Top-Rated Wrongful Death Attorneys in Gainesville, GA

Anytime a family loses a loved due to the negligence of another, the grief is unimaginable and will follow the family for the rest of their lives.

“Despite our longtime experience, it is always difficult to meet with a family for the first time after the loss of a loved one,” says Andrew Gould, a partner at Stewart Melvin & Frost and a caring member of the firm’s Trial Team. 

“The families are understandably grief-stricken, finding it difficult to even discuss the facts of what happened. The pain in the room is palpable, and it is important that we recognize it and respect it,” Gould says.  “For us, it is about the Golden Rule: Treat each client as we would want our family to be treated if faced with the same or similarly unimaginable tragedy. It is what drives us to leave no stone unturned and to push the case hard. By doing the work the right way, we hold the wrongdoers fully accountable for their actions, forming long-lasting, meaningful relationships with every client who faces these life-changing events.” 

While many different kinds of accidents can result in a wrongful death, one common factor is that the fatality was caused by another party’s negligent actions or behavior.

It is important to remember that you are not alone. Our elite trial team of wrongful death attorneys with The Trial Team at Stewart Melvin & Frost have been representing clients in the area for over 30 years. Over the course of decades, our trial team has developed expertise that allows them to deal with these highly sensitive cases with unrivaled professionalism, understanding, empathy and responsiveness.

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Common Causes of Wrongful Death in Northeast Georgia

Unfortunately, the carelessness of other parties or individuals can lead to severe and sometimes fatal accidents. In the worst-case scenario, an accident may lead to the wrongful death of someone you love. While many types of accidents can result in wrongful death, some of the most common accidents that lead to a wrongful death include:

  • Car, truck, or motorcycle accidents
  • Safety hazards in businesses or other public places
  • Negligent security of a business or other public establishment

In some cases, a wrongful death may be the result of a malfunctioning product rather than another person. If a device or product malfunctions and causes a wrongful death, the manufacturing company can be held responsible. No matter who was responsible for the death of your loved one, the skilled and compassionate Trial Team of Stewart Melvin & Frost will fight tirelessly to hold them accountable.

How Is Wrongful Death Determined in Gainesville and Northeast Georgia?

Generally, Georgia law states that a case for wrongful death may be pursued if a negligent or willful action results in the loss of someone’s life. Wrongful death cases in Georgia fall under the description of tort law which requires certain conditions to be met for a successful claim. These conditions are:

  • The plaintiff(s) must prove that the defendant had a lawful obligation or “duty” to act in a certain way to prevent harm
  • The plaintiff(s) must prove that the defendant failed to fulfill or “breached” this duty
  • Plaintiffs must prove that the loss of life or injury resulting in the loss of life was suffered due to the defendant breaching their duty

If this sounds like your case, please call us immediately to ensure that justice is served. We understand that your case may be challenging to talk about, but we promise to keep your information confidential and secure during these incredibly difficult times. 

Who Can File a Wrongful Death Claim?

While many friends and family members may be affected by a loved one’s wrongful death, only a few people can pursue a wrongful death claim. Those who can legally file a wrongful death claim include:

  • Spouses
  • Children
  • Parents

A sudden, wrongful death leaves families both emotionally and financially devastated. Our Trial Team will help you pursue a claim to make sure those responsible are held accountable to the fullest extent possible. “Accountability matters, and we will fight to make sure there is full accountability, even if that accountability must come from a jury,” says Andrew Gould.

Receive a No-Obligation Consultation from Our Experienced Trial Team in Gainesville, Georgia

With the Trial Team at Stewart Melvin & Frost, we understand every wrongful death case is different, and we want to ensure that you get the help you need through these trying times. Scheduling a free and confidential consultation with a member of our unparalleled legal team can help you understand your case more thoroughly. We take cases on a contingency fee basis. In other words, you are under no financial obligation to us until we secure justice for your loved one.

Call us today at (770) 536-0101 or complete our contact form to schedule your free, no-obligation consultation with The Trial Team at Stewart Melvin & Frost and our team of exceptional wrongful death attorneys.

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FAQ’s from our Wrongful Death Attorneys in Gainesville, GA

What are the most common causes of a wrongful death?

There are many common causes of wrongful death that result in lawsuits. The most common which we handle are car accidents caused by negligent drivers, truck accidents caused by negligent trucking companies and/or drivers, slips and falls on public or private property, negligent secuirty on private or public property and pedestrian accidents.

Are wrongful death damages taxable?

Generally, no. In the United States, settlements from a claim for personal injury or death are not taxable.

However, this is not a cut and dry issue due to how legal compensation is dealt with in the state of Georgia. You may be on the hook for taxes for other portions of the compensation. Taxable portions of your settlement may include, but are not limited to, settlements received for medical bills and funeral expenses as well as punitive damages due to the negligence of the other party.

How long do wrongful death cases take?

The length of time that your wrongful death case takes varies considerably based on several factors, including family actions, how quickly the Probate court can prepare the documents, how the defendant responds to the lawsuit, and whether insurance is involved. One important factor is the basis of your case. If you’re dealing with a wrongful death case resulting from product liability, that may take a considerable amount of time to resolve as corporations that design, manufacture and market products have considerable resources. 

Wrongful death cases are sometimes settled out of court, in which case it does not take long to resolve. We highly recommend that you do not settle out of court until you speak to our Stewart Melvin & Frost Trial Team, as we’ll be able to figure out the type and amount of compensation that you’re likely to receive. Give us a call at 770-536-0101 for a no-obligation consultation.

How are wrongful death settlements paid out?

Wrongful death settlements are paid out according to how the compensation is paid (settlement or verdict), and who in the family survives the deceased. First, it’s important to note that in the state of Georgia, a person does not need to represent the deceased’s estate in order to initiate a wrongful death claim since estate claims are covered under a different set of laws.
 
Wrongful death settlements and verdicts are paid out by the defendant through the courts, but how the money is distributed will depend on who the surviving family members are. Generally, the spouse is entitled to no less than one third of any compensation, no matter who brought the case. Legal costs are covered by the settlement, so usually no party is left holding the bag when it comes to fees.

How much does it cost to discuss my case?

We will provide a no-cost initial review of your case with an honest evaluation – from beginning to end. If your case is accepted on a contingency basis, there are no fees until the case is resolved.

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