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Wrongful Death

Wrongful Death
The loss of a loved one is the most difficult experiences any person goes through in their lifetime. When the loss is sudden and unexpected, the experience is made that much more difficult. Your thoughts are where they should be, with the person you have lost, and not on the incidental items must be addressed whenever someone passes away. When one of those items is deciding if it is appropriate to pursue a claim against a person or company believed to be responsible for the death of your loved one, the first step is determining the right attorney to retain to assist you. There are many fine attorneys who can assist you. However, the right attorney is the one who is not only competent to handle the case, but with whom you feel you can have a strong working relationship.

In Georgia, only certain individuals are entitled to recover for the loss of a loved one. Generally, when the deceased person is an adult, his or her spouse or children have the right to seek a legal recovery when a loved one has died due to negligence or an intentional act. The spouse is required to share a portion of the proceeds from any legal action for wrongful death with the children, but is guaranteed a one-third of any recovery for wrongful death. When the death of a minor is involved, the right to recover belongs to the child's parents. In the event a person is not survived by a spouse, child or parent, then the right to pursue a wrongful death action belongs to the deceased person's estate.

Under Georgia law, individuals have the right to recover "the full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived." O.C.G.A. S 51-4-1. The "full value" is not limited to those items having proven monetary value, such as lost earnings, but include the loss of intangible items whose value cannot be precisely quantified. In the end, the judge will tell the jury that the amount to be awarded should be determined by their "enlightened conscience."

In addition to a claim for "wrongful death" for the full value of the person's life, the estate of the person also has a right to seek recovery for pain and suffering, if appropriate, and for economic losses such as medical and funeral expenses. Depending on the circumstances, a claim for punitive damages may also be brought.

Determining the appropriate value of a claim for "wrongful death" and for the estate's claim is complicated. It involves evaluating the nature and extent of the injury which led to the person's death, the economic losses that are recoverable, and the liability issues related to the situation. The location where a trial would take place and the person's health are issues that are also factored into any evaluation of a wrongful death claim. Our office utilizes our experience as well as multiple national databases to properly evaluate each of our cases.

Since insurance companies have vast experience in evaluating personal injury claims and will seek to obtain the lowest settlement possible, it is important to have a person with considerable experience dealing with insurance companies on your behalf. Generally, it is best to retain an attorney who regularly handles wrongful death claims and will be prepared to institute litigation on your behalf if the insurance company is unwilling to settle your claim for a fair value.

We are very sorry for the loss which you have suffered which has led you to this portion of our website. If you believe we may be of assistance to you and you wish to discuss your situation with an experienced attorney without any charge or obligation, click here to contact our office.

Client Reviews
★★★★★
I was in a head-on collision last year that put me in a wheelchair with a fractured femur. I needed an attorney and my cousin recommended this firm because he had used Briant Mildenhall for his accident. I was glad I called Briant because he always did what he said he would do and kept me informed. We settled with the insurance company and I'm happy with the result. If someone I know needs an attorney, I will tell them to call Briant because he will get the job done. Michael G.
★★★★★
After a head–on collision I had extremely serious injuries to my back and neck, and some internal injuries. I was airlifted to the hospital and started a huge amount of medical expenses accumulating. I hired a lawyer recommended by a friend but I was not satisfied. My cousin told me about this firm so I talked to Briant Mildenhall about handling the case. I was at ease from the get–go. Briant kept me informed all the way through, was always reassuring and did everything he said he would do. He helped us get the money we needed to get the treatment we needed. Briant was fantastic! Ronda W. (Car Accident)
★★★★★
I was in a car accident that was complicated from the start. I looked on the internet and called a few different lawyers but they turned me down after they heard my story. When I called this firm Lyn Dodson asked me to talk to her in person. I met with Lyn and Rob Katz and after hearing my story they were confident I had a case. They vigorously pursued my case and over time we built a trusting relationship. Lyn even took time to help me with the traffic issues and other aspects of the case. They were always on my side and talked to me about the advantages and disadvantages of my options... Robert W. (Car Accident)
★★★★★
After my car accident, I was looking for an attorney and came across the name Katz Wright Fleming Dodson & Mildenhall LLC. My intuition told me to call. I called in and Briant Mildenhall talked to me. He was very clear and honest about my options. As the case went forward, Briant and the staff at the law office always answered my questions right away. I was very confident in Briant's legal ability. He kept me informed every step of the way. I would recommend Mr. Mildenhall and the firm to anyone who needs an attorney. Antonio J. (Car Accident)
★★★★★
I would recommend the law firm of Katz Wright Fleming Dodson & Mildenhall LLC. Lyn Dodson was my attorney after my auto accident. I had confidence in her legal abilities and experience. She did a very good job for me. She was always there to answer the many questions I asked. The firm is very professional. Lyn always gave you her undivided attention. The firm, especially Lyn, worked with you like a long time friend. Joe B. (Auto Accident)
★★★★★
I am 100% satisfied. I called Rob the day after the accident. Everything he said that would happen did, every step of the way. He went beyond what we needed him to do. I would definitely use him again and recommend him to anyone who needs a lawyer. Steve H.
★★★★★
Robert Katz isn't your average personal injury lawyer. He has specialized knowledge and experience that the others don't. Timothy W. (Trucking Accident)
★★★★★
I have nothing but good and positive things to say about Rob. One of the unique things about my case was that I was involved in a bicycle accident with another biker. He took an unorthodox case between two bicycle riders and he could see the logic and liability in it. I was very happy with the result. Rodney H. (Bicycle Accident)
★★★★★
We just loved him to death. He acted like he cared about us, not just our case. He kept us posted on everything. He even called us on Sundays to update us. My case involved a rear-end collision where I had herniated disks and I had had a prior back injury. Complicated as it was, we were very happy with the outcome. Kathy H. (Car accident)
★★★★★
Throughout the course of my case, Mr. Katz kept me informed about its status, returned my telephone calls and was very attentive to my needs and concerns. Simply put, he cared not just about my case, but about me. Joseph B.
★★★★★
I was, and still am, extremely satisfied with Rob's work and with the outcome of my case. Rob strives to be there for his clients, and I was no exception...I would happily recommend Rob to anyone who is seeking legal assistance after suffering a severe injury. Joey E.
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