Gainesville, GA Wrongful Death Attorney
Skilled Wrongful Death Lawyers Serving Gainesville and Surrounding Communities
We understand that losing a loved one suddenly can be the most traumatic experience in a person’s lifetime. Grappling with the news is almost unbearable when the wrongful death was the result of careless behavior. Depending on the circumstances, the victim’s surviving family members may be able to bring a wrongful death lawsuit. When you hire our Gainesville GA Wrongful Death Attorney, you become a member of our extended family.
We will do everything possible to relieve your legal burdens surrounding the death of a loved one. We will assist the appropriate party in setting up an estate and we will do everything in our power to obtain justice for such a tragic and unnecessary loss. If a loved one has died as a result of another person’s or company’s negligence or wrongdoing, consult with one of our Gainesville GA wrongful death attorneys today.
Types of Wrongful Death Cases We Handle
Please contact our team at Davies Hothem Injury Law to discuss your wrongful death case that resulted from any of the following:
- 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
Know that we are here to provide you with the most skilled, compassionate, and professional representation. We will pursue justice for you and your loved one with all of our might.
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 file the wrongful death claim if there are no surviving family members at the time of their death. The Estate is also entitled to bring a 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.
Let the experienced Gainesville GA personal injury attorneys at Davies Hothem Injury Law navigate Georgia’s wrongful death law for you.
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.
Georgia’s Wrongful Death Statute of Limitations
Georgia’s statute of limitations in typical personal injury actions is two years. If the case is not properly filed and served on all at-fault parties within two years following the victim’s death, you won’t be able to recover anything.
Contact Our Gainesville GA Wrongful Death Attorney
Surviving spouses, children, or other family members often face financial or emotional hardships as a result of a sudden and tragic death. As a consequence, sound legal advice is necessary. Survivors should be mindful that wrongful death lawsuits are not the same as cases involving non-fatal personal injuries.
Davies Hothem Injury Law has extensive experience in the field of wrongful death, having handled many wrongful death cases throughout Georgia. If you need an experienced and compassionate wrongful death lawyer to stand by your side in these trying times, contact us today.