Wrongful Death Lawyer in Norcross
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 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.
At Adamson & Cleveland, LLC, we 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 attorneys at Adamson & Cleveland, LLC 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.
I have known Alan for many years as an Attorney colleague and I have observed Alan as he has represented many of his clients during Mediations. Alan is an outstanding advocate for his clients. He always goes the extra mile to represent his clients to the fullest. He is committed to ethics and professionalism is highly regarded by his clients, opposing counsels, and the Courts. I highly recommend Alan to any person seeking an Attorney for serious personal injuries and wrongful death claims.
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 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?
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 those any treatments. A more in-depth investigation is often necessary in wrongful death suits to provide the court with a complete picture of the events surrounding the untimely death.
The Georgia wrongful death attorneys at Adamson & Cleveland, LLC 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 Georgia
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 Adamson & Cleveland, LLC, 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 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.
How Our Wrongful Death Attorneys Can Help
At Adamson & Cleveland, LLC, 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.
Adamson & Cleveland, LLC works 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. Suite D Norcross, GA 30093.
Alan is a Gwinnett County native who proudly serves his community and provides skilled representation to injury victims and their families as a founding partner of the personal injury law firm of Adamson & Cleveland, LLC. Alan earned his undergraduate degree from the University of Georgia and went on to graduate, summa cum laude, from Atlanta's John Marshall Law School. He is also a graduate of Gerry Spence’s renowned Trial Lawyers College (TLC) in Wyoming. In his free time, Alan frequently speaks at continuing legal education seminars. He also volunteers as a youth baseball coach and assists his local high school's moot court competition team.