Did you recently suffer the unexpected loss of a loved one in Kennesaw, GA? Was someone else responsible? An experienced Kennesaw wrongful death lawyer at Starks Byron, P.C. can help you fight for justice. Our team has the experience to help you recover the maximum compensation possible for medical bills, lost financial support, and the loss of your loved one’s company, support, and guidance.
Since founding our law firm, we’ve recovered millions of dollars in settlements and verdicts. Collectively, our lawyers bring over 30 years of legal experience to the table.
Today, we’re here to fight for you. Contact our law offices in Kennesaw, Georgia, at (404) 795 5115 to schedule a free consultation today.
How Can Starks Byron Help Me Recover Compensation for Wrongful Death in Kennesaw?
In Cobb County alone, 77 people were killed in motor vehicle accidents during 2022. Thousands more die in work accidents, slip and falls, and due to medical negligence each year.
These families deserve to be compensated. If you’re one of them, our Kennesaw personal injury lawyers at Starks Byron are here to help. We know how to help your family stand up to the insurance companies.
When you hire us, you can count on us to:
- Help you understand your rights and options
- Conduct a full investigation and collect any evidence to build your case
- Identify all sources of financial compensation
- Calculate your case value with the help of leading experts as needed
- Fiercely defend your loved one when the insurance company tries to blame them
- Negotiate for a full settlement with the insurance companies
- Fight for justice in court if necessary
Our Kennesaw personal injury attorneys have won the Avvo Client’s Choice Award for our exceptional legal services. Contact us today to learn more about how we can help your family.
Georgia Wrongful Death Laws: An Overview
When you’re injured due to someone else’s actions in Georgia, you can sue the at-fault party for compensation. Unfortunately, some injuries are so serious that the victim doesn’t survive long enough to seek compensation. In these cases, the victim’s rights don’t disappear. They’re transferred to surviving family members.
Under Georgia law, “wrongful death” is defined as any death caused by another party’s crime, negligence, or defectively manufactured property.
Most wrongful death cases involve accidents. For example, if your loved one died in a fatal car crash, you can sue the at-fault party for wrongful death. Wrongful death cases can also involve intentional actions.
In a wrongful death case, the remedy is financial compensation. Wrongful death claims are civil matters. They’re completely separate from any criminal charges the at-fault party may face.
Who Can File a Wrongful Death Lawsuit in Georgia?
Georgia wrongful death laws provide that only the following surviving family members can file a wrongful death lawsuit:
- A surviving spouse
- The victim’s children
- The victim’s parents, when the victim has no spouse or child
In cases where the decedent left no qualifying family, the personal representative can file the lawsuit. Any compensation that is received goes to the victim’s estate and is distributed according to the victim’s will or state intestate laws.
Survival Actions in Georgia
Your loved one’s estate may also be entitled to file a survival action against the at-fault party.
Wrongful death cases are designed to compensate surviving family members for their losses. In survival actions, a victim’s estate seeks compensation for the victim’s personal losses prior to death. In order to file a survival action, the victim must have survived for a period of time after the accident or injury occurred.
How Do I Know Whether I Have a Valid Wrongful Death Claim?
If someone else was responsible for your loved one’s death, it’s very likely that you have a valid wrongful death case. Our lawyers are always here to investigate and help you understand your rights.
At Starks Byron, we often handle wrongful death cases involving:
- Car accidents
- Slip and fall accidents
- Dangerous property conditions (premises liability)
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Truck accidents
- Drunk driving accidents
- Bus accidents
- Uber or Lyft accidents
- Boating accidents
- Industrial accidents
- Construction accidents
- Workplace accidents
- Electrocutions
- Fires and explosions
- Dog bites and animal attacks
- Defective products (products liability)
- Medical malpractice
- Nursing home abuse or neglect
- Assault, manslaughter, and other violent crimes
Regardless of the circumstances, you deserve to understand your legal rights. Call our wrongful death lawyers in Kennesaw to schedule a free case evaluation today. We’re always available to discuss your case.
What Is My Kennesaw Wrongful Death Case Worth?
It’s never really possible to put a price tag on someone you love. That said, seeking financial compensation is often the only way to get justice after the loss of a loved one. After such a tragic loss, you deserve to hold the at-fault party liable for every available dollar.
Many different factors will play a role in assessing your case value, including:
- Your loved one’s age and life expectancy
- Your loved one’s future earning potential at their time of death
- The medical bills and expenses incurred due to the accident, injury, and death
- The identity of surviving family members
- How the victim supported the family, both financially and in non-financial ways
- The nature of the at-fault party’s actions
Your wrongful death case is unique. No two accidents happen under the exact same set of circumstances. You deserve a lawyer who will take the time to carefully evaluate the facts before filing a lawsuit or a claim with insurance.
What Types of Damages Can I Expect To Receive by Filing a Wrongful Death Lawsuit in Georgia?
The types of damages you recover will depend on the nature of your claim.
In wrongful death cases, your family is entitled to recover “the full value of the life of the decedent.”
Examples of the types of compensation your family may recover include:
- Loss of financial support
- Lost employment benefits, including retirement and health benefits
- Loss of the reasonable value of household services and childcare
- Loss of consortium, or loss of a spouse’s company and support
- Loss of parental support, instruction, and guidance
- Funeral expenses and burial costs
Survival actions provide compensation for:
- Medical bills incurred prior to death
- The victim’s physical pain and suffering
- Emotional trauma the victim experienced prior to death
- Any out-of-pocket expenses incurred by the victim prior to death
Your family may also be entitled to seek punitive damages if there is evidence to prove the defendant’s acts were intentional or amounted to gross negligence.
How Much Will It Cost To Hire a Wrongful Death Lawyer in Kennesaw?
When you hire Starks Byron, you don’t pay anything upfront. Instead, your attorney’s fees depend entirely on the amount of compensation we recover for your family. Instead, we take a percentage of your settlement or jury verdict.
This contingency fee arrangement means that you don’t pay attorney’s fees unless we’re able to recover compensation in your case–so there’s no risk in seeking legal advice.
Can Georgia’s Comparative Negligence Law Impact My Family’s Compensation Award if My Loved One Shared Blame for Their Death?
Georgia follows a modified comparative negligence law with a 50% bar to recovery.
In plain English, you lose your right to compensation if the insurance company can prove your loved one was at least 50% responsible for their own death. Even if they share less than 50% of the blame, your compensation will be reduced by that percentage of fault.
If you hire us, our lawyers will work hard to respond to these allegations effectively so that you can maintain the full value of your claim.
What Do I Have To Prove for My Wrongful Death Case To Succeed in Georgia?
It really depends on the circumstances of your loved one’s death. Most wrongful death claims involve negligence. Negligence basically means that someone was careless and your loved one was killed because of their failure to exercise due caution.
The elements you’ll have to prove include:
- Duty of care
- Breach of duty
- Causation
- Damages
Your case might also be based on strict liability. For example, if your loved one was killed due to a defective product, you must prove the product was defective to recover damages. You don’t have to prove negligence.
Proving liability can be difficult even in the best of times. When you’re grieving the loss of a loved one, the idea of investigating and gathering evidence can be overwhelming. Let our lawyers handle the investigation while you take care of your family. Just call our lawyers in Kennesaw to schedule a free case evaluation today.
How Long Do I Have To File a Wrongful Death Lawsuit After a Fatal Accident in Georgia?
You have two years to file a wrongful death claim in Georgia. The two-year statute of limitations starts to run on the date of your loved one’s death.
In wrongful death cases, however, the statute of limitations is tolled (meaning paused) if the defendant is also facing criminal charges related to your loved one’s death.
It can be complicated to determine the time limit for filing a wrongful death lawsuit. Contact our law firm as soon as possible to protect your right to take legal action.
Call a Kennesaw Wrongful Death Lawyer for a Free Case Review
Are you struggling after the unexpected loss of a loved one? Contact Starks Byron, P.C. at (404) 795 5115 to learn about your legal options. An experienced Kennesaw wrongful death lawyer can help you fight for every dollar you deserve.
Visit Our Personal Injury Law Office in Kennesaw, GA
Starks Byron, P.C.
1275 Shiloh Rd NW Ste 2710,
Kennesaw, GA 30144
(404) 795 5115
