Atlanta
Wrongful Death Lawyer

If your loved one died due to someone else’s negligence, you might not know where to turn or what to do. An Atlanta wrongful death lawyer can help you seek justice for losing your family member and hold the liable parties responsible.

With decades of experience, our attorneys will help you fight for maximum compensation to cover the economic and non-economic losses you’ve suffered. As a result, our team can help you regain your financial stability and obtain justice.

Understanding your rights is crucial after such a significant loss, and our compassionate team is here to provide the support and guidance you need. For a comprehensive evaluation of your case, reach out to our experienced personal injury attorneys in Atlanta who stand ready to fight for you and your family.”

Wrongful Death Law in Georgia

A wrongful death claim is necessary when someone dies as a result of someone else’s error, carelessness, recklessness, or criminal activity. This can happen in many ways, including:

• Car wrecks
• Tractor-trailer accidents
• Motorcycle crashes
• Slip and falls
• Dog attacks
• Defective products
• Nursing home abuse

If you are unsure if you have a case, you can obtain free legal counsel from us. Various Georgia laws govern how the legal system handles these claims, and your Atlanta wrongful death attorney can help you navigate these issues.

How Long do You Have to File an Atlanta Wrongful Death Claim?

Georgia Code § 9-3-33 sets the statute of limitations for claims arising from injuries at two years from the incident date. However, depending on the context of your claim, such as whether medical malpractice played a role in your loved one’s injury or death, you may have a shorter deadline by which you must file your claim.

Wrongful death lawyers can help you ensure that you file all your paperwork on time. No matter the statute of limitations, the sooner you call an attorney, the faster we can investigate your case.

A case can get more challenging as time goes on. “Witnesses disappear, memories fade, and it becomes very difficult to put together the pieces to your case,” says firm founder John Foy.

How Long do You Have to File If the Will Hasn’t Gone Through Probate?

Probate is the process of assigning an executor to handle the inheritance process. If your loved one’s will does not go through this legal action, you will have longer to file a wrongful death action. According to Ga. Code § 9-3-93, you have five years to file a claim against the responsible parties.

An Atlanta wrongful death lawyer from our law firm can help you navigate the next steps of your wrongful death case. We can help you recover benefits according to the wrongful death succession order.

Who Can Bring a Lawsuit for Wrongful Death in Georgia?

Specific people are legally allowed to bring a wrongful death claim to court. In order of priority, the law says the following people can file for a loved one’s wrongful death:

• The surviving spouse of the decedent
• Children of the decedent
• If the decedent was not married and had no children, their parents can bring the claim
• The representative of the decedent’s estate

Thus, if you are the brother or sister of a loved one who passed away due to wrongful death, you can only bring a claim against the at-fault party through the official avenue of your loved one’s estate representative.

Compensation in Atlanta Wrongful Death Lawsuits

The value of your wrongful death claim in Atlanta depends on the total damages your loved one and your family suffered due to the negligent actions of the at-fault party.

Your total compensation is based on economic damages, non-economic damages, and any punitive damages the court wishes to apply in this case.

Economic and Non-Economic Damages

Your economic and non-economic damages are collectively known as compensable damages. These are the items a wrongful death lawyer in Atlanta will argue for explicitly in your case. Our Atlanta wrongful death lawyers can help you recover damages such as:

• Loss of companionship
• Medical expenses
• Loss of care
• Loss of consortium
• Emotional distress
• Loss of income
• Pain and suffering
• Burial costs

Our attorneys are ready to fight for your loss to receive a fair settlement. We’ll evaluate your case for free, identify what types of damages you qualify for, and guide you through the next steps of the legal process for your financial recovery.

Punitive Damages in Georgia Wrongful Death Claims

Punitive damages are meant to punish the wrongdoer and are above and beyond the typical compensation for a victim. A court may award punitive damages to punish the wrongdoer. These damages are typically awarded in a DUI case or if the negligent parties did something intentionally.

These claims are difficult to prove, but our wrongful death attorneys in Atlanta have a 20-year track record of knowing when to fight for these claims. Municipalities and companies can also be responsible for providing compensation for punitive damages.

Splitting Compensation Among Family Members

OCGA § 51-4-2(d)(1) states that a wrongful death award should be divided equally among the victim’s surviving spouse and children. However, the spouse will always keep at least one-third of the total award regardless of the victim’s number of children.

The distribution of an estate claim depends on the terms stated in the victim’s will. Georgia law determines the distribution if the victim dies without a will. A wrongful death lawyer in Atlanta, GA, can help you understand how the compensation will be divided in your specific case.

Often, a payment for wrongful death is not taxable. Only if you receive punitive damages, your case settlement will count as taxable income.

Who Is at Fault for Wrongful Death Cases in Atlanta?

A wrongful death may happen in many ways, but the grounds for a suit are fairly simple: somebody or some entity was at fault or negligent in causing someone else’s death.

The technical term for who can be sued is a tortfeasor. This means the person, persons, or entity that committed the wrongdoing. You can only sue the tortfeasor for wrongful death. Typical tortfeasors you can sue in wrongful death claims include:

• Medical staff
• Drivers (including truck drivers and trucking companies)
• Auto parts manufacturers
• Product manufacturers or distributors
• Pharmaceutical companies that produce defective drugs

The details of your Atlanta wrongful death claim will determine who is at fault and who you should sue so your family can collect their rightful compensation. For example, in medical cases, you can sue the health center or corporation, the medical professional, the nurse, or another hospital employee whose actions or negligence led to your loved one’s death.

In truck accident cases, you may be able to take legal action against the truck driver, the trucking company, the truck manufacturer, or various other parties. An experienced truck accident lawyer in Atlanta can help you identify who is to blame so you can recover the compensation you need and deserve.

You can contact Georgia wrongful death attorneys for help determining the negligent parties responsible for your loved one’s death.

How does an Atlanta Wrongful Death Lawyer Help?

“In a civil action, the only way we can compensate somebody for passing away is through a money resource,” says firm founder John Foy. So we take these cases seriously and explain the process as we work. We have an excellent team to work with us to fight for your family and protect its rights.

We work with you from the start of your case to its end, operating on a contingency, so you pay us nothing unless and until we win you the compensation your family deserves. These are just some of the ways we could help you:

Collecting Evidence

The more time passes, the higher the probability evidence will disappear. An Atlanta wrongful death attorney will collect and preserve evidence of the at-fault party’s actions, negligence, and your family’s damages. This includes:

• Photos or video of the accident scene
• Medical records
• Employer wage statements
• Official police records
• Testimony from eyewitnesses
• Expert witness testimony, such as accident reconstructionists or physicians

Filing Your Case on Time

Two years may seem like a long time, but it can go by quickly. You and your family have other pressing concerns, including funeral expenses, grieving for your loved one, and handling lost income-related complications. Accidental death lawyers can file your claim within the appropriate deadline to preserve your right to compensation in this difficult time.

Negotiating With Opposing Counsel

Most cases settle long before ever going to court. However, you want to ensure the insurance company doesn’t offer your family a lowball settlement that doesn’t adequately compensate you for your pain. Wrongful death attorneys in Georgia can negotiate with opposing counsel on your behalf, ensuring that your interests are honored.

Litigating Your Claim

Sometimes, the at-fault party may refuse to pay an appropriate settlement amount. Therefore, you want a wrongful death lawyer in Georgia who is unafraid to take the claim to court if necessary.

Get a Free Consultation With an Atlanta Wrongful Death Lawyer

John Foy & Associates has over 20 years of experience handling wrongful death claims in Georgia. When your family needs help getting compensation, our team of knowledgeable Atlanta wrongful death attorneys can step in and handle every step of your claim.

We provide all clients with a FREE consultation to discuss the details of your case, with no obligation to hire us. If you decide we are a good fit for your family, we work on a contingency basis. You owe us nothing until we win you the compensation your family needs.

To schedule an appointment with one of our attorneys, call our office or fill out the free case evaluation form on our contact page.