An Alpharetta Wrongful Death Lawyer Helps Families Get Justice After a Tragedy
Losing a loved one is one of life’s most painful experiences, and when that loss is caused by someone else’s negligence or misconduct, the grief can feel unbearable. Families are often left facing not only overwhelming emotional trauma but also significant financial uncertainty in the aftermath of a wrongful death.
At Horst Shewmaker, our experienced Alpharetta wrongful death lawyer team provides both compassionate guidance and aggressive legal representation to help you pursue justice. We know that no amount of money can replace a loved one, but holding the responsible parties accountable can provide closure and financial security for the future.
Our mission is to stand beside you during this difficult time, protecting your rights, seeking justice for your loved one, and helping your family move forward with dignity and financial stability.
Why Trust Horst Shewmaker With Your Wrongful Death Case?
Navigating evidence gathering, negotiations, and potential trial requires deep experience. As a top-rated personal injury law firm, Horst Shewmaker, LLC offers:
- Direct Attorney Involvement: Your case is handled by seasoned attorneys.
- Former Defense Insight: We know the tactics insurers and corporations use.
- Proven Track Record: Over $30 million recovered for clients in personal injury and wrongful death cases.
- Compassionate Counsel: We treat every client like family. Our lawyers communicate clearly, answer questions, and keep you informed.
We act quickly to collect critical evidence, medical records, accident reports, and witness statements. We’ll review your claim, advise on potential verdicts, and map out litigation or alternative dispute resolution. Our wrongful death attorneys handle filings, court procedures, and settlement negotiations on your behalf.
Time is limited. Reach out today to ensure your family’s right to justice is fully protected. Call (404) 400-1175 for a free consultation.
What Our Wrongful Death Attorneys Do for You
Pursuing a wrongful death claim can be a complex and emotionally taxing process. At Horst Shewmaker, our law firm is committed to providing compassionate and effective legal representation to families in Alpharetta who have lost a loved one due to someone else’s negligence.
Our experienced wrongful death lawyers will guide you through every step of the legal process, from investigating the circumstances of the death to building a strong case and negotiating with insurance companies.
Our Law Firm Provides Compassionate Legal Support During Grief
We understand that no amount of compensation can truly make up for the loss of a loved one. Our wrongful death lawyers are here to provide not only legal guidance but also emotional support during this challenging time. We will handle the legal aspects of your case, allowing you to focus on grieving and healing.
Your Wrongful Death Lawyer Deals With Insurance Companies
Dealing with an insurance company can be overwhelming, especially while grieving. An experienced wrongful death attorney takes over all communication with insurers, protecting you from tactics designed to minimize or deny the claim.
During settlement negotiations, our lawyers evaluate the full value of the claim, including long-term financial impacts and non-economic damages like loss of companionship. We use evidence and legal arguments to push back against low offers and negotiate strategically, keeping you informed at every step.
We Take a Lawsuit to Court If a Settlement Isn’t Reached
If a fair settlement can’t be reached, our lawyers are prepared to take the case to court. This means filing a lawsuit, presenting evidence, and explaining to a judge or jury how the loss has affected your family. Your wrongful death attorney handles the legal filings, prepares witnesses, and argues on your behalf so you don’t have to face the process alone.
At Horst Shewmaker, our Alpharetta personal injury lawyers are dedicated to fighting for the rights of our clients. We will aggressively pursue the maximum compensation available under the law, whether through negotiation or litigation.
No Fee Unless We Win Your Wrongful Death Case
We believe that every family deserves access to quality legal representation, regardless of their financial situation. That’s why we offer a free consultation and work on a contingency fee basis, meaning you pay no legal fees unless we win your case. This allows you to pursue justice without the added stress of financial strain.
Understanding Wrongful Death Claims in Georgia
A wrongful death claim is a legal action brought by the surviving family members of a deceased person whose death was caused by the negligence, recklessness, or intentional misconduct of another party. In Georgia, wrongful death lawsuits can be filed by specific family members, including the spouse, children, or parents of the deceased. If no such family members exist, the personal representative of the deceased’s estate may file the claim.
The purpose of a wrongful death claim is to seek compensation for the full value of the deceased’s life, as well as to recover damages associated with the death, such as medical bills, funeral expenses, and the emotional suffering of the surviving family members.
While no amount of money can truly compensate for the loss of a loved one, a successful wrongful death claim can help ease the financial burden and hold the responsible parties accountable.
Compensation We Fight to Recover in Wrongful Death Cases
Two types of legal claims can be filed after a wrongful death in Georgia. A wrongful death claim aims to recover compensation for how losing a loved one has impacted the family both financially and emotionally. An estate claim seeks to recover money for burial costs, the deceased’s medical expenses, and the victim’s pain and suffering before death.
Wrongful Death Claim: Compensation for the Family’s Tragic Loss
In Georgia, the primary measure of damages in a wrongful death claim is the “full value of the life of the deceased.” The purpose is to recover compensation for the financial and non-financial impact of the death on the family.
- Economic Damages: This includes the financial contributions the deceased would have made to their family, such as wages, benefits, and other forms of support. It also considers the loss of services, such as childcare, household maintenance, and other contributions the deceased provided.
- Non-Economic Damages: This includes the companionship, guidance, and emotional support the deceased provided to their loved ones. Non-economic damages also take into account the pain and suffering experienced by the surviving family members as a result of the loss.
Estate Claim: Burial Costs and the Deceased’s Pain and Suffering
Surviving family members may also be entitled to recover damages for expenses and losses related to the death. These may include:
- Medical Expenses: If the deceased incurred medical expenses before their death as a result of the accident or injury, these costs can be recovered.
- Funeral and Burial Expenses: The costs associated with funeral and burial services can also be recovered, alleviating some of the financial burdens on the family.
- Pain and Suffering: In some cases, surviving family members may be able to recover damages for the pain and suffering experienced by the deceased before their death.
- Punitive Damages: In cases where the defendant’s actions were particularly egregious or reckless, the court may award punitive damages. These are intended to punish the wrongdoer and discourage similar behavior.
Common Causes of Wrongful Death in Alpharetta
Wrongful deaths can happen in many different situations. Our wrongful death lawyers at Horst Shewmaker have experience handling cases involving fatal accidents, medical malpractice, and premises liability.
Car Accidents
Car accidents are one of the leading causes of wrongful death in Georgia. Whether due to reckless driving, speeding, distracted driving, or driving under the influence, fatal car accidents can leave families devastated.
Medical Malpractice
Medical professionals have a duty to provide a standard of care. When a doctor, nurse, or healthcare provider fails to meet this standard and their negligence leads to the death of a patient, they can be held liable for wrongful death.
Workplace Accidents
Fatal workplace accidents can happen in various industries, particularly in construction, manufacturing, and other high-risk fields. Employers have a responsibility to maintain a safe working environment and to comply with safety regulations.
When they fail to do so, and a worker dies as a result, the employer or a third party may be held liable for wrongful death.
Defective Products
Manufacturers and distributors have a duty to ensure that the products they bring to market are safe for consumers. When a defective product causes a fatal injury, the responsible parties can be held accountable through a wrongful death claim.
Product liability cases often involve proving that a defect in design, manufacturing, or labeling directly led to the fatal incident.
Premises Liability
Property owners and managers have a duty to maintain their premises in a reasonably safe condition and to warn visitors of any known hazards. When they fail to do so, and a fatal accident occurs as a result, they may be held liable for wrongful death.
Common premises liability cases include slip and fall accidents, drownings, and fatal injuries caused by unsafe conditions.
Frequently Asked Questions About Wrongful Death Cases
What Damages Are Available in Georgia Wrongful Death Cases?
Wrongful death claims seek damages for the “full value” of the deceased’s life, including economic and non-economic damages. Estate claims can include funeral and burial expenses, the deceased’s pain and suffering, and punitive damages.
Full Value of Life
- Economic Damages: Lost wages/salary the deceased would have earned, lost benefits (healthcare, retirement), and the value of household or childcare services the deceased provided.
- Non-Economic Damages: Loss of companionship, care, advice, and emotional support provided to the family, the deceased’s lost enjoyment of life.
Estate Claim/Survival Action
This is a separate claim filed by the personal representative to recover:
- Economic Damages: Funeral and burial costs, pre-death medical bills.
- Non-Economic Damages: Conscious pain and suffering experienced by the deceased before death
- Punitive Damages: Available in cases of gross negligence or intentional misconduct.
Who Can File a Wrongful Death Lawsuit in Georgia?
Georgia’s wrongful death statute outlines who may bring a lawsuit:
- Surviving spouse: The spouse has the primary right to bring a wrongful death claim. If the couple has children, any financial recovery is shared with them, but the spouse must receive at least one-third.
- Children: When there is no living spouse, the deceased person’s children, whether minors or adults, may file the claim together. Legally adopted children have the same rights as biological children. Stepchildren typically cannot file unless they were formally adopted.
- Parents: If the deceased did not leave behind a spouse or children, either parent (or both) can pursue the case.
- Estate representative: If none of these relatives are available, the executor or administrator of the estate may file on behalf of the closest surviving relatives.
How Long Do I Have to File a Wrongful Death Lawsuit in Georgia?
Georgia Statute Of Limitations for Wrongful Death
Under O.C.G.A. § 9-3-33, most wrongful death claims must be filed within two years of the date a loved one dies. Missing this deadline typically leads to your case being dismissed.
Exceptions To The Two-Year Rule
Several circumstances can pause or extend the deadline:
- Criminal Charges Related To The Death: Tolling applies while a manslaughter or traffic violation case is pending. Once the criminal process concludes, the two-year clock restarts.
- Surviving Minors: A minor entitled to sue may wait until turning 18 before the two-year limitation begins, effectively extending the deadline to their 20th birthday.
- Unrepresented Estates: If no executor or administrator is appointed, the statute may be tolled for up to five years.
- Claims Against Government Entities: Lawsuits against a city, county, or state typically have shorter windows, often six months to one year.
Contact An Experienced Alpharetta Wrongful Death Lawyer Today
If you have lost a loved one due to the negligence or wrongful actions of another, you don’t have to face this difficult time alone. The wrongful death lawyers at Horst Shewmaker are here to help you seek justice and financial compensation for your loss.
Contact us online or call (404) 400-1175 today to schedule a free, confidential consultation. We will listen to your story, explain your legal options, and work tirelessly to achieve the best possible outcome for your family.
Your loved one’s legacy deserves to be honored, and we are here to help you do just that.
