A loved one’s death resulting from the negligent acts of another person or entity is considered wrongful death. The actions leading to death may be committed with intention, recklessly, or criminally. Georgia law allows specific individuals to seek compensation for the full value of the life of their loved one.
Contact J. Ryan Brown Law LLC to speak with a Newnan wrongful death lawyer as soon as possible. We understand the devastation and loss you are facing, and we strive to help you seek a brighter path into the future. Replacing your loved one is not possible. However, we will relentlessly work to seek compensation for you.
Filing a civil action for wrongful death in Newnan, GA, will require you to prove the essential four elements necessary to establish a claim. Similar to personal injury, a claim is not valid without these characteristics:
While death may seem evidence of harm, it is still necessary to prove that this wrong cost your loved one their life. Focusing on the legal aspects of a wrongful death claim is complex. You deserve time to process your family’s loss. However, waiting to take legal action can lead to devastating economic impacts. When you are uncertain of the next steps, let a wrongful death attorney with our firm take the lead.
Your loved one is priceless to you. Assigning a total value to your loss may seem impossible and overwhelming. Wrongful death law firms should work compassionately to serve you while aggressively pursuing the most favorable outcome possible in your case. A Newnan wrongful death attorney with our firm is ready to step into the legal role and offer the following services to you:
A wrongful death lawyer with our firm will prepare to litigate your case in court when settlement offers fail to compensate for your losses adequately. Our goal is to sort through complex scenarios to establish liability. Whether an individual, business, corporation, or governmental agency is responsible, we will seek to hold the responsible parties accountable.
Georgia law states who can file a wrongful death claim in Newnan, GA. Filing joint or separate claims is a possible option. The wrongful death legal process can be emotional, particularly when families struggle to communicate their feelings. When the stakes are high, and conflict stands in the way of recovery, an attorney with our wrongful death law firm can take the reins to direct the highly charged situation. A Newnan, GA, wrongful death claim for the full value of the life of a decedent may be sought as follows under the following circumstances:
Families working together to pursue a wrongful death claim in Newnan, GA, may utilize the experience of one wrongful death law firm. When conflict arises, family members may seek their own wrongful death attorney. The wrongful death attorneys at J. Ryan Brown Law LLC are experienced negotiators who will strive to protect your rights while seeking solutions for conflict to maximize your recovery potential without stalling the legal process.
Filing an independent claim to recover certain costs accrued due to death is possible. An estate claim may seek the costs of burial expenses, medical costs incurred at the time of death, pain and suffering of your loved one, and other specific emotional experiences of a loved one before their death. Filing a wrongful death and estate claim at the same time is possible. However, what the compensation covers in each differs. An administrator or will executor is required to file an estate claim. Georgia’s intestacy laws determine who can bring an estate claim when no will exists.
The compensation in a wrongful death claim accounts for the losses of the deceased as opposed to what the family or rightful beneficiaries lose as a result of negligence. Calculating wrongful death damages is performed from your loved one’s perspective. Accounting for the full value of your family members’ lives by examining their economic and non-economic damages is vital.
Viewing a life’s economic value occurs through the lens of financial contributions. Your loved one’s income, wages, and benefits contributions are part of these damages. Additionally, specific aspects, such as an employer’s contribution to their retirement savings and other investment incomes, should be reflected in these damages.
The Newnan wrongful death law firm of J. Ryan Brown Law LLC will use the tools available to maximize your compensation, working with vocational experts or economists when necessary to uncover the full scope of future lost income. The services of value your loved one contributed to your family, such as lawn maintenance or childcare, will also require review by wrongful death lawyers to ensure the services your family needs.
An even more significant loss that does not come with a definitive dollar value is the loss of intangible damages your loved one experiences. Non-economic damages account for the experiences that brought your family member joy, such as spending time with family and friends, playing on the local baseball team, or caring for a cherished pet. Because there is no defined measurement to account for these losses, the insurance company may undervalue their significance or fail to acknowledge them in settlement compensation at all. Our Newnan wrongful death lawyers will account for these losses and demonstrate to a jury, when necessary, the impact of their loss, creating a recognizable relationship between the experience and its value.
Compensation is not for the sole benefit of the individual filing a claim (O.C.G.A.§51-4-2(d)(1)(2)). Georgia law specifies the division of compensation in a wrongful death claim. Wrongful death compensation resulting from a claim filed by the victim’s estate is distributed according to your loved one’s will if one exists. Georgia’s intestacy laws governing the distribution of estates will apply when there is no will.
General guidelines allow equal compensation division between a spouse and the deceased’s children. However, the law entitles a spouse to no less than one-third of the compensation amount. When there is no spouse or children, the married parents of the deceased will share equally in the compensation. Parents may request an apportionment of compensation between them when they no longer live together or are divorced. And when one surviving parent remains, they receive the total compensation.
The grieving process is critical after a significant loss. Sadly, vital evidence is often lost in the hours and days following a tragic event leading to wrongful death. While you require time to begin processing the tremendous life-changing experience, the documentation of a case slowly begins to disintegrate without action by wrongful death lawyers. Even more overwhelming is that the negligent party is likely already mounting a defense by gathering this evidence in a case, using it to their benefit when possible. Taking these beneficial steps may significantly improve the outcome of your claim:
A wrongful death lawyer will guide you through the process, accomplishing vital goals to create a sound claim. Information like an automobile’s black box data, video surveillance footage, cell phone records, a company’s hiring practices, and even the negligent party’s medical records may be critical to proving negligence. A wrongful death lawyer will file any action necessary to collect this evidence before it is lost, erased, or destroyed. Our swift action can make a difference in your wrongful death claim.
The general time limit to file a wrongful death claim in Georgia is two years from the date of death. However, exceptions may apply, allowing for the tolling or extension of time to file a claim. The statute of limitations may also be shorter in specific incidents, such as those involving a government entity or employee. Because these timelines are strict, we recommend contacting us as soon as possible. Failing to file a claim within the allowed time will result in a loss of the ability to seek compensation. Newnan wrongful death law firms like J. Ryan Brown Law LLC will help you initiate the necessary actions to protect your rights.
Our wrongful death lawyers in Newnan, GA, are ready to apply local and state law to your claim to determine the available compensation avenues and maximum potential in a case. Insurance limits of the negligent party, whether a business or private party is responsible for the death of your loved one, and the personal assets of the responsible individual when insurance limits are exhausted may impact your compensation potential. We can provide a multi-dimensional approach to account for every option available. Wrongful death cases may be the result of the following:
Identifying multiple potentially liable parties is crucial in these cases to demand accountability. The events surrounding tragedies, like wrongful death accidents, are rarely straightforward. We will tirelessly strive to untangle complex webs to find the answers and demand the highest financial compensation available to you.
We remain committed to the fight for justice no matter how long a case takes. While some claims may settle with the insurance company in shorter times, others may go to court, requiring a longer commitment from you and us. We will work to make the court process as easy on your family as possible while keeping you abreast of changes in your case as they arise.
In some instances, legal battles can take years, while other cases are settled in months. Ultimately, we work for you and can advise on the most favorable action. You are part of the team making the most informed, beneficial decisions for your family. Former client reviews attest to our dedication and commitment to each case.
The mission of J. Ryan Brown Law LLC is to bridge the gap for your loved one, seeking to provide a comprehensive evaluation of the full value of their life and translate that into support for your future. Schedule a free consultation with a Newnan, GA, firm today. Our unwavering support is available in one of life’s most critical junctions.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC
