We have a new home location! We are now located at 3700 Crestwood Parkway, Suite 600, Duluth, GA.

When a person dies due because of someone else’s wrongful actions, a wrongful death claim may be brought by the victim’s family to recover compensation. These cases can arise in both civil matters (a car accident, for example) or in criminal cases (a murder, for example). A wrongful death lawyer can help you step by step along the way through this tough process.

Wrongful Death Lawyer in Norcross, GA

Wrongful Death Lawyer in Norcross

A wrongful death lawsuit is separate from a criminal trial. In a wrongful death case, the victim’s family is eligible to recover monetary damages, while in a criminal trial, the defendant may be convicted of a crime and can go to prison.

We Have Some of the Best Wrongful Death Lawyers in Norcross

The wrongful death attorneys at Kevin A. Adamson, P.C. understand that no amount of money can make up for your loved one’s death, but it can help you stay financially stable and provide some sense of closure after a loss. The settlement from your claim can cover medical expenses and funeral costs, as well as intangible losses like loss of consortium and loss of emotional support.

If you have lost a family member due to a negligent or wrongful act of another person, the Norcross wrongful death law firm of Kevin A. Adamson, P.C. want to help you pursue a wrongful death claim. We will treat your case with the compassion and respect you deserve as you endure one of life’s toughest challenges.

We are always available for a free, confidential consultation. So contact us today to find out more about your rights and options.

What Is Considered Wrongful Death?

Wrongful death is a legal term that refers to the death of a person caused by the negligence or wrongful act of another person. When someone dies as a result of someone else’s negligence, their surviving family members may be able to file a wrongful death lawsuit to seek compensation for their losses.

The types of losses that can be recovered in a wrongful death lawsuit include:

  • Medical expenses
  • Funeral expenses
  • Lost wages
  • Pain and suffering
  • Emotional distress

The amount of compensation that a wrongful death victim’s family can receive will depend on the specific facts of their case. However, in general, the more severe the injuries and the more significant the losses, the larger the award will be.

If you have lost a loved one due to someone else’s negligence, you should contact an experienced wrongful death lawyer to discuss your legal options. A lawyer can help you understand your rights and can fight for the compensation that you deserve.

Who Can File a Wrongful Death Lawsuit in Georgia?

Each state has rules for bringing a wrongful death action. These are generally referred to as wrongful death statutes. Here in Georgia, the wrongful death statute provides very specific guidelines about who may pursue a wrongful death claim in court. These rules are established to protect the immediate family of the deceased.

According to Georgia law, a surviving spouse is first in line to bring a wrongful death claim. The spouse may also represent the interests of the minor children they had with the deceased. When children are involved, the spouse is always eligible to keep at least one-third of the damages and would then split the remaining compensation from the suit with the children.

If the deceased does not have a surviving spouse or any children, their parent or parents may bring a wrongful death claim. Finally, a personal representative of the deceased person’s estate may bring the claim to benefit the next surviving relative.

What Do You Have to Prove in a Wrongful Death Case?

Doctor causes the wrongful death of a patient in Georgia.In order to win a wrongful death suit (for example, a car accident) you will need to gather evidence about the circumstances surrounding the death. This can include police reports, accident reports, and other evidence from the accident that resulted in your loved one’s death, such as photographs from the scene or statements from witnesses.

Additional evidence often includes medical records to shed light on the pain and suffering that the deceased endured as a result of their injuries prior to death, as well as the bills from any treatments. A more in-depth investigation is often necessary for wrongful death suits to provide the court with a complete picture of the events surrounding the untimely death.

The Norcross wrongful death attorneys at Kevin A. Adamson, P.C. are experienced in gathering all of the evidence you need for this kind of case, and we can retain skilled professionals to conduct additional investigations when needed. All of our resources are available to you as we fight for justice.

Compensation for a Wrongful Death in Norcross

If you receive a favorable outcome in your wrongful death lawsuit, compensation will be awarded as monetary damages. These damages are calculated by the court based on the details of your case.

Financial damages, often called compensatory damages, can be any type of loss incurred by the deceased and the surviving family. Actual damages are intended to replace what is lost. Some examples could be medical expenses incurred up until the deceased’s death, funeral costs, and burial costs. General damages are slightly more abstract because they require assigning a monetary value to things that generally do not have a price tag. Examples of general damages may be pain and suffering, mental anguish, and loss of enjoyment of life.

At Kevin A. Adamson, P.C., our wrongful death attorneys can provide all of the support you need as we build your case and assess the damages that may be available to you. Some of the most common actual and general damages you may be able to recover in a wrongful death lawsuit include:

  • Medical Expenses – In wrongful death suits, you can recover the cost of medical expenses incurred by your loved one prior to their death, if the expenses resulted from the same incident that ultimately caused their death. For example, if your loved one was injured in a car crash, spent two weeks in the hospital, and then ultimately died from their injuries, the cost of the two weeks in the hospital can be reimbursed through a wrongful death claim.
  • Funeral Expenses – Funerals can be very costly, and a wrongful death settlement or verdict may provide financial damages that will cover the cost of your loved one’s funeral, burial, cremation, and other associated costs.
  • Loss of Support – Loss of support can include both financial support and emotional support. You can recover money to make up for all the lost wages your loved one would have earned had they not passed away. You can also recover money for the loss of emotional support they would have provided to you throughout their life.
  • Loss of Services – Your loved one may have provided specific services at your household, like caring for children, mowing the lawn, cleaning the house, picking up your children from school, and other daily tasks that will now be left to someone else. A monetary value can be assigned to these types of tasks as loss of services damages.
  • Loss of Consortium – Loss of consortium is a legal term for the love and companionship provided by a family member that is lost due to the actions of the defendant.
  • Punitive Damages – In some more extreme wrongful death cases, courts will allow for punitive damages to punish the defendant for their actions. To recover punitive damages, you will have to prove that the defendant’s actions were exceptionally egregious.

The exact amount of money you will be able to recover will vary depending on the details of your case. Our Norcross wrongful death lawyer can guide you.

How Our Norcross Wrongful Death Attorneys Can Help

Paperwork and gavel on the desk of a Norcross wrongful death attorney.At Kevin A. Adamson, P.C., we treat wrongful death claims with the utmost sensitivity and respect for your family. Our team can gather the evidence you need for your case, including collecting pertinent documents and conducting additional investigations as required.

Our wrongful death attorneys in Norcross know that one of the most important aspects of your claim is having a legal team that you can trust. We understand that your trust has been violated by those responsible for the death of your loved one, and we want to offer our services to make things right for you in the eyes of the law. We know that this is an incredibly delicate subject, so we will always treat your family with the utmost compassion and respect.

The Norcross personal injury lawyers at Kevin A. Adamson, P.C. work on a contingency fee basis because we believe that everyone has a right to the highest quality legal services. This means that your initial consultation is totally free and you never pay legal fees unless we win your case and recover compensation for your loss.

We want our services to bring you peace of mind in honor of your loved one, and this means you should never stress about how you will be able to afford legal support. Call or visit us today. Our office is located at 4295 International Blvd. NW Suite D NorcrossGA 30093.

Get a Free Consultation Or Call Now: 404-581-9100

Common Types of Georgia Wrongful Death Claims Our Law Firm Handles

Many situations can lead to untimely deaths. Our attorneys in the greater Atlanta area are equipped to handle any type of wrongful death claim. Some of the most frequent types of cases we see include:

  • Medical malpractice
  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Bicycle accidents
  • Pedestrian accidents
  • Airplane crashes
  • Workplace fatalities
  • Slip and fall accidents
  • Product defects
  • Nursing home abuse and neglect
  • Daycare abuse and neglect
  • Occupational exposure to hazards
  • Criminal behavior

It is important to note that if your loved one passed away as a result of criminal behavior, such as murder or assault, the criminal case is completely separate from the civil case. The burden of proof in criminal cases is also much higher than in civil cases. To be found guilty in criminal court, there can be no reasonable doubt as to guilt. In civil court, it just has to be more likely than not that the party was negligent. This means that even if the person responsible for your loved one’s death is found not guilty in criminal court, you could still have a good chance of recovering financial compensation from them in a wrongful death suit.

In cases that don’t involve an intentional criminal act, you will have to prove that the defendant was negligent. The legal definition of negligence has four components: duty, violation of duty, causation, and damages. You will have to prove all four of these components by a preponderance of the evidence to successfully bring a wrongful death claim.

How Long Do You Have to File a Wrongful Death Claim in Georgia?

Rules called the statute of limitations governs the time allotted to file claims in all states. This means that you must bring a claim within that time period, or else you give up your right to recover. In Georgia, the statute of limitations for wrongful death claims is generally two years after the date of the death.

There are some narrow exceptions to the statute of limitations for a wrongful death claim, namely if a criminal trial was involved. Criminal trials can take a very long time from start to finish, and the court system makes a great effort to keep criminal and civil proceedings separate. Because the two court systems use different burdens of proof, it is important that the less stringent burden of proof in a civil suit never affects the outcome of a criminal trial. Therefore, the statute of limitations is suspended until the criminal case is complete, and the two years to bring a wrongful death claim in civil court will begin tolling after the criminal trial is over.

Another factor that can affect the amount of time you have to file a wrongful death claim is the probate process. Probate is the legal term for wrapping up a decedent’s estate, which includes calculating their assets, paying off any debts, and making other arrangements according to their will, if they have one. Georgia allows up to five years to probate a will, and the two-year statute of limitations will begin to run once the probate is complete.

Contact Us Now for Legal Help with a Wrongful Death Case

If you have lost a loved one due to the fault of another person or entity in Norcross, Gwinnett County, or anywhere else in the greater Atlanta area, let Kevin A. Adamson, P.C. help you explore the possibility of a wrongful death claim to recover compensation for your loss. Our Norcross personal injury lawyers have decades of experience.

Contact us today for a free, confidential, no-obligation consultation to find out more about your legal rights and how our law firm can help you during this difficult time.

Learn How We Can Help You