Newnan Wrongful Death Lawyer

Newnan Wrongful Death Attorney

If you have recently lost a loved one due to another party’s actions, it is important to know your rights in terms of holding the at-fault party accountable for the harm they have done. It is also understandable to wonder about your family’s future finances in the face of the economic impact of an untimely death. An experienced Newnan wrongful death lawyer can be an invaluable asset to any family in this difficult situation.

Compassionate Legal Counsel for Wrongful Death Claims in Newnan, GA

The team at Trammell & White can provide compassionate and results-driven legal representation for your impending wrongful death suit in Newnan. Dalton Trammell and Garrett White have years of professional experience handling wrongful death suits and other personal injury cases for our clients in the Newnan area, and we are ready to leverage this experience for you and your family.

When a family member dies unexpectedly due to the negligence or illegal actions of another party, it is natural to have many pressing legal questions in this situation that you will be unable to answer on your own. An experienced Newnan wrongful death lawyer can provide essential guidance when you need it most and help you construct a solid civil suit that aims for maximum compensation for your family.

Money cannot replace a lost loved one, but a suitable case award can help you and your family adjust to new circumstances a bit more easily. Our goal for your impending wrongful death suit is to hold the defendant fully accountable for their actions and to help your family recover the maximum allowable compensation under state law. You can rely on us to handle your legal affairs so you and your family can have some peace of mind in this difficult time.

Resolving Your Wrongful Death Suit in Newnan

Success with your wrongful death claim will require firmly establishing fault for the death and uncovering all the various damages you can claim from the defendant. Your Newnan wrongful death lawyer can assist you in gathering the evidence needed to claim compensation. Unlike a typical personal injury suit that seeks compensation for the victim’s loss, a wrongful death claim aims to collect compensation for the victim’s family.

It’s possible for a wrongful death to happen from a vehicle accident, an accident in the workplace, or an act of intentional misconduct from another party. Whatever caused your loved one’s death, you will need experienced legal counsel on your side to have the greatest chance of success with your impending case. They can also help maximize the total compensation you win from the defendant.

Your claim could yield compensation for funeral and burial expenses, lost financial support the deceased provided, and compensation for your family’s pain and suffering. Your case may be worth much more than you initially expected, and the right attorney can help make clearer sense of your situation and help you enhance your final award. The attorneys at Trammell & White are prepared to help you build the strongest possible case and resolve it as quickly as possible.

Understanding the Wide Reach of Wrongful Death in Georgia

Despite popular belief, wrongful death cases don’t just arise from traffic collisions or instances of medical malpractice. Many also result from preventable tragedies that happen in overlooked or poorly managed environments. This includes Georgia’s prison system.

For example, from 2018 to 2023, Georgia’s Department of Corrections facilities reported 142 total homicides. This breaks down to 48 homicides from 2018-2020, 94 homicides from 2021-2023, and 35 homicides in 2023 alone. While filing a wrongful death lawsuit for a loved one who died while incarcerated can be legally complicated, families should still feel empowered to seek justice if the death was preventable and can be tied to negligent behavior.

At the end of the day, if your loved one died while in state custody, a wrongful death claim may be possible if you are able to work with your attorney and show:

• Prison officials failed to protect them from foreseeable harm
• Medical care was denied or grossly delayed
• Security procedures were ignored or violated

Wrongful Death and Public Safety Failures

Some wrongful deaths occur because the systems that are specifically designed to protect people break down. This could be through inaction, underfunding, or even a lack of enforcement. These public safety failures can make government agencies or third parties liable in court.

In Georgia, 2022 crash data helps us to better understand the scale of these preventable losses:

• 507 alcohol-related traffic facilities
• 422 speed-related fatalities

These numbers highlight how often poor enforcement or outdated safety infrastructure can contribute to fatal outcomes. When public officials or contractors know a certain risk exists and they fail to act or warn the public, they could be held accountable under the law.

Some examples of public safety failures that can lead to a wrongful death claim include:

• Missing or broken traffic signals in high-risk intersections
• Lack of barriers or signage in construction zones
• Inadequate DUI enforcement in known problem areas
• Neglected public housing conditions that lead to a fatal fire or accident

Child Fatalities and Parental Legal Rights

Whenever a child dies due to negligence or unsafe conditions, it’s more than just a heartbreaking experience. It can also be grounds for legal action. A sobering picture can be painted from Georgia data in 2022:

• 1,578 total infant and child deaths
• 657 of these deaths were classified as either sudden, unexpected, or unexplained
  • 102 from motor vehicle crashes
  • 34 from drowning
  • 127 from homicide

Wrongful death lawsuits involving children require a careful and sensitive approach. However, they are often crucial in exposing certain instances of negligence and preventing similar tragedies from happening again in the future.

Some common situations that may lead to a child’s wrongful death claim in Georgia include:

• Car crashes that are caused by distracted or impaired drivers
• Daycare negligence, such as a child not being supervised during playtime
• Drownings in an unguarded pool or during poorly supervised activities
• Defective children’s products or recalled safety equipment
• Unsafe school environments or bullying-related suicides

When a Crime Leads to Civil Action

If your loved one has been killed due to an alleged criminal act, you may have legal options beyond the criminal justice system that an attorney can help point you to. A wrongful death lawsuit is a separate civil process that can run parallel to any criminal proceedings.

Here is how the civil path differs:

• The burden of proof is lower. You must show liability by a “preponderance of the evidence,” which is less of a burden to meet when compared to “beyond a reasonable doubt.”
• It focuses on financial accountability. Rather than spending time in jail, the goal would be to receive as much compensation as possible to cover your family’s losses.
• You don’t have to wait for a conviction. Even if there have been no charges filed or the defendant has been acquitted, you are still within your rights to file a wrongful death claim.

How a Wrongful Death Case Can Prompt Systemic Change

Beyond offering financial relief, wrongful death claims can also drive long-term reform by exposing different safety issues or systemic negligence. When this is identified, the change that comes with this can make a profound impact on the surrounding community. Some of the most impactful lawsuits have led to:

• Changes in traffic safety laws
• Improvements in workplace standards
• Crackdowns on corporate misconduct
• Better security in correctional institutions

When you file a wrongful death claim, it can:

• Encourage change in law or policy
• Expose negligence or corruption
• Motivate companies or agencies to consider their behaviors and act more responsibly
• Prevent future deaths by raising public awareness

Never forget that if your loved one’s death could have been prevented, you have the opportunity to start your own lawsuit to try and help stop the tragedy from happening to someone else.

Types of Damages Available in a Georgia Wrongful Death Claim

Georgia law allows surviving family members the ability to recover compensation for the financial impact of their loss and the emotional hardship they endured. You may be eligible for compensation in the following categories:

Economic Damages

These are tangible, measurable losses that can be calculated from receipts and other financial records. They can include:

• Lost wages and future earning potential
• Loss of health or employment-related benefits
• Funeral or burial expenses
• Medical bills related to the fatal injury

Non-Economic Damages

Non-economic damages are more subjective, but just as important to seek. The goal of these is to compensate for the personal, emotional, and relational losses that come with losing a loved one.

This can include:

• Loss of companionship and consortium
• Loss of parental guidance
• Emotional distress and grief

These types of damages have been set out to recognize that wrongful death leaves behind more than just bills to pay. It can also leave extensive emotional wounds that will last a lifetime.

Punitive Damages

Punitive damages are not awarded in every case. Rather, they are reserved for specific situations, such as:

• Gross negligence
• Willful misconduct
• Intentional harm

For example, a drunk driver causing a fatal car crash or a facility ignoring a history of safety violations could face punitive damages. The purpose is not just to provide the surviving family with more money but also to specifically punish the individual or entity who engaged in the wrongdoing and deter them from conducting similar behavior in the future.

FAQs

How Do You Prove Fault for Wrongful Death?

You can prove fault for wrongful death by effectively leveraging the available evidence in the case along with witness testimony if anyone saw the fatal incident. For example, other drivers’ statements can be valuable after a fatal car accident. Success with the claim will require accurate identification of the party or parties responsible for causing the deathand proving the extent of the surviving family’s losses resulting from the death.

Will the Defendant Go to Jail for Causing a Wrongful Death?

It is possible for a defendant to go to jail for causing a wrongful death if they broke the law in causing the death. Most wrongful death claims in Newnan arise from acts of negligence, or failure to use reasonable care in specific situations. The defendants in these claims face liability for the damages they cause but generally do not face criminal prosecution. However, drunk driving and other illegal acts can lead to jail time and other penalties when they result in death. /p>

What Is the Statute of Limitations for a Wrongful Death Lawsuit in Georgia?

The statute of limitations for a wrongful death lawsuit in Georgia is two years, and this time limit starts on the date the fatal accidentoccurred. The surviving family of the deceased or the personal representative of the deceased’s estate must file the claim within this timeframe, or they will lose the ability to claim compensation from the defendant. It is always preferable for the plaintiff to file their claim as quickly as possible.

Why Do I Need to Hire a Newnan Wrongful Death Lawyer?

You need to hire a Newnan wrongful death lawyer because you are significantly more likely to win your case with your attorney’s help than you would be on your own. Your attorney can make every aspect of your case easier to manage, and you can potentially resolve the case more quickly with their assistance. They will also have the experience necessary to ensure your family receives an appropriate case award from the defendant.

What Will It Cost to Hire a Newnan Wrongful Death Lawyer?

The cost to hire a Newnan wrongful death lawyer will be a percentage of your total case award if you choose Trammell & White to represent you. We take all personal injury cases on a contingency fee basis, meaning our client’s only fee will be a percentage of their final award that we will only take if and when we win their case. If we are unable to secure compensation for you, there is no fee at all.

A wrongful death can be incredibly traumatic for any family, and the right attorney can be an invaluable asset as you seek accountability and compensation for the incident.The attorneys at Trammell & White have years of experience guiding our clients through these difficult cases, and our goal is to help you feel more at ease about your impending proceedings. Contact us today to schedule a free consultation with a Newnan wrongful death lawyer to learn how we can help.