The Premier Wrongful Death Attorneys in Gainesville, GA

Have you lost a loved one due to someone’s negligence? If so, you may be entitled to compensation under the law.

Wrongful death is a legal term that describes a situation in which someone’s untimely death was caused, directly or indirectly, by another’s negligent behavior. Wrongful death covers many different situations such as an injury caused by negligence that ultimately results in mortality. We represent people who have lost a loved one at the hands of someone else’s carelessness to secure the justice you and your family deserve.

Losing a loved one is tough enough. Knowing that their death could have been avoided is a cross that sometimes is too much to bear. You need to know that you’re not alone and that clients like you have not only had their day in court, but obtained full justice under the law..

Our elite trial team of wrongful death attorneys here in Gainesville, GA, have been representing clients in the area for years and have developed expertise that allows us to deal with these highly sensitive cases with professionalism, understanding, and responsiveness..

Get a No-Obligation Consultation

Our free, no-obligation consultation can help you understand your case more thoroughly. Every wrongful death case is different, and we want to make sure that you get the help you need through these trying times.

Call us today at 770-536-0101 to schedule your free, no-obligation consultation with Stewart, Melvin & Frost and our team of wrongful death attorneys here in Gainesville.

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How is Wrongful Death Determined in Gainesville, GA?

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. If negligent behavior results in the death of a loved one, then a case may be established.

Wrongful death cases in the state of Georgia fall under the description of tort law. Tort law requires certain conditions be met.

These conditions are:

  • The plaintiff(s) must prove that the defendant had a lawful obligation or “duty” to act in a particular fashion.
  • 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 as a result of the defendant’s act of breaching his or her duty.

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

Start a no-obligation consultation with us by calling 770-536-0101 today.

Contact Our Gainesville Wrongful Death Attorneys Today

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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