Brookhaven Wrongful Death Lawyer

Wrongful Death Attorney in Brookhaven, GA

When a preventable death occurs, families are left not only with grief but with unanswered questions. A Brookhaven wrongful death lawyer at Hall & Lampros, LLP can help survivors in a civil case when the loss resulted from the carelessness, recklessness, or intentional misconduct of another party. 

Georgia law makes it possible to seek justice if your loved one was killed in a violent collision, fell victim to an unsafe property condition, medical mistake, or some other type of foreseeable circumstance. Understanding how Georgia’s wrongful death law applies to your family’s situation can be an important first step toward financial recovery.

Hire a Wrongful Death Lawyer

Wrongful death claims are different from your typical personal injury claim. Coordinating the factual investigation, financial analysis, and statutory standing requirements can be complex. Hall & Lampros, LLP understands that complexity, as we have over 60 years of collective experience representing Georgia families who have been affected by a catastrophic injury or fatal loss. 

These cases are often litigated at the trial level and often include economic and accident reconstruction consultants and/or medical professionals to project the impact of the loss on surviving family members. Representing families in Brookhaven and across Georgia, we prepare each and every case as if it may need to withstand trial scrutiny.

How Georgia Wrongful Death Law Works

Georgia law does not permit just anyone to file a wrongful death claim. Instead, there is a well-defined priority list. O.C.G.A. § 51-4-2 prioritizes the surviving spouse as the party entitled to initiate the claim, followed by the children if no spouse exists. In rare cases, the action may also be pursued by a parent or personal representative of the estate.

The goal of a wrongful death action is to recover the full value of the life of the deceased, as recognized under Georgia law. This may include tangible aspects, such as loss of financial support, and intangible components like companionship and guidance. Determining who has legal standing is often the first legal issue discussed.

Investigations and Evidence in Brookhaven Cases

Depending on where in Brookhaven the fatal accident occurred, either the Brookhaven Police Department or another responding agency may conduct an investigation. Crash reports, accident reconstruction reports, medical examiner records, and surveillance videos may all be used as evidence in a civil claim.

Due to Brookhaven’s collection of residential areas, commercial districts, and thoroughfares with heavy commuter traffic, evidence might also be obtained from local security cameras or adjacent businesses. Reviewing what documents are available as soon as possible can be an important step in helping to preserve the evidence underlying a wrongful death claim.

Economic and Intangible Damages in a Fatal Injury Case

Damages in a wrongful death claim are not simply the sum of medical bills and lost wages. Georgia law allows recovery for both the economic value of an individual’s life and its intangible components. Economic damages can include lost earnings, benefits, and anticipated lifetime earnings. Intangible damages may be available to account for the loss of the decedent’s companionship, guidance, and care. 

Financial professionals are often consulted in these matters to project earning capacity and work-life expectancy. A comprehensive damages assessment is often necessary to present a full and accurate valuation of the claim.

FAQs

Do Preventable Deaths Occur Often in Metro Atlanta?

Civil wrongful death actions often arise from external causes rather than natural disease. According to Vital Statistics published by the state of Georgia, the Fulton County death rate was 684.1 deaths per 100,000 population in 2023. 

External causes accounted for 12.3% of those deaths, totaling 879 fatalities in Fulton County. Across Georgia, 2023 data reveal that 20% of all road deaths that year involved pedestrians or cyclists, reinforcing the impact of external factors.

How Is Fault Proven in a Georgia Wrongful Death Case?

Fault in Georgia wrongful death cases is established by proving that another party’s negligence or wrongdoing directly caused the injury that led to death. This usually involves demonstrating the existence of a duty of care, a breach of that duty, causation, and damages. 

Evidence may be presented in the form of professional testimony, violations of safety policies or procedures, medical findings, or documentation showing unreasonable conduct. The party bringing the claim typically bears the burden of proof.

Can a Criminal Case and a Wrongful Death Legal Claim Happen at the Same Time?

A criminal prosecution and a wrongful death action can run concurrently because they are separate legal proceedings. A criminal action is initiated by the state and concerns punishment. A wrongful death claim is a civil suit that must be filed by surviving family members. The civil claim seeks financial compensation. The outcome of one proceeding is not binding on the other, although evidence from the criminal matter could become admissible in the civil action.

What is the Difference Between a Wrongful Death Claim and an Estate Claim?

In Georgia, wrongful death claims and estate survival actions are separate legal claims that may arise after a fatal event. A wrongful death claim seeks recovery for the full value of the decedent’s life from the perspective of the deceased. 

A survival action, brought by the estate, allows recovery for medical expenses, funeral costs, and pain and suffering experienced before death. Because these claims involve different damages and may be filed by different parties, understanding the distinction is important.

Contact a Brookhaven Wrongful Death Lawyer

In Brookhaven, families who have lost a loved one due to the negligent actions of another may be entitled to seek civil damages under Georgia law. Hall & Lampros, LLP has been serving families throughout the state and offers free case evaluations to discuss your case and potential claim. Spanish-speaking team members are available.The timeframe for filing a wrongful death claim in Georgia is generally limited to two years following death, with a few exceptions. An experienced wrongful death lawyer can explain how the statute of limitations may apply in your case and what steps can be taken to protect your family’s rights. Contact us today for a consultation and hire a wrongful death lawyer.