Gainesville, GA Wrongful Death Attorney

Proficient Wrongful Death Lawyers in Gainesville and North Georgia

Gainesville wrongful death attorneyWe understand that losing a loved one due to someone else’s negligent or reckless actions is one of the most traumatic experiences a person can endure. Although the grief during this time may feel overwhelming, it’s crucial to engage an experienced team of trial attorneys promptly to investigate and preserve evidence for a potential wrongful death claim. If a wrongful death claim is warranted, the surviving family members have the right to pursue legal action against the responsible party. Our Gainesville GA Wrongful Death Attorney works on a contingency fee basis, meaning there are no upfront costs for the family to retain our dedicated, compassionate, and experienced legal team.

Our Expertise in Managing Wrongful Death Claims

Kristy, Dustin, and Jennifer have successfully handled numerous wrongful death cases. While these cases can stem from various circumstances, the most common causes of these tragic events include:

  • Collisions involving trucks
  • Automobile accidents in Gainesville, GA
  • Drunk driving accidents
  • Motorcycle crashes
  • Bicycle accidents
  • Pedestrian accidents
  • Rollover accidents caused by tire blowouts
  • Failures of safety restraints in crashes
  • Fatalities due to defective and unsafe products
  • Defective medical devices

Fatal Automobile Accidents in Gainesville, GA

Automobile accidents in Gainesville, GA, claim dozens of lives annually, with thousands of fatalities occurring statewide. When a driver fails to exercise reasonable care while operating a vehicle, leading to injury or death—whether to another motorist or a pedestrian—a wrongful death claim can be pursued.

Catastrophic Truck Collisions

Due to the immense size and weight of tractor-trailers and other commercial vehicles, collisions involving them often result in catastrophic injuries or fatalities. In these cases, multiple parties, including the motor carrier, shipper, and other third parties with control over the truck or driver, may be held liable. Early involvement of qualified accident reconstruction experts is crucial to preserving evidence in truck accident cases.

Drunk Driving Accidents

Collisions caused by drunk drivers frequently result in severe injuries or fatalities. Liability in these cases may extend beyond the driver to include the driver’s employer (if the accident occurred during work), the vehicle owner (for negligent entrustment), or even the establishment that served alcohol to the driver, under a “dram shop” claim.

Serious Motorcycle Accidents

Motorcycle collisions often lead to serious injuries or fatalities due to the direct impact riders typically endure. Motorcyclists have the same rights to use the road as other drivers, and it is everyone’s responsibility to share the road safely with motorcycles.

Dangerous Bicycle Accidents

Bicycle accidents can result in severe injuries or fatalities, as bicycles are even smaller and less visible than motorcycles. Contrary to common belief, bicyclists have the right to use the roadway, and doing so often makes them more visible and safer than riding on a sidewalk.

Fatal Workplace Accidents

Workplace accidents at construction sites and industrial facilities that result in death often lead to liability under Georgia’s workers’ compensation law, regardless of fault. However, it is vital to investigate potential third-party liability, as workers’ compensation beneficiaries are not entitled to the full value of their loved one’s life.

Defective Automotive Products

Defective automotive products, such as tire blowouts, rollover accidents, and safety restraint failures involving seat belts, airbags, and seatbacks, can lead to fatalities or severe injuries in crashes that should have been survivable. These cases require thorough investigation to determine liability.

Medical Malpractice Fatalities

Medical malpractice occurs when a healthcare provider breaches the “standard of care,” leading to or contributing to a patient’s death. The standard of care refers to what a reasonable physician would do under similar circumstances. These cases are complex and require an experienced attorney with specialized knowledge to navigate.

Who Can File a Wrongful Death Claim in Gainesville, GA?

Georgia law, specifically O.C.G.A. 51-4-2, outlines who is eligible to file a wrongful death claim. If the deceased is survived by a spouse, the spouse has the right to recover the “full value” of the decedent’s life. If there is no surviving spouse, the claim can be brought by the surviving children. In the absence of a surviving spouse or children, the parents of the deceased may bring the claim.

The victim’s estate also plays a role in the wrongful death claim, particularly in recovering certain expenses, such as medical and funeral costs. Additionally, the estate may seek damages for the mental anguish and pain and suffering the victim endured before their death.

In many wrongful death cases, we pursue punitive damages when the defendant’s actions were so willful, wanton, and reckless that additional compensation is warranted to punish the defendant and deter similar behavior in the future.

Our experienced Gainesville GA Wrongful Death Attorney at Davies Hothem Injury Law will walk you through this terrible time.

What Can Entitled Individuals Recover in a Wrongful Death Claim?

Those who are entitled to file a wrongful death claim in Georgia can recover the “full value of the life of the decedent,” as defined by O.C.G.A. 51-4-1. This amount is calculated without deducting any personal or necessary expenses the decedent would have incurred had they lived.

Additionally, the victim’s estate is entitled to recover special damages, which include economic losses such as medical and funeral expenses. The estate may also pursue punitive damages, which are awarded when the defendant’s actions are found to be willful and wanton, serving as a punishment and a deterrent for similar conduct in the future.

Contact Our Gainesville GA Wrongful Death Attorney Today

At Davies Hothem, we are committed to offering steadfast support to you and your family as you navigate the difficult journey of 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. We offer free consultations, and our attorney’s fees are always contingent on securing a recovery. This means you won’t pay any attorney’s fees unless we successfully recover compensation for you.

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.