Losing a loved one is always a devastating experience. When that loss results from someone else’s actions, the pain can be even more profound and the need for justice even more acute. At Parker Trial Law, we understand the immense emotional and financial toll that a preventable death can take on families. As your dedicated Albany, GA, wrongful death lawyer, we’re here to guide you through this difficult time and fight for the justice your loved one deserves.
Since our founding in 2016, Parker Trial Law has zealously represented clients in jury trials across Georgia, Alabama, and beyond. Our primary focus is on representing victims of serious injuries, including those who have lost their lives due to the negligence of others. With a commitment to taking cases to trial and a track record of success in high-stakes serious injury and civil law cases in both state and federal courts, we’re well-equipped to handle your wrongful death case with the care and dedication it demands.
Contact us today to discuss your family’s situation in a free, no-obligation case review.
How an Albany, GA, Wrongful Death Attorney Can Help You
A wrongful death case is more than just a legal action. It’s about seeking accountability for your loved one and ensuring that your family’s rights are protected. Understanding Georgia’s wrongful death laws, however, can be overwhelming without experienced legal support. At Parker Trial Law, our attorneys offer the following:
- Comprehensive Case Evaluation – We thoroughly investigate the circumstances surrounding the death, gathering evidence and consulting experts to build a strong case.
- Compassionate Guidance – We understand the emotional toll this process can take on families and are committed to providing compassionate, client-focused representation.
- Zealous Advocacy in Court – While some law firms prioritize settlements, Parker Trial Law prides itself on taking cases to trial to secure the maximum possible compensation for our clients.
Parker Trial Law brings extensive experience in state and federal courts to your case. We have successfully handled complex cases involving workplace accidents, electrocution, medical malpractice, motor vehicle collisions, and more. Our wrongful death law firm is dedicated to taking cases to trial because we believe that results matter, experience matters, and, most importantly, you matter.
What Compensation Is Recoverable in a Wrongful Death Claim?
In a successful wrongful death lawsuit, the court requires the defendant to pay damages, which is compensation that covers the losses claimed by the deceased person’s survivors or estate. In Georgia, wrongful death claims are divided into two categories of wrongful death compensation.
The first category compensates the surviving family for the “full value of the life of the decedent.” This includes both economic and non-economic factors, such as:
- Lost wages and benefits the decedent would have likely earned if they had lived
- Loss of services the decedent would have provided to their household
- Loss of care, companionship, guidance, and advice
The second category is intended to cover the financial losses the deceased person’s estate incurred due to the death. The estate’s executor must bring this claim and can include:
- Medical expenses related to the deceased person’s final illness or injury
- Funeral and burial costs
- Other necessary expenses arising from the illness, injury, or death
Our attorneys understand the emotional and financial implications of these cases and work tirelessly to help you receive the full range of compensation allowed under Georgia law.
How Are Wrongful Death Settlements Paid Out?
One common question families have after pursuing a wrongful death claim is how the settlement will be distributed. In Georgia, the way wrongful death settlements are paid out can depend on various factors. These include the relationship of the wrongful death beneficiaries in Georgia to the deceased and any specific provisions outlined in the settlement agreement.
In Georgia wrongful death settlements, the surviving spouse and the children of the decedent split the funds equally. However, the spouse must receive at least one-third of the total amount. If the decedent had a child who did not survive them, that child’s children would receive their share. The ability to recover compensation through a settlement is not subject to the debts of the decedent.
Our Albany, GA, wrongful death attorneys will work closely with you to understand your family’s needs and fight for a settlement that best supports your future.
What Do You Have to Prove in a Wrongful Death Case?
For a wrongful death case to succeed, certain elements must be proven in court. These elements form the foundation of your claim, and without establishing each one, compensation may not be awarded:
- Negligence – The first element involves proving that the responsible party acted negligently or wrongfully. This could be due to carelessness, recklessness, or intentional actions.
- Causation – It must be demonstrated that the defendant’s actions or negligence directly caused the death of your loved one.
- Damages – You must also prove that the death has caused quantifiable losses to the surviving family members, who are owed damages as a result.
At Parker Trial Law, our experience handling complex wrongful death cases means we know how to build a strong case that clearly demonstrates these elements. We’ll gather and present compelling evidence to support your claim, whether we’re negotiating a settlement or presenting your case to a jury.
Who Can File a Wrongful Death Lawsuit in Georgia?
In Georgia, state law specifies who is eligible to file a wrongful death lawsuit. Typically, this right is granted to certain close relatives of the deceased. According to Georgia law, who is allowed to file and benefit from a wrongful death lawsuit follows this order:
- The deceased’s surviving spouse
- If no spouse survives, the deceased’s child or children
- If no spouse or children are alive, the deceased’s parent or parents
- If there are no surviving spouse, children, or parents, the executor or administrator of the deceased person’s estate can file the claim
No other relatives, such as siblings or grandparents, are eligible to file a wrongful death claim under Georgia law. Only the individuals mentioned above have the legal right to pursue the claim. If the executor of the estate files the lawsuit, any amount awarded will go to the estate for the benefit of the deceased’s next of kin.
Understanding your rights as a potential beneficiary is crucial when pursuing a wrongful death lawsuit. Our legal team is here to guide you through the process and ensure that the proper parties are involved in seeking justice.
How Long Do I Have to File a Wrongful Death Lawsuit in Georgia?
The Georgia wrongful death statute of limitations gives you two years from the date of death to file a lawsuit in most cases. However, some exceptions can extend or shorten this timeframe:
If the death resulted from a crime, the statute of limitations may be paused (or “tolled”) until the criminal case is resolved, up to a maximum of six years.
If the deceased person’s estate has not been probated, the statute of limitations may be tolled for up to five years.
Given these complexities, it’s crucial to consult a Georgia wrongful death lawyer as soon as possible after the death to ensure your rights are protected. At Parker Trial Law, we’re well-versed in the Georgia wrongful death statute of limitations and will work diligently to file your claim within the appropriate timeframe.
What Are the Common Wrongful Death Cases?
Wrongful death can occur in various situations where negligence or misconduct leads to fatal injuries. Some of the most common causes of wrongful death in Georgia include:
- Motor Vehicle Accidents – Car and truck accidents caused by negligent drivers, distracted driving, or impaired driving are among the leading causes of wrongful death.
- Medical Malpractice – Errors during medical treatment, including misdiagnosis, surgical mistakes, or anesthesia errors, can result in wrongful death.
- Workplace Accidents – Dangerous work environments, equipment malfunctions, and safety violations can lead to fatal injuries, especially in construction and industrial jobs.
- Defective Products – Manufacturing defects or design flaws in products such as vehicles, machinery, or pharmaceuticals can result in wrongful death.
- Premises Liability – Property owners have a duty to maintain safe conditions on their premises. Slip-and-fall accidents, negligent security, and other hazards can cause fatal injuries.
Our attorneys have handled a wide range of wrongful death cases, and we’re prepared to apply our extensive knowledge to your case.
