Wrongful Death

Wrongful Death

In the picturesque city of Duluth, wrongful deaths unfortunately occur more frequently than many realize, particularly in areas with heavy industrial activity like the Port of Duluth.

As a dedicated Duluth wrongful death lawyer, our wrongful death law firm specializes in providing compassionate and skilled legal representation to families who have lost their loved ones due to negligence.

We understand the profound sorrow and uncertainty that accompanies such a loss. With an unwavering commitment to justice and an empathetic approach, we stand by your side, easing the burden while you navigate this challenging time. Let us support you through each step of seeking justice.

Don’t face this challenging time alone. Contact us today for a FREE CONSULTATION and let our experienced wrongful death attorneys guide you through every step. We’re here to support you in seeking the justice your loved one deserves.

Do You Have a Case?

The following elements are needed to build a successful case:

• Duty of Care: Firstly, it must be proven that the defendant owed a duty of care to the deceased. This means demonstrating that the individual or entity had a legal obligation to act (or refrain from acting) in a way that would prevent harm to the deceased. For instance, a doctor has a duty of care to provide competent medical treatment to their patients.
• Breach of Duty: It must be shown that the defendant breached this duty of care. A breach occurs when the defendant’s actions (or lack thereof) fail to meet the standard of care required in the given situation. This can include actions such as reckless driving, medical malpractice, or failing to maintain safe premises.
• Causation: You must demonstrate that the breach of duty directly caused the death of your loved one. It is not enough to show that the defendant was negligent; there must be a clear and direct link between their actions and the resulting death.
• Damages: This refers to the quantifiable losses that result from the wrongful death. This includes both economic damages such as funeral costs, medical expenses, and loss of income, as well as non-economic damages like loss of companionship, emotional distress, and pain and suffering.
• Death: As the name implies, a wrongful death claim must involve the death of an individual. The deceased’s family or estate must prove the occurrence of death resulting from the defendant’s breach of duty and the subsequent causation linked to that breach.

In addition to the more common negligence-based claims, wrongful death lawsuits can also be based on intentional or criminal acts. In these cases, you must prove that the defendant acted with intent to kill or a disregard for human life or that the decedent was killed while the defendant was violating a criminal statute.

Furthermore, wrongful death claims can arise from product liability. To succeed in such a case, you must demonstrate that a design or manufacturing defect in a prod

Damages You Can Recover

In Georgia, surviving family members bringing a wrongful death action may recover compensation for the “full value of the life of the decedent.”

Importantly, the calculation is not measured from the perspective of surviving family members. Instead, it should be measured “from the decedent’s perspective.” Brock v. Wedincamp, 253 Ga. App. 275, 281-82 (2002).

Below is an outline of the different types of damages that could be entitled to families in a wrongful death case:

• Economic Damages: These are the quantifiable financial losses associated with the wrongful death. Economic damages may include medical expenses incurred prior to the death, funeral and burial costs, loss of income and benefits, and the value of services the deceased provided. This type of damage intends to compensate the family for the direct financial impact of their loved one’s passing.
• Non-economic Damages: These damages are more subjective and aim to compensate for the non-financial aspects of the loss. Non-economic damages may include loss of companionship, emotional distress, pain and suffering experienced by both the decedent before their death and the surviving family members. Although more challenging to quantify, these damages acknowledge the profound emotional and relational impact of the loss.
• Punitive Damages: In certain cases, punitive damages may be awarded to punish the defendant for particularly egregious or reckless conduct. Unlike compensatory damages, which aim to cover the victim’s losses, punitive damages serve to penalize the wrongdoer and deter similar actions in the future. These damages are more common in cases involving intentional misconduct or gross negligence.

Additionally, under the governing statute, “the personal representative of the deceased person shall [also] be entitled to recover for the funeral, medical, and other necessary expenses resulting from the injury and death of the deceased person.”

Pursuing these various types of damages with the assistance of an experienced wrongful death attorney ensures that families receive the fullest compensation for their immense loss.

How to Get in Touch With Us

To get in touch with us to discuss your potential wrongful death case, you can use any of the following methods:

• Telephone: Call us directly at 404.205.8792.
• Fill out our online contact form.

We offer a free consultation to help you understand your legal options without any upfront cost. Contact us today to schedule your appointment.

uct caused the death, or that the manufacturer or distributor failed to provide adequate warnings about the product’s risks.

Legally speaking, a wrongful death lawsuit can be based on multiple theories of liability. Working with an experienced Duluth wrongful death lawyer is the best way to ensure that the right one is selected given the circumstances of your case.

By understanding and proving these critical elements, your wrongful death attorney will help build a solid case to seek justice and appropriate compensation for your devastating loss.

Brauns Law Firm: Duluth Wrongful Death Lawyer

We believe in going above and beyond to get you the results and support you need. While many personal injury firms focus solely on the money, we equally emphasize exceptional customer service.

After all, a firm’s reputation shouldn’t rest solely on its settlements, but also on the way it treats its clients. Our team understands that losing a loved one in an accident is emotionally and financially devastating. That’s why we strive to provide compassionate support while aggressively pursuing maximum compensation on your behalf.

We pride ourselves on offering personalized attention and thorough representation in every case. From the initial consultation to the final settlement, we remain available to address your concerns and keep you updated on the progress of your case.

We also know that time lost in the process of settling a claim can affect your life and peace of mind. That’s why we utilize rigorous systems, advanced case management software, and a paperless office environment to ensure prompt and meticulous handling of each case.

Our success is built on a foundation of integrity, responsiveness, and tireless advocacy. Whether negotiating a settlement or preparing for trial, we never lose sight of our clients’ best interests.

Meet Your Duluth Wrongful Death Attorney

David Brauns is the driving force behind Brauns Law Accident Injury Lawyers, PC. As the founding partner, David devotes his professional life to representing plaintiffs in personal injury cases, ensuring they receive the fair compensation they deserve.

With a strong background as an insurance defense attorney, David possesses a unique understanding of how insurance companies think and evaluate claims, which he leverages to benefit his clients. His unwavering commitment to customer service, transparency, and collaboration distinguishes his practice from other personal injury firms in the area.

His prior career as a software engineer endows him with a process-oriented and innovative mindset. He employs technology to streamline office operations and enhance client services. This includes the use of practice management software for efficient case handling, detailed operating procedure manuals, and virtual case files for instant access and updates.

David’s dedication to his clients’ well-being and his analytical, engineer-like approach to case management ensures that clients receive not only exceptional legal representation but also personalized care throughout the legal process.

Which Family Members Can File a Wrongful Death Claim?

Georgia law strictly limits who can file a wrongful death claim. The following individuals can file a wrongful death claim seeking compensation for the loss of a loved one:

• Surviving spouse or children: If the decedent has a surviving spouse, they are first in line to file a wrongful death claim. No matter the number of surviving children, the spouse must receive no less than one-third of the amount recovered in compensation from the at-fault party. If only surviving children bring the action, the compensation will be distributed equally among them.
• Surviving parents: If the decedent was not married and had no children, their surviving parents are next in line to file a wrongful death claim.
• Personal representative: If there is no surviving spouse, children, or parents, the personal representative of the decedent’s estate is then eligible to bring a wrongful death claim. The personal representative can be appointed by a will, in which case they are sometimes referred to as an executor, or by a court in the absence of a will, in which case they are sometimes referred to as an administrator.

Important Initial Advice!

In the aftermath of a wrongful death, these steps can protect your legal rights and build a strong case:

• Stay Off Social Media: Refrain from posting about the incident, your emotions, or any details related to the death or the resulting claim. Insurance companies and opposing legal teams often monitor social media accounts for posts they can use against you.
• Don’t Accept the First Offer from the Insurance Company: Initial settlement offers are often significantly lower than what you may be entitled to receive. Consult with an experienced personal injury attorney before accepting any offer to ensure you are adequately compensated.
• Be Careful with Language Used in Communications with the Insurance Company: When speaking or corresponding with the insurance company, choose your words carefully. Avoid making statements that could be interpreted as admitting fault or downplaying the severity of the loss.
• Get in Touch with a Duluth Wrongful Death Lawyer: Contacting a dedicated wrongful death attorney, such as David Brauns, as soon as possible can make a significant difference in the outcome of your case. We can guide you through each stage of the process, from filing the initial claim to securing a fair settlement.

A Deadline to Be Aware Of

The statute of limitations in Georgia gives you two years from the date of wrongful death to file a case seeking compensation from the at-fault party.

This may seem like a long time. However, the longer you wait, the less time your Duluth wrongful death attorney will have to investigate your case and build a strong claim on your behalf. Also, remember that the deadline is strictly enforced, and failure to file your case before the deadline passes nearly always results in it being dismissed in court.

In addition to eliminating your right to seek compensation in court, this result will also compromise your leverage in out-of-court settlement negotiations. When the at-fault party realizes that you missed the deadline and therefore cannot sue, they will have no incentive to negotiate with you fairly.

The best way to avoid these consequences is to have your case evaluated by an experienced wrongful death attorney as soon as possible after suffering a wrongful death in your family.

Gathering Evidence

To build a compelling wrongful death case, gather evidence that supports your claims of duty, breach, causation, and damages. However, collecting this evidence can be daunting, especially during such a difficult time.

Here are the key types of evidence you should start to gather as soon as possible:

• Duty: Evidence that the at-fault party owed a duty of care to the decedent. This can be established through witness statements, contracts, or employment records.
• Breach: Proof that the duty of care was breached. This may include photos, videos, eyewitness testimonies, and expert opinions demonstrating negligence or misconduct.
• Causation: Evidence that links the breach of duty directly to the wrongful death. Medical reports, autopsy results, and expert testimonies are essential to show causation.
• Proof of Damages Suffered: To prove the financial and emotional impact of the loss, gather documents such as medical bills, funeral expenses, income statements, and testimonies from family members about the emotional toll.

We understand that the process of gathering this evidence can be overwhelming, particularly while you are grieving. Therefore, it’s highly recommended to get in touch with our dedicated legal team at Brauns Law Accident Injury Lawyers, PC.

We can take the burden off your shoulders, ensuring that all necessary evidence is meticulously collected and your case is carefully built. Let us do the hard work so you can focus on remembering your loved one.

What Can I Expect to Pay?

We understand that the financial burden of a wrongful death can be overwhelming. That’s why we operate on a contingency fee basis, which means you don’t have to worry about upfront legal fees.

Instead, we only receive a payment if we successfully recover compensation on your behalf. This ensures that you can access high-quality legal representation without any immediate financial strain.

The contingency fee model is structured in such a way that our interests are aligned with yours — our payment depends on winning your case.

Typically, the fee is a percentage of the compensation awarded, which will be clearly explained and agreed upon at the outset. This way, you can rest assured that there will be no surprise costs or hidden fees.

Why Choose Us Over Other Wrongful Death Attorneys in Duluth, GA?

We distinguish ourselves from other wrongful death attorneys in Duluth, GA, through our unwavering commitment to client care, personalized attention, and extensive legal experience.

Unlike larger firms where clients can feel like just another case number, we prioritize building strong relationships with our clients. Our dedicated team takes the time to understand the unique circumstances of each wrongful death case and tailor our legal strategies to meet your specific needs.

From the moment you consult with us, you will experience a supportive and empathetic environment designed to ease the burden during such a difficult time. We pride ourselves on maintaining open lines of communication, ensuring that you are kept informed and involved throughout the entire legal process.

Furthermore, we leverage our deep legal knowledge and expertise to meticulously investigate, prepare, and present compelling cases that maximize the compensation our clients receive. This dedication to achieving the best possible outcomes has earned us a reputation for excellence within the legal community and among our clients.

Choosing a Brauns Law Duluth personal injury lawyer means entrusting your case to a team that genuinely cares about your family’s well-being and is relentless in the pursuit of justice on your behalf.

Other Locations We Serve

Our commitment to serving families extends beyond Duluth, GA. We proudly offer our legal expertise to clients across various locations in Georgia, ensuring that no matter where you are, you can access the exceptional support and dedication of Brauns Law Accident Injury Lawyers, PC:

• Atlanta
• Cumming
• Decatur
• Duluth
• Gwinnett County
• Lawrenceville
• Peachtree Corners
• Stone Mountain
• Suwanee

Speak to a Duluth Wrongful Death Accident Lawyer Today!

Ultimately, no amount of money can compensate for the death of someone we love. Even so, in the interest of justice and accountability, the law provides an avenue for surviving family members to pursue compensation from the party responsible for wrongful death.

The best way to take full advantage of this legal route toward compensation is by speaking to a wrongful death attorney as soon as possible. The compassionate legal team at Brauns Law Accident Injury Lawyers, P.C., is proud to help injury victims and their families throughout Georgia secure the full and fair compensation they deserve.

Contact us today to schedule a free, no-obligation consultation with an experienced wrongful death attorney in Duluth.