Gainesville, GA Wrongful Death Attorney
Experienced Wrongful Death Lawyers in Gainesville and North Georgia
We understand that losing a loved one due to negligent or reckless conduct will be one of the most traumatic experiences in a person’s lifetime. While grief during this time may be unbearable, it is important to hire an experienced team of trial attorneys to investigate and preserve evidence for a potential wrongful death claim as soon as possible. If a wrongful death claim exists, the victim’s surviving family members are entitled to bring a wrongful death claim against the person or company responsible for the death. Our team of Gainesville GA Wrongful Death Attorneys always work on a contingency fee. This means that the family pays zero upfront costs to retain our team of fierce, compassionate, and experienced wrongful death attorneys.
Our Experience Handling Wrongful Death Cases
Kristy, Dustin and Jennifer have handled hundreds of wrongful death cases. While a wrongful death case can arise in many situations, the most common situations these tragedies arise out of include:
- Gainesville, GA Automobile accidents
- Drunk driving collisions
- Bicycle collisions
- Pedestrian collisions
- Motorcycle collisions
- Truck collisions
- Rollover collisions from a tire blowout
- Safety restraint failures in a collision
- Deaths resulting from any defective and unsafe products
- Medical devices
Automobile Accidents in Gainesville GA result in dozens of deaths annually, and thousands of deaths statewide. Any time a driver fails to use reasonable care while operating a motor vehicle and that failure injures or kills another person (even pedestrians), a wrongful death action exists.
Large Truck Collisions. Due to their sheer size and weight, tractor trailers and other commercial motor vehicles often result in catastrophic injury. In commercial or large truck collisions, multiple parties may be held responsible, including the motor carrier, the shipper and other third parties exercising control over the truck or driver at the time of the collision. Early inspections by qualified accident reconstruction experts to preserve evidence are critical in truck accident cases.
Drunk Driving Collisions. Drunk drivers often cause serious collisions. Liability for injury and death in a drunk driving collision may extend beyond the driver and could include the driver’s employer if the collision occurred in the course and scope of employment, the owner of the vehicle for negligent entrustment, or even the establishment that served alcohol to the driver in a “dram shop” action.
Motorcycle Collisions commonly result in serious injury or death as they almost always result in a direct and physical impact with the rider. We believe motorcyclists have the same rights to use the roadway as any other motorist and everyone is responsible for sharing the road safely with motorcycles.
Bicycle Collisions often result in serious injury or death as they are even smaller and harder to see than motorcycles. Despite common belief, bicyclists have the right to travel on the roadway and in fact, it is safer that way. A bicyclist is more visible following the rules of the roadway than on a sidewalk.
Workplace Accidents at construction sites and industrial facilities that result in a death usually give rise to liability under Georgia’s worker’s compensation law, regardless of fault. It is important that third party liability outside of worker’s compensation is thoroughly investigated as worker’s compensation beneficiaries are not entitled to the full value of their loved one’s life.
Defective Automotive Products from tire blowouts, rollover collisions and roof crush, safety restraint failures involving seat belts, airbags, and seatbacks may fail to perform and result in death or serious injury in what should have been a survivable crash with minor injuries.
Medical Malpractice occurs when a physician or other healthcare breaches the “standard of care” in a way that causes or contributes the patient’s death. Generally, the standard of care is what a reasonable physician would do in the same or similar circumstances. Medical malpractice cases are complex and require an experienced attorney with knowledge
Who can bring a Wrongful Death Case?
The family members entitled to bring a wrongful death claim are determined by Georgia law in O.C.G.A. 51-4-2. If there is a surviving spouse, he or she may recover the “full value” of the life of the decedent. If there is no surviving spouse, surviving children bring the claim. If there are no surviving children, the deceased victim’s parents bring the claim.
The victim’s estate will also be a party to the wrongful death claim for certain expenses, such as medical and funeral expenses. The Estate may also recover damages for the mental anguish and the pain and suffering experienced by the victim prior to their death.
In many wrongful death cases, we also seek punitive damages as the defendant’s conduct was so willful, wanton and reckless, that punitive damages are warranted to punish and deter the defendant from engaging in the same or similar conduct in the future.
Our experienced Gainesville, GA Wrongful Death Attorneys at Davies Hothem Injury Law will walk you through this terrible time.
What do entitled individuals have the right to recover?
Individuals who are entitled to bring the wrongful death claim may recover the “full value of the life of the decedent” without deducting for any necessary or personal expenses of the decedent had he lived. This is according to O.C.G.A. 51-4-1. The victim’s estate is entitled to recover special damages or economic losses, such as medical and funeral expenses and punitive damages. Punitive damages are allowed only when the defendant’s conduct amounts to willful and wanton behavior.
Contact Our Team of Gainesville, GA Wrongful Death Attorneys Today
At Davies Hothem, we will provide unwavering support to you and your family as you navigate losing a loved one. Davies Hothem Injury Law has extensive experience in the field of wrongful death, having handled many wrongful death cases throughout Georgia. Our consultations are free and our attorney’s fees are always contingent on a recovery. This means there are no attorney’s fees unless there is a recovery.
If you need an experienced and compassionate team of wrongful death lawyers to demand justice for you and your loved one, contact us today at 678-780-7817.