Atlanta Wrongful Death Lawyer
Compassionate Wrongful Death Lawyers Serving Atlanta, Georgia
Losing a loved one is always painful, but when that loss is caused by someone else’s negligence or intentional wrongdoing, the grief can be overwhelming. In these cases, families may have the legal right to file a wrongful death claim to seek compensation for their loss and hold the responsible party accountable. If you are facing such a tragedy in Atlanta, consulting our experienced Atlanta wrongful death lawyer can help you navigate the legal process and fight for the justice you deserve.
Understanding Wrongful Death
A wrongful death occurs when an individual dies due to the negligence, recklessness, or intentional actions of another person or entity. Under Georgia law, a wrongful death claim can be brought by the deceased person’s spouse, children, parents, or personal representative. These lawsuits are intended to provide financial relief to the surviving family members who are suffering from the loss of emotional support, companionship, and financial stability.
Common causes of wrongful death include:
- Car accidents caused by reckless or distracted driving
- Medical malpractice where healthcare providers fail to provide an acceptable standard of care
- Workplace accidents, especially in dangerous industries like construction
- Product liability, when defective or dangerous products cause fatal injuries
- Criminal acts such as assaults or homicide
Georgia’s Wrongful Death Statute
Georgia’s wrongful death statute (O.C.G.A. § 51-4-2) outlines who can file a claim and the types of damages that can be recovered. There are typically two parts to a wrongful death claim in Georgia:
- The Full Value of Life Claim: This portion seeks compensation for the intangible and tangible losses suffered by the decedent and their family. This includes lost wages, future earnings, and the loss of care, companionship, and emotional support.
- The Estate Claim: This part is filed by the representative of the deceased’s estate and seeks damages for funeral expenses, medical bills incurred before the person’s death, and the pain and suffering endured by the deceased before passing away.
Families have two years from the date of death to file a wrongful death lawsuit in Georgia, although there are some exceptions that can extend this time frame, such as if there is a criminal investigation related to the death.
The Role of A Wrongful Death Lawyer
Navigating the legal system while dealing with the emotional impact of losing a loved one can be incredibly difficult. This is where a wrongful death lawyer becomes invaluable. An experienced Atlanta wrongful death lawyer at Simon Bridgers Spires will guide you through the legal process, provide compassionate support, and aggressively advocate for your rights.
Investigation and Evidence Gathering
One of the most critical tasks of a wrongful death lawyer is conducting a thorough investigation into the circumstances of the death. This often involves gathering evidence such as police reports, medical records, witness statements, and expert testimony. In some cases, your lawyer may need to work with accident reconstruction specialists or other professionals to establish liability.
Proving Negligence or Fault
In order to successfully pursue a wrongful death claim, the plaintiff must prove that the defendant’s actions (or lack of action) directly caused the death. This involves demonstrating that the defendant owed a duty of care to the deceased, breached that duty, and that the breach resulted in the fatality.
For example, in a car accident case, a lawyer may need to show that the driver was speeding, distracted, or under the influence of alcohol, thereby breaching their duty to operate the vehicle safely.
Calculating Damages
Determining the appropriate amount of compensation in a wrongful death case can be complex. An attorney will consider several factors, including the deceased’s earning potential, age, and life expectancy, as well as the emotional toll on surviving family members. They will also take into account any medical expenses, funeral costs, and the pain and suffering endured by the deceased before death.
By working with financial experts and other specialists, an Atlanta wrongful death lawyer can ensure that you receive fair compensation for both economic and non-economic losses.
Why You Need an Experienced Atlanta Wrongful Death Lawyer
The legal landscape surrounding wrongful death cases is complicated, and insurance companies will often try to minimize their liability by offering low settlements. Without an experienced wrongful death attorney, you may be at a disadvantage when negotiating with insurers or opposing counsel.
Expertise in Georgia Wrongful Death Law
An experienced wrongful death lawyer in Atlanta will have a deep understanding of Georgia’s specific laws and statutes, as well as the local court system. This expertise is crucial in ensuring that your case is filed correctly and within the appropriate time limits. Moreover, an attorney will be familiar with the tactics used by insurance companies to reduce or deny claims, and they will know how to effectively counter these strategies.
Compassionate Support
In addition to providing legal guidance, we offer emotional support during a very challenging time. They understand the grief and trauma that comes with losing a loved one, and they will work to handle the legal complexities so you can focus on healing.
Maximizing Compensation
By having an attorney handle your case, you increase your chances of receiving a fair settlement or court award. A lawyer will not only negotiate with the opposing parties but also prepare to take your case to trial if necessary, ensuring that you receive the maximum compensation possible for your loss.
Contact Us Today
If you have lost a loved one due to someone else’s negligence or wrongful conduct, you don’t have to go through the legal process alone. An Atlanta wrongful death lawyer can help you pursue justice and financial relief for your family during this difficult time. With their expertise and compassionate approach, they will fight to hold the responsible parties accountable and secure the compensation you deserve. Contact us today.