If you’ve lost a loved one due to another’s negligence, navigating the aftermath can be overwhelming. A wrongful death attorney in Atlanta can provide invaluable support, guiding you through the legal process and advocating for justice on behalf of your family member.
Drawing on years of experience, our legal team will diligently pursue maximum compensation to address both the tangible and intangible losses you’ve endured. Through our dedicated efforts, we aim to restore your financial security and secure the justice your loved one deserves.
After experiencing a profound loss, knowing your rights is paramount, and our empathetic team is dedicated to offering the assistance and direction you require. For a thorough assessment of your situation, don’t hesitate to contact our seasoned personal injury lawyers in Atlanta, committed to advocating for you and your family.
Wrongful Death Law in Georgia
When an individual passes away due to another’s mistake, negligence, recklessness, or criminal conduct, a wrongful death claim becomes essential. Such incidents can occur through various means, including:
- Car accidents
- Truck collisions
- Motorcycle incidents
- Slip and fall accidents
- Dog bites
- Defective products
- Nursing home mistreatment
If you’re uncertain about the viability of your case, you can receive complimentary legal advice from our team. Georgia laws dictate the procedures for addressing such claims, and your Atlanta wrongful death attorney can assist you in navigating these complexities.
How Long do You Have to File an Atlanta Wrongful Death Claim?
Under Pound law, as outlined in Georgia Code § 9-3-33, there’s a stipulated timeframe within which claims stemming from injuries must be filed – typically two years from the incident date. However, the deadline could be abbreviated depending on the specifics of your case, especially if medical malpractice is implicated in the injury or death of your loved one.
To ensure timely submission of all necessary paperwork, enlisting the assistance of wrongful death lawyers is paramount. Regardless of the statute of limitations, contacting an attorney promptly accelerates the investigation process for your case.
As time progresses, the complexities of a case intensify. As expressed by our firm’s founder, John Foy, “Witnesses vanish, memories blur, and piecing together your case becomes increasingly challenging.”
How Long do You Have to File If the Will Hasn’t Gone Through Probate?
Probate is the formal process of appointing an executor to manage the distribution of assets in accordance with a deceased person’s will. Should the will not undergo probate, you’ll have an extended window to initiate a wrongful death claim. Pursuant to Ga. Code § 9-3-93, you’re afforded a five-year period to pursue legal action against those accountable.
Our Atlanta wrongful death attorneys are equipped to guide you through the subsequent stages of your wrongful death lawsuit. We specialize in securing entitlements aligned with the wrongful death succession order.
Who Can Bring a Lawsuit for Wrongful Death in Georgia?
Under Pound law, specific individuals are granted legal standing to initiate a wrongful death lawsuit. According to the hierarchy established by the law, the following individuals have the authority to file a wrongful death claim for a deceased loved one, in descending order of priority:
- The surviving spouse of the deceased
- Children of the deceased
- If the deceased was unmarried and childless, their parents may bring the claim
- The appointed representative of the deceased’s estate
Therefore, if you’re the sibling of a deceased individual whose death resulted from wrongful actions, you can pursue a claim against the responsible party only through the official channel of the estate representative appointed for your loved one.
Compensation in Atlanta Wrongful Death Lawsuits
In Atlanta, the worth of your wrongful death claim hinges on the collective damages endured by your loved one and your family due to the negligent conduct of the responsible party.
Your overall compensation encompasses economic and non-economic damages, along with any punitive damages deemed appropriate by the court in addressing this matter.
Economic and Non-Economic Damages
The combined economic and non-economic damages you incur are referred to as compensable damages. These are the specific areas that an Atlanta wrongful death attorney will advocate for on your behalf. Our team of Atlanta wrongful death lawyers is experienced in securing compensation for various damages, including:
- Loss of companionship
- Medical expenses
- Loss of care
- Loss of consortium
- Emotional distress
- Loss of income
- Pain and suffering
- Burial costs
Our legal team is prepared to advocate for your compensation to ensure you receive a just settlement for your losses. We offer a complimentary case evaluation to assess the damages you are entitled to and provide guidance on navigating the legal proceedings for your financial recovery.
Punitive Damages in Georgia Wrongful Death Claims
Punitive damages serve to penalize the offender and go beyond standard compensation for a victim. They are awarded by a court to punish egregious wrongdoing, often in cases involving DUI or intentional misconduct by negligent parties.
Proving these claims can be challenging, but our Atlanta wrongful death attorneys boast a 20-year history of discerning when to pursue them. Municipalities and corporations may also be held accountable for providing punitive damages.
Splitting Compensation Among Family Members
According to OCGA § 51-4-2(d)(1), a wrongful death award is typically divided equally among the surviving spouse and children of the victim. However, the spouse is entitled to retain at least one-third of the total award, irrespective of the number of children the victim had.
The distribution of an estate claim is contingent upon the provisions outlined in the victim’s will. In the absence of a will, Georgia law dictates the distribution. An Atlanta, GA wrongful death attorney can offer clarity on how compensation will be apportioned in your specific circumstances.
In many cases, wrongful death payments are non-taxable. Only if punitive damages are received does the settlement become taxable income.
Who Is at Fault for Wrongful Death Cases in Atlanta?
Wrongful death incidents can arise from various circumstances, but the basis for a lawsuit is straightforward: someone or some entity is responsible or negligent in causing another person’s death.
Legally, the individual or entity that committed the wrongful act is termed a tortfeasor. This denotes the party responsible for the wrongdoing. In wrongful death cases, you can only pursue legal action against the tortfeasor. Common examples of tortfeasors in wrongful death claims include:
- Healthcare professionals
- Motor vehicle operators (including truck drivers and trucking companies)
- Manufacturers of automotive parts
- Manufacturers or distributors of products
- Pharmaceutical companies responsible for producing faulty medications
The specifics of your wrongful death claim in Atlanta will dictate the responsible party and who you should pursue legal action against to secure rightful compensation for your family. For instance, in medical cases, potential defendants could include the healthcare facility or corporation, the attending medical professional, nurses, or other hospital staff whose actions or negligence contributed to the loss of your loved one.
In cases involving truck accidents, possible defendants may include the truck driver, the trucking company, the manufacturer of the truck, or other relevant parties. A seasoned truck accident lawyer in Atlanta can assist you in pinpointing the liable parties to ensure you obtain the necessary and deserved compensation.
Reach out to wrongful death attorneys in Georgia for guidance in determining the negligent parties accountable for your loved one’s passing.
How does an Atlanta Wrongful Death Attorney Help?
“In a civil case, the sole means of compensating someone for the loss of life is through financial resources,” states firm founder John Foy. Therefore, we approach these cases with utmost seriousness, guiding you through the process every step of the way. With our exceptional team, we vigorously advocate for your family’s interests and rights.
From the inception to the conclusion of your case, we stand by your side, working on a contingency basis. This means you owe us nothing unless and until we successfully secure the compensation your family is entitled to. Here are a few ways we can assist you: “
Collecting Evidence
As time elapses, the likelihood of evidence vanishing increases. An Atlanta wrongful death attorney is instrumental in gathering and safeguarding evidence pertaining to the actions of the at-fault party, instances of negligence, and the damages suffered by your family. This may encompass:
- Photographs or video footage of the accident scene
- Medical documentation
- Wage statements from employers
- Official police reports
- Eyewitness testimonies
- Testimonies from expert witnesses, such as accident reconstructionist or medical professionals
Filing Your Case on Time
While two years may appear ample, it can swiftly pass amidst various pressing matters. In addition to funeral costs and coping with the loss of your loved one, dealing with financial implications stemming from lost income can be challenging. Accidental death attorneys ensure your claim is filed within the requisite timeframe, safeguarding your entitlement to compensation during this trying period.
Negotiating With Opposing Counsel
The majority of cases are resolved well before reaching the courtroom. Nevertheless, it’s essential to prevent insurance companies from presenting inadequate settlements that fail to address your suffering adequately. Wrongful death attorneys in Georgia adeptly negotiate with opposing counsel, advocating for your rights and ensuring you receive fair compensation.
Litigating Your Claim
Occasionally, the responsible party may resist offering a fair settlement. Hence, it’s crucial to have a Georgia wrongful death lawyer who is prepared to pursue the claim in court if required.
Get a Free Consultation With an Atlanta Wrongful Death Law Firm
For more than two decades, Pound Law & Associates has been dedicated to navigating wrongful death claims in Georgia. When your family faces the daunting task of seeking compensation, our team of seasoned Atlanta wrongful death attorneys is here to shoulder the burden.
We extend a complimentary consultation to all clients, providing a platform to delve into the specifics of your case without any commitment. Should you deem us the right fit for your family, we operate on a contingency basis. You won’t owe us a dime until we secure the compensation your family rightfully deserves.
To arrange a meeting with one of our attorneys, simply reach out to our office or complete the free case evaluation form on our contact page.