family for your loss. It is important to timely locate and notify all available policies of our claim because if you fail to quickly notify them of a potential wrongful death claim, your claim can be waived.
Who can bring a wrongful death claim in Georgia?
Under Georgia law, only blood related family members may pursue a wrongful death claim. According to Georgia law found in O.C.G.A § 51-4-2, the following relatives may recover compensation for a deceased victim:
- The victim’s surviving spouse
- The child(ren) of the deceased (if there the victim was not married)
- Surviving parents of the deceased (if victim was unmarried and had no children)
If you have any questions about who can bring a wrongful death claim in Georgia, call us for a free, no obligation consultation.
How much is my wrongful death claim worth?
Negligence based wrongful death claims:
In a wrongful death claim brought due to negligence, the value of this claim is normally determined by the amount of insurance policies available. It is critical to hire an experienced and thorough wrongful death lawyer who will locate all sources of compensation for your family. We research to find all available liability policies, umbrella policies and uninsured motorist policies and demand the maximum compensation available under the law.
Work related wrongful death claims:
When a death occurred on the job, the value of the wrongful death claim is determined upon the deceased worker’s salary and the number of dependents that are left behind. If the workplace death due to a third party’s negligence, there may be an additional source of recovery available to your family.
If you lost a family member due on the job or due to someone’s carelessness, call us at (404) 565-1618 for a free, no obligation consultation with wrongful death lawyer. We proudly represent the families of victims across the state of Georgia.
How much does a Georgia wrongful death lawyer cost?
A wrongful death lawyer will not cost you anything out of your pocket. Injury lawyers work on wrongful death suits on a contingency fee. This means that if we do not recover for your family’s loss, we do not get paid. In fact, you never have to pay any money out of your pocket. A wrongful death lawyer will earn a pre-determined portion of the settlement as payment for their legal representation.
Be careful. Not all wrongful death lawyers charge the same percentage as their fee. Large law firms spend tens of thousands of dollars every month to advertise and on their fancy office space. As a result, they charge a higher percentage than our law firm. They also intentionally settle claims quickly and for less money because their focus is generating quick settlements.
Our law firm is committed to recovering the maximum financial compensation available to your family under Georgia law. We also accept the lowest rate of any personal injury law firm so you can be confident that you will receive the maximum compensation for your family’s loss. After all, your family is emotionally and financially devastated from your loss. You deserve the maximum available under Georgia law.
How long do I have to bring a wrongful death claim in Georgia?
Wrongful death claims are subject to the statute of limitations in Georgia. The law provides that a claim must be brought within two years of the deceased’s unfortunate passing. Sometimes, there may be exceptions that extend the statute of limitations where a citation or criminal proceeding was brought regarding the incident.
If you have questions regarding the statute of limitations regarding a wrongful death claim, you should consult a lawyer as this is a fact specific inquiry. Call us a 404-565-1618 for a free, no obligation consultation.
The Jason McLendon is a Criminal Defense Attorney who Represents Clients in the Following Criminal Law Areas:
- All felonies and misdemeanors including:
- Violent Crimes
- Drug Crimes
- Property Crimes
- Sexual Offenses