Losing a loved one is an overwhelming experience. If you lost a loved one due to someone else’s careless, reckless, or wrongful acts in Atlanta, GA, you may deserve financial compensation. An experienced Atlanta wrongful death lawyer at Malone Law can help you fight to recover compensation for medical bills, loss of financial support, pain, suffering, and more.
Our lawyers in Atlanta have over 50 years of combined experience. Since our law firm was founded, we’ve recovered hundreds of millions in compensation.
While money can’t bring your loved one back, it can reduce stress while you grieve. Contact or call (770) 390-7550 our law offices in Atlanta, Georgia, to schedule a free consultation to learn more about how we can help.
How Can Malone Law Help With My Family’s Atlanta Wrongful Death Claim
Fatal accidents are much too common in Georgia. 1,797 people were killed in motor vehicle accidents alone in one recent year. Most accidents are completely preventable–and leave innocent people grieving devastating losses.
If you lost a family member, you deserve justice. An experienced Atlanta medical malpractice lawyer at Malone Law can help you hold the at-fault party accountable. Our team has earned an AV pre-eminent rating from Martindale Hubbell. We’ve also been recognized by Super Lawyers and Best Lawyers in America.
With our lawyers on your team, you can expect an advocate to:
- Fully investigate the circumstances of your loved one’s death
- Determine who is legally responsible for your damages
- Calculate your case value–and fight for every penny
- Retain experts who can strengthen your claim for compensation
- Defend you against unfair blame-the-victim strategies
- Negotiate fiercely with the insurance companies and defense team
We understand that you’re dealing with an overwhelming loss. We’ll do everything we can to help your family through this difficult time. Contact our Atlanta medical malpractice attorneys for help with the legal issues today.
What is a Wrongful Death Lawsuit?
Personal injury lawsuits give victims the right to recover compensation when they’re injured due to someone else’s actions. Unfortunately, not all injury victims survive. A wrongful death lawsuit gives survivors the right to file a lawsuit on a deceased person’s behalf.
Wrongful death lawsuits are civil matters. No criminal penalties are involved. Like personal injury cases, the civil court can award compensation if the case is successful.
You may have a valid wrongful death lawsuit regardless of whether the at-fault party is facing criminal charges. In fact, most wrongful death cases are based on negligence.
Who Can File a Wrongful Death Lawsuit in Atlanta?
Under Georgia’s wrongful death laws, only certain parties can file a wrongful death lawsuit.
Those parties include:
- A surviving spouse
- Children of the decedent (both minors and adults)
- Parents of the decedent, if the decedent was unmarried with no children
If there are no surviving parents, children, or spouse, the deceased person’s estate has the right to file the lawsuit. Any compensation awarded by the court is distributed by the estate according to the victim’s will or Georgia intestate laws.
What is My Atlanta Wrongful Death Case Worth?
Calculating the value of a wrongful death case can be extremely complex. In a successful wrongful death lawsuit, survivors in Georgia are entitled to recover damages for the “full value of the life of the decedent.”
The question then becomes: how do you put a dollar value on a human life? No amount of money will ever truly be enough to make up for your losses. Still, you must understand your case value to have any chance of getting a fair insurance settlement.
Many different factors are relevant to the value of your case, including:
- The cost of the decedent’s medical treatment prior to death
- The decedent’s prior earning capacity
- The value of any lost employment, health, or retirement benefits
- The identity of surviving family members, including a young spouse or children
- How the decedent contributed to the family and household
- The decedent’s life expectancy prior to the injury
- The circumstances surrounding the decedent’s death
- Whether the decedent shared any fault for the accident
The emotional impact that the loss of your loved one has had on the family is also important. Our lawyers will spend the time to fully understand how the loss has changed your life. We’ll gather evidence and work with experts who can help translate your losses into dollars and cents.
What Types of Damages Are Available to Survivors of Fatal Accidents in Georgia?
The compensation you receive will depend on the nature of the damages your family has suffered. You can seek compensation for financial expenses (economic damages) and intangible losses (non-economic damages).
Some examples of the types of compensation your family may be entitled to receive include:
- Medical expenses incurred from the date of injury to the date of death
- Loss of financial support
- Loss of the value of household services, childcare, and other contributions
- Loss of parental support and guidance
- Loss of consortium
- The victim’s pain and suffering prior to death
- Emotional distress
- Funeral costs and burial expenses
- The costs associated with estate administration
- Workers’ compensation benefits if the death occurred at work
- Punitive damages in cases involving intentional wrongdoing or gross negligence
Proving the value of these damages can be difficult. Having an experienced Atlanta wrongful death attorney by your side greatly improves your odds of recovering the most compensation possible.
Can I Recover Damages If My Loved One is Getting Blamed for a Fatal Accident in Georgia?
Georgia is a modified comparative negligence state. Liability is apportioned between all parties who share the blame for an accident. That includes someone who is injured or killed because of the accident.
Once the victim’s share of fault reaches 50%, they’re no longer entitled to compensation. If your loved one’s share of fault was less than 50%, your settlement or verdict is reduced by their percentage of fault.
Even though your loved one can’t defend themselves, the insurance company might still try to blame them. It’s a common defense strategy. If they succeed, your family could walk away with less than you deserve–or nothing at all.
We can protect you if your loved one is being blamed. Contact our lawyers in Atlanta to schedule a free case review today.
What Are the Leading Causes of Wrongful Death in Atlanta, Georgia?
You may be entitled to compensation if your loved one was killed because of someone else’s mistake.
Some of the most common causes of wrongful death include:
- Medical malpractice
- Car accidents
- Slip and fall accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Truck accidents
- Commercial vehicle accidents
- Bus accidents
- Rideshare accidents
- Boating accidents
- Construction site accidents
- Workplace accidents
- Exposure to toxic substances
- Dog bites
- Swimming pool accidents
- Dangerous property conditions and premises liability
- Defective products
- Assault
- Birth injuries
If your loved one was killed due to someone else’s negligent, reckless, or wrongful act, contact our Atlanta wrongful death lawyers today. We can help you pursue compensation from anyone who shares the blame for your loss.
How Do I Prove Someone Else is Responsible for Paying My Family’s Damages?
Fatal accidents are usually sudden. You might not have been present at the accident scene. Even if you were, it can be difficult to know exactly what happened.
To win your case, you’ll have to prove that someone else was responsible for causing your loved one’s death. Most often, that means proving negligence.
Negligence means:
- Someone owed your loved one a legal duty of care
- They breached the duty of care
- The breach of duty directly caused your loved one’s death
- The damages your family has suffered as a result
Most of the time, you’ll start by filing a claim with insurance companies. Insurance companies don’t blindly write checks. They’ll want to see evidence about what caused your loved one’s death and why they’re responsible for your damages.
That evidence can include a wide range of things, including:
- Police reports
- Eyewitness statements
- Results of drug or alcohol testing
- Video Footage
- Evidence from the accident scene
- Statements and testimony from experts
- Photos
- Cell phone records
Our lawyers will start gathering this evidence as soon as you hire us. Contact us today to get started.
How Long Do I Have to File a Wrongful Death Lawsuit After a Fatal Accident in Georgia?
The statute of limitations in wrongful death cases is two years. Under Georgia law, you have two years from the date of your loved one’s death to file a wrongful death suit.
There are rare exceptions to the general rule. For example, you can request the court to “pause” the clock if the defendant is facing criminal charges.
Even if your case is strong, you’ll usually lose your right to sue for damages if you miss the deadline.
Contact an Experienced Atlanta Wrongful Death Lawyer for a Free Consultation Today
We know that your grief may already seem unbearable. You shouldn’t have to deal with financial stress on top of everything else. Our lawyers at Malone Law are here to handle all of the legal issues. Contact our team for a free initial consultation with an Atlanta wrongful death lawyer today.