Duluth Wrongful Death Lawyer

Anyone who has lost a loved one can attest to the intense pain and upheaval grief can cause. The emotional turmoil can feel overwhelming, regardless of the circumstances surrounding the death. However, the sense of injustice can be particularly strong when a person dies before their time through the fault of another party. Not only must surviving family members deal with their grief, but they may also face sudden and unexpected financial hardship.

If this has happened to you, help is at hand. The Duluth wrongful death attorneys with Kevin A. Adamson, P.C. can seek to hold those at fault for your loss accountable for their actions. While the money we could recover through a wrongful death claim cannot undo what happened, it can provide you with a measure of justice and the financial means to rebuild. Contact us today for a free consultation, and tell us more about your loss.

What Is a Wrongful Death?

A death is wrongful if it was caused by another party’s negligent, reckless, or intentional actions. Filing a wrongful death claim can allow surviving family members to hold the at-fault party financially accountable for what they did. It can also compensate the victim’s loved ones for the financial and psychological losses they incurred due to the death.

What Are the Common Causes of Wrongful Death?

Some of the most common causes of wrongful death in Duluth include:

  • Motor vehicle accidents – Recklessness, intoxication, distraction, and other negligent driving behaviors causing motor vehicle crashes are among the leading causes of injury-related deaths in the United States, according to the National Safety Council.
  • Medical malpractice – Preventable medical errors claim hundreds of thousands of lives annually.
  • Defective products – When a dangerous or defective product leads to injury or death, the manufacturer can be held liable. Some common defective products in wrongful death cases include faulty auto parts, dangerous drugs and medical devices, and home goods and appliances.
  • Premises liability accidents – Property owners have a duty to keep their premises reasonably safe for visitors. Failing to fix hazards or warn of dangers can lead to fatal slip-and-falls, electrocutions, drownings, and other accidents.
  • Workplace accidents – Employers are required to maintain safe working conditions. Construction accidents, industrial equipment malfunctions, and other occupational hazards cause many job-related deaths each year.

What Must Be Proven to Have a Wrongful Death Claim?

To win your wrongful death claim, you must show that your loved one’s death would not have happened but for someone else’s action or inaction.

In the case of negligence, that means showing the following for a wrongful death case:

  • The other person did something they shouldn’t have done or failed to do something they should have done. For example, a driver was texting behind the wheel, or a doctor didn’t treat a serious health issue as generally accepted practice requires.
  • That person’s actions directly led to your loved one’s death. There must be a clear link between what the person did wrong and the cause of death.
  • You suffered financially and emotionally due to the death of your loved one.

These elements apply only when negligence is the underlying cause of action. Other grounds, like intentional acts and product liability, have different standards. A wrongful death lawyer can help gather evidence to prove these elements and show precisely how the at-fault party’s actions led to the death of your loved one. Contact our Duluth wrongful death lawyer today.

Who May File a Wrongful Death Claim?

Georgia law prioritizes the rights of certain family members to file a wrongful death claim.

The order of priority in Duluth wrongful death cases is as follows:

  1. The victim’s spouse
  2. If there’s no surviving spouse, the victim’s children
  3. If there’s no surviving spouse or children, the victim’s parents

If the victim doesn’t have any of these surviving family members, a representative of their estate may file a wrongful death lawsuit for the next of kin. A Duluth wrongful death attorney can help.

What Compensation Can Be Paid in a Wrongful Death Lawsuit?

A wrongful death lawsuit in Duluth can compensate the victim’s surviving family for the losses and other expenses they have suffered due to the death of their loved one. These losses can include:

  • Medical expenses
  • Burial and funeral costs
  • Loss of income, benefits, and any expected inheritance
  • Loss of companionship, care, advice, comfort, and consortium
  • Loss of services

A court may also award punitive damages in exceptionally reckless cases to punish the defendant’s egregious behavior. An experienced wrongful death attorney can determine which types of wrongful death damages you may be owed to pursue the full and fair compensation your family deserves.

How Are the Proceeds of a Wrongful Death Claim Distributed?

The proceeds from a wrongful death award go first to cover any related expenses, like legal fees and funeral costs. The remainder is distributed among the beneficiaries according to Georgia’s inheritance laws. An experienced Duluth wrongful death attorney can give you a more specific answer to your particular situation.

Is There a Time Limit for Filing a Wrongful Death Claim in Georgia?

Georgia’s statute of limitations stipulates that surviving family members or heirs may file a wrongful death lawsuit up to two years from the date of the victim’s passing. However, there are some exceptional cases where the timeline might differ, such as when the death is the result of a crime. A skilled Duluth wrongful death lawyer can pursue your claim in a timely manner to avoid any issues with the statute of limitations.

How Long Do Most Wrongful Death Cases Take to Settle?

Relatively straightforward wrongful death cases can settle within a matter of months, while more complicated ones can take several years. Particularly complex cases might take even longer. An attorney can evaluate your case specifics and provide guidance on the expected timeline.

Contact a Duluth Wrongful Death Lawyer

The legal team at Kevin A. Adamson, P.C. strongly believes you deserve to hold the at-fault party accountable for what they took from you. Let us fight for the justice and compensation you deserve. Contact us today for a free consultation with an experienced and compassionate wrongful death attorney in Duluth. Duluth personal injury lawyer.