Gainesville Wrongful Death Lawyer

Wrongful Death Attorney in Gainesville, GA

Losing a loved one unexpectedly can be incredibly hard. It may feel like life will never be the same without them. This loss can be made worse when their passing was due to negligence or misconduct. During this difficult time, it is important to seek the legal counsel of a skilled Gainesville wrongful death lawyer.

Hire a Wrongful Death Lawyer

If your loved one passed away and you believe it was preventable, contact our attorneys at Pleasant Law, PLLC. When you choose our firm to represent you, you will have access to your attorney to help guide you through this tumultuous process and offer our support as you grieve. Our experienced Gainesville personal injury lawyer team will handle and advocate for you throughout the legal proceedings, allowing you space to cope with your loved one’s untimely loss.

What is a Wrongful Death Claim in Georgia?

Under Georgia Law, a wrongful death is when the death of a person results from a crime, from criminal actions, or other negligence, or from property that has not been properly manufactured, whether or not as a result of negligence.

In Georgia, the leading cause of wrongful death is motor vehicle accidents. According to the National Highway Traffic Safety Administration, Georgia had 1,615 car accidents resulting in fatalities in 2023. Other leading causes of wrongful death in Georgia are:

• Medical malpractice, negligence, or mistakes
• Occupational or workplace accidents
• Use of defective products
• Nursing home abuse or neglect
• Criminal activity, such as deaths resulting from homicide, assault, or other felonies.

If your loved one passed away from any of the above ways due to negligence or crime, you may bring a lawsuit for their death if you are their spouse, child, surviving parent, or personal representative. A dedicated Gainesville car accident lawyer can help you investigate collisions involving negligence to start the process of pursuing justice today.

Damages Available to the Surviving Family

Georgia allows for two types of damages from wrongful death: money to compensate for the loss of life and money to reimburse expenses caused by death.

When courts in Georgia look at the loss of life of the deceased, they include economic losses like estimated income the deceased would have earned had they survived, the expected value of other sources of income such as retirement and Social Security benefits, and an estimate of the value of work the deceased contributed to their family and home. Other damages that can be recovered are to cover medical expenses and the cost of the funeral.

This money is disbursed amongst the surviving family. If there is a surviving spouse, they will always receive at least one-third of any money, with the rest being divided amongst surviving children.

Georgia does not limit the amount of damages the plaintiff can receive in wrongful death lawsuits. However, Georgia does not allow punitive damages, and there are limits to how much compensation can be received for non-economic damages. Non-economic damages include pain and suffering and loss of companionship.

If you choose to pursue a wrongful death claim for the loss of your loved one, there is a statute of limitations in Georgia. For wrongful death claims, Georgia allows two years from the date of the death for wrongful death claims to be filed. Exceptions to the two-year clock are if the death was the result of a crime or if the deceased’s estate is not probated.

FAQs

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

In Gainesville, GA, a wrongful death lawsuit can be filed by family members in a strict order of priority that is dictated by Georgia law. The order of priority is as follows: surviving spouse, children, parents, estate representative. If you choose to pursue a wrongful death claim, a Gainesville wrongful death lawyer can help determine the appropriate filer and can help navigate the claim’s complexity and trial process, allowing you space to grieve your loved one.

What Damages Are Available in a Wrongful Death Claim Under Georgia Law?

Damages available in a wrongful death claim under Georgia law are to help compensate surviving family members for what is considered the full value of the lost contributions of the deceased. This value is based on economic value, like projected lifetime earnings, social security benefits, or loss of household services like maintenance. Non-economic damages include loss of companionship, pain and suffering, and loss of enjoyment of life.

How Long Do I Have to File a Wrongful Death Lawsuit in Georgia?

In Georgia, you have two years from the date of the person’s death to file a wrongful death lawsuit. There are exceptions to this rule. If the death resulted from a criminal act, then the wrongful death lawsuit deadline may be paused until the criminal case is resolved. Additionally, if there is a delay in officially probating the deceased’s estate or in appointing a personal representative, the statute of limitations is paused for up to five years.

How Can a Gainesville Wrongful Death Lawyer Help Families Pursue Justice and Compensation?

A Gainesville wrongful death lawyer can help families pursue justice and compensation by handling the legal process from investigating the accident and gathering evidence to negotiating with insurance companies and representing families during the trial process. By hiring a Gainesville wrongful death lawyer like those at Pleasant Law, PLLC, they can work to secure compensation for funeral costs, medical bills, lost future income, and loss of companionship. When you hire our team, we can help you pursue justice.

Hire Gainesville Wrongful Death Lawyer

With over 20 years of experience representing clients through stressful trials, our team at Pleasant Law, PLLC, is ready to help your family receive justice and compensation for the wrongful death of your loved one. Our team is experienced in advising grieving families through this process and pursuing rightful compensation to help ease your suffering.

With our client-centered approach, we are ready to discuss the path forward that fits the needs of your case so your family can heal from your tremendous loss and learn how to start moving forward. Contact our offices today and find out how our wrongful death lawyers can help you pursue the damages you may be entitled to.