Athens Wrongful Death Attorney

Standing with You through this Difficult Time 

The loss of a loved one is a complex and highly emotional experience, but it is even more trying when another party’s recklessness or negligence causes the accident. In addition to the unimaginable emotional toll of losing a loved one, financial difficulties mount and are left upon the surviving family members to overcome.

At The Law Offices of Joshua W. Branch, LLC, our dedicated Athens wrongful death lawyers have the skill and experience to help you navigate these challenging legal matters.

Our approach to handling wrongful death claims is thorough and compassionate. We understand the unique challenges that each case presents, and we work tirelessly to build a strong foundation for your case by gathering all necessary evidence, consulting with experts, and evaluating the full impact of the loss on your family. We aim to ensure you receive the support and resources you need during this challenging period.

Have you lost a loved one due to someone else's negligence? Call The Law Offices of Joshua W. Branch, LLC today at (706) 760-9220 or contact us online to discuss your legal options and get the support you need during this challenging time!

Georgia's Wrongful Death Statute Explained

Under O.C.G.A. § 51-4, if a person is killed by the wrongful act of another person or company, then the decedent's surviving family may file a wrongful death claim against the responsible parties in pursuit of damages equal to "the full value of the life of the decedent.

Understanding Georgia's wrongful death statute is crucial for making informed decisions after a tragic loss. This statute helps clarify who is eligible to file a claim and what types of damages can be sought. These may include compensation for the decedent's tangible and intangible contributions to their family. Familiarity with these rules allows families to navigate their legal options more effectively and ensure their rights are protected.

Georgia's wrongful death statute specifies the following rules:

• Wrongful death lawsuits must generally be filed within two years of the decedent's death, with certain exceptions.
• Surviving spouses are given priority for wrongful death claims, followed by surviving children. If the decedent had no spouse or children, this right would be given to their parents or guardians instead.
• The "full value of life" includes both tangible losses (such as lost money they would have earned) and intangible losses (such as relationships with family and reasons for living).
• The deceased's family may also bring a claim on behalf of their estate for damages related to pain and suffering, medical bills incurred before death, funeral expenses, and other items.

Families need to understand both the immediate and long-term financial impacts of their loss and how these can be addressed through the wrongful death claim process. This understanding is crucial when consulting with an attorney to ensure that all avenues of compensation are explored and considered.

Who Can File a Wrongful Death Lawsuit in Georgia?

A common question when pursuing a wrongful death claim is "who gets the money in a wrongful death lawsuit?" The answer: Surviving family members.

The right to file a wrongful death lawsuit in Georgia passes according to the following hierarchy:

• Spouses
• Children (if there is no surviving spouse)
• Parents or guardians (if there is no surviving spouse or children)

The surviving spouse is entitled to at least one-third of the total compensation, with the remaining award shared among the decedent's children. If representatives of the estate file the wrongful death claim, all awarded damages will be held in the estate and properly distributed.

Navigating who can file and receive benefits from a wrongful death claim can be complex. Our team is here to clarify these processes and ensure families understand their rights. It's vital to consult legal professionals who can guide families through these steps, ensure all eligible parties receive their rightful compensation, and ensure claims are filed correctly and efficiently.

Common Wrongful Death Accidents

Wrongful death cases can arise from many different incidents; however an alarming number of deaths occur from car accidents on our highways. According to data from the Insurance Institute for Highway Safety (IIHS), there were 34,247 fatal motor vehicle crashes in the United States in 2017, resulting in 37,133 total fatalities. 

This equals 11.4 deaths per 100,000 people, or 1.16 deaths per 100 million miles traveled. 1,440 of these fatal crashes were from Georgia alone, with 56% of drivers killed having a blood alcohol concentration (BAC) of 0.08% or higher. 67% of fatal crashes in Georgia in 2017 occurred in urban areas, with the remaining 37% occurring in rural areas.

Other common causes of wrongful death in Georgia include:

• Medical malpractice
• Bicycle accidents
• Workplace accidents
• Boating accidents
• Bus accidents
• Motorcycle accidents
• Truck accidents
• Intentional harm / murder

Paying attention to the patterns and statistics related to wrongful death accidents can help understand the risks involved in daily activities. Awareness can prevent future incidents by promoting safer practices on the road and in the workplace. Educational initiatives and legislative advocacy are essential to reducing these tragic occurrences and protecting Georgia's communities.

Georgia Wrongful Death Damages for Surviving Family Members

Surviving family members of the deceased may be entitled to recover compensation for the following wrongful death damages in Georgia:

• Final medical expenses incurred related to the accident
• Loss of future income
• Funeral and burial costs
• Pain and suffering of the decedent prior to their passing
• Loss of consortium (companionship)

The exact value of your claim and the types of damages available will vary depending on the specific facts of your case. Our firm's Athens wrongful death lawyer is intimately familiar with the complexities, demands, and personal pressures of wrongful death litigation in Georgia and can use this knowledge to help your family seek maximum compensation for your loss.

Understanding the full scope of available damages is crucial for families seeking justice. In addition to covering immediate expenses, these damages aim to provide long-term security for the survivors, acknowledging both the tangible financial losses and emotional impacts of losing a loved one. It's essential to carefully evaluate each component of potential compensation to ensure comprehensive recovery support.

Local Trends & Insights into Wrongful Death Cases in Athens

Witnessing the trends in wrongful death cases in Athens can provide pivotal insights into common accident triggers and highlight areas for safety improvement. By identifying prevalent factors such as reckless driving in high-traffic areas like the Atlanta Highway or Georgia State Route 316, local authorities can advocate for more stringent traffic regulations or improved road safety measures. Observing these trends helps understand the causes behind tragic accidents and inspires local community initiatives to reduce such incidents.

Keeping an eye on recent legal changes can also influence the outcomes of wrongful death claims. Local legislative updates, such as those affecting liability laws or the definition of negligence in Georgia, could impact how families approach their cases. Our team stays abreast of these developments to ensure that claims are constructed with the most current legal standards in mind, maximizing the potential for positive client outcomes.