When a personal injury is severe enough to cause death, the law provides for the close relatives of the decedent (deceased person) to bring a lawsuit for their loved one’s wrongful death. The leading Gwinnett County wrongful death lawyers at Scholle Law represent family members who have lost a loved one due to injury or accident. These cases require legal skill and compassionate representation as families cope with the loss of their loved one after a serious accident. We have litigated many wrongful death matters, supporting the victim's loved ones through the legal and personal aspects of these tragic cases. We take the burden off the shoulders of grieving families using the legal process to reach the best possible outcomes for them.
Our skill and experience, our dedication and compassion, sets us apart in representing families dealing with wrongful death. Unlike other personal injury law firms, we work closely with our clients in all our matters and communicate with them on a regular basis. This is particularly important in wrongful death cases in which families are coping with the loss of a loved one or loved ones. Our wrongful death lawyers in Gwinnett County have the advantage of a background in probate and estate administration, which enables us to guide families through that process in coordination with executors and / or personal representatives. This too sets Scholle Law apart from other firms.
What is a wrongful death action?
A wrongful death is any death caused by the negligent, reckless (extremely careless) or intentional actions of another, such as in an auto accident, a truck accident, a motorcycle accident, an airplane accident, a crime committed because of poor security, premises liability, drunk driving, elder abuse or defects in a consumer product. In most personal injury claims, the injured person sues on his or her own behalf to recover compensation for an injury and the financial costs, physical pain and emotional suffering it causes. But when the injury results in the victim’s death, Georgia law allows the close relatives of the deceased person to sue for wrongful death and specifies both the family members who may file a wrongful death claim, as well as the priority each should have in that claim as follows:
- Husband or wife
- Any other heir or next of kin, designated by a will or by Georgia probate law
Why Is a Wrongful Death Action Important to Surviving Loved Ones?
Although family members who have lost a loved one due to a wrongful death might initially be uncertain about claiming financial damages, it is important to consider why such an action can be important to the family’s future. No amount of money will bring a loved one back, but the civil justice system provides a wrongful death action in order to punish gross negligence and to help make families whole. A large financial award can help families deal with the practical effects of a sudden death, including medical bills, funeral expenses and a lifetime of lost income that their loved one would have earned.
There are two parts to a wrongful death claim in Georgia. Family members may sue for the emotional and economic value of the decedent's life –– his or her lifetime income and enjoyment of being alive. At the same time, the estate of the decedent (which forms a sort of legal person in its own right) may claim damages for the financial cost of the accident, such as funeral expenses, as well as pain and suffering the decedent felt before death. If appropriate for the case, the estate, through an executor or personal representative, may also claim punitive damages –– payments intended to punish the wrongdoer for extreme indifference to human life.
As experienced Gwinnett County wrongful death attorneys, Scholle Law's team has the skill and caring to handle all aspects of a wrongful death matter. With our depth of experience in both wrongful death and probate, we work closely with executors or personal representatives to take care of details that can make the case a success. As in all areas of our practice, we treat families who have lost a loved one with the respect and compassion they deserve.
CONTACT SCHOLLE LAW FOR A FREE CONSULTATION WITH A WRONGFUL DEATH ATTORNEY toll–free at 1–866–972–5287 or 770–717–5100.
We are here to lift the burden from families dealing with a wrongful death and enable clients to grieve and recover. We offer free wrongful death case consultations and evaluations for families and there is no obligation. To begin the evaluation process send the firm a message online or call us.