Death is heartbreaking — all the more so when they passed away due to someone’s recklessness or wrongful act. In addition to the grief of losing a loved one, families are also left with surprise bills and difficult choices regarding the law. Enter a skilled Atlanta wrongful death lawyer as a saviour.
A seasoned attorney navigates the intricate Georgia law, presents a strong case, and pleads the justice and benefits entitle the families to.
What Is Wrongful Death in Georgia?
Georgia Code (O.C.G.A. § 51-4-1) defines wrongful death as when one’s careless, intentional, or reckless action causes the death of another. In other words, if the victim had prevailed on an action for personal injury had he not died, his loved ones are eligible for a wrongful death action.
The most common causes of wrongful death in Atlanta are:
- Motor vehicle, truck, or motorcycle crashes caused by drunk or irresponsible drivers
- Healthcare negligence, e.g., surgical mistake or improper diagnosis
- Dangerous working environments resulting in fatal job accidents
- Dangerous or defective products
- Criminal offences such as homicide or assault
Every case is different, and determining fault is a whole investigation — one at which a skilled wrongful death attorney is well equipped to assist.
Who is eligible to bring a wrongful death lawsuit in Georgia?
Georgia law limits recovery parties in wrongful death, in the order of:
- The spouse (surviving)
- The children (in case there is no spouse)
- The parents (if there is no spouse or children)
- Representative of the estate of the decedent on behalf of the estate of the decedent
Economic damages and non-economic damages both are included in the compensation paid, that of the “full value of the life” of the decedent.
Types of Compensation Available
Families who seek a wrongful death lawsuit in Atlanta can recover various kinds of damages:
- Economic Damages: These include funeral expenses, medical expenses, and lost wages or benefits.
- Non-Economic Damages: These are for loss of quality of life, loss of companionship, and loss of emotional stability.
- Punitive Damages: Given in instances of gross negligence or intentional behavior to punish the party at fault.
It can be hard to put such damages into numbers, and that is why you require a veteran wrongful death attorney. Attorneys force families to receive rightful and fair compensation — more than insurance companies will offer to settle.
How Experienced Lawyers Help You Win Your Case
Wrongful death cases are difficult to win legally and emotionally challenging. Your competent lawyer presents you with legal facts in a delicate manner in the briefest possible words. This is how he assists you in preparing a winning case:
An Adequate Investigation
Your lawyer gathers facts such as accident reports, statements from witnesses, and hospital reports to prove negligence. Your lawyer can also arrange interviews with forensic experts or accident reconstruction professionals to further solidify your case.
Determination of Liability
In order to prevail, your lawyer must prove:
- The defendant owed a duty of care.
- The duty was breached by the defendant.
- The breach resulted in death.
- Death resulted in damage that can be quantified.
It takes experienced lawyers to know how to make such evidence persuasive to insurance companies and courts.
Estimated Amount of Your Claim
Attorneys use accountants to compute all types of lost wages, benefits, and emotional distress. Your families will not estimate their reasonable damages without them.
Negotiating Insurance Manhandled
The insurance companies are also guilty of making low, fast settlements. Your attorney negotiates on your behalf hard enough to get the settlement to represent your family’s financial and emotional loss.
Representing You in Court
Negotiation not succeeding, your attorney represents you in court with great evidence and compelling arguments to help you win the case.
Why Having the Right Attorney Makes a Difference
The most effective wrongful death attorney does more than mail out forms in — they represent you, they speak up for you, and they walk beside you. In choosing a lawyer, seek out one who:
- Has knowledge of wrongful death and personal injury law
- Successful past history of verdicts and settlements
- Strong communication skills and sensitivity towards bereaved families
- Access to resources to carry out in-depth investigation and obtain expert witnesses
It is mostly the case with Atlanta wrongful death lawyers that they give free consultations and accept cases on contingency fees, therefore you will not be required to pay if they lose your case. In this manner, cost factors will not be an obstacle in the path of justice.
Statute of Limitations in Georgia
Families generally have two years from the date of death to file a wrongful death claim in Georgia. You can lose your right to be compensated if you mess around and waste all of your time.
Exceptions exist, though — such as active criminal cases or probate — that can prolong this timeframe. Because of these obstacles, it’s advisable to consult with an attorney at your earliest opportunity to protect your rights.
Emotional and Legal Support for Families
Apart from legal help, an empathetic lawyer provides you with emotional comfort. They handle the legal procedure from start to finish — filing a suit, exploring facts, resolving cases, and litigating cases — while you focus on mourning and recovery.
Wrongful death suits are not about money. They’re about responsibility, justice, and ensuring that no other family has to go through the same disaster.
Conclusion
It is never easy to file a wrongful death lawsuit in Atlanta, but it is closer to getting justice and healing. With proper guidance from a skilled and compassionate Atlanta wrongful death lawyer, your family will be sure of going through the court process and get the award you are entitled by law.
By making the culprits or the persons responsible pay, you not only bring glory to your late loved one but you also make your society secure for everyone.