The Georgia wrongful death lawyers of Millar & Mixon, LLC, understand that there is nothing more painful than suddenly losing a loved one in a motor vehicle accident that was caused by the negligent or reckless act of another.
In the midst of their grieving, the last thing surviving family members may think about is taking legal action against those responsible for the death. However, in order to obtain justice and protect their financial future, it is important for to contact an experienced attorney about pursuing a wrongful death and/or survival action before critical evidence is lost.
Since 1993, Millar & Mixon, LLC, has helped families throughout Atlanta and Georgia to recover damages for the untimely death of mother, father or child, including many multimillion-dollar claims. To learn how we can help your family, call us today at (404) 490-4991 or use our online form. We provide free consultations, and we don’t charge for our services unless you recover.
Who Can File a Georgia Wrongful Death Lawsuit?
A Georgia wrongful death claim can arise in the same circumstances as a personal injury lawsuit, including auto accidents, truck accidents, motorcycle accidents and crashes caused by a drunk driver. Georgia law permits the claim to be filed by:
- The victim’s surviving spouse, or
- If the victim has no spouse, by the surviving children, or
- If the victim has no spouse or children, by the parents, or
- If the victim has no spouse, child or parent, by the executor or administrator of the victim’s estate, which is usually a relative or close friend who is named in a will or appointed by a probate court.
Parents can file the wrongful death action for the death of either a minor child or an adult child who has no surviving spouse or children, even if it is an adopted or illegitimate child. If the parents are divorced, they must try to locate and share half of the recovery with the other parent.
If the spouse asserts the claim, the spouse must share the award equally with the victim’s children but can never recover less than one third of the amount. So, if the victim had a spouse and three children, the spouse would recover a one-third share, and the remaining two thirds would be divided equally among the children.
What Compensation is Available in a Georgia Wrongful Death Claim?
In Georgia, the compensation available in a wrongful death lawsuit is the full value of the life of the deceased victim, measured from the surviving family’s perspective and determined according to the “enlightened conscience” of the jury. On its face, this may seem to be impossible to determine. After all, how do you put a value on a person’s life?
The amount, however, can be determined by looking at factors such as:
- The victim’s expected lifetime earnings
- The victim’s projected contribution to the family, including education expenses
- The loss of a prospective inheritance
- The loss of the care, comfort and companionship of the loved one.
As wrongful death attorneys we utilize professionals who specialize in calculating future losses such as economists and accountants. In addition, the family may seek funds to pay for medical bills, funeral costs and other necessary expenses that they have incurred as a result of the death, and they can seek punitive damages that are aimed at punishing and deterring the wrongful conduct.
In addition to filing a wrongful death claim, the spouse, children or parents of a deceased accident victim can also file what’s called a “survival” action. This claim arises when the accident does not immediately cause the victim’s death. The family may recover for any medical expenses, pain and suffering and other losses the victim suffered during the period between the injury and the death.
Georgia Wrongful Death Lawyers with a Record of Success
Millar & Mixon, LLC, has a successful record of recovering funds for those who have lost a loved one in an untimely accident. Since our law firm was founded, we have secured more than $60 million on behalf of our clients, including a recent $1.75 million settlement for the family of a man who was killed by a drunk driver who had been over-served alcohol in an Georgia bar and grill (known as a “dram shop” case).
We are often able to obtain a recovery through a settlement by negotiating with the at-fault party’s insurance company. However, when these companies refuse to provide a fair and reasonable amount, we are prepared to fight for our clients in court. We prepare each case thoroughly, including using specialists such as investigators, highly qualified experts and economists who can help us to determine financial losses caused by a victim’s death.
Throughout the case, we make sure to keep our clients updated, and we work closely with them to make sure we are meeting their goals as efficiently as possible.
Contact Our Georgia Wrongful Death Attorneys Today
At Millar & Mixon, LLC, we have the experience needed to secure compensation for the spouse, children and parents of wrongful death victims throughout the Atlanta metropolitan area and the state of Georgia, including Atlanta, Buckhead, North Atlanta, Chamblee, Decatur, Douglasville, Marietta, Alpharetta, Lawrenceville, Conyers, Jonesboro, East Point, Sandy Springs, Forest Park, College Park, Decatur, Roswell, Marietta, Peachtree City, Fayetteville, Riverdale, Augusta, Savannah, Milledgeville, Valdosta and other cities and communities throughout the State.
We do not charge consultation fees, and we do not charge for our legal services unless we recover money for you.
Keep in mind that Georgia’s statute of limitation requires that most claims be filed or settled within two years of the date of death. If such action isn’t taken, then the right to be compensated may be lost forever.
To learn more, contact us today by calling our offices in Atlanta 24/7 at (404) 490-4991 or using our online form. Our Georgia wrongful death attorneys are available in the evenings and on weekends.