Are you struggling with the sudden loss of a spouse, parent, or child because of a fatal accident in Atlanta, Georgia? Reach out to Malone Law Medical Malpractice and Severe Injury Lawyers at (770) 390-7550 today to schedule a free consultation. Your family may be entitled to compensation, and working with our experienced Atlanta wrongful death lawyers can help you achieve the case results you deserve.
Since our opening, our team has fought to advance the rights and best interests of severely injured accident victims and grieving families in Atlanta. We’re a team of award-winning Georgia trial lawyers with 50+ years of combined experience at the negotiating table. Our relentless pursuit of justice pays off, leading to hundreds of millions of dollars in life-changing monetary awards for our clients.
Your first consultation is free, so contact our Atlanta law office today to speak with our team about your wrongful death case.
How Can Malone Law Medical Malpractice and Severe Injury Lawyers Help With My Family’s Atlanta Wrongful Death Claim?
The best way to hold someone accountable for your loved one’s premature passing is by hiring an experienced Atlanta medical malpractice lawyer to fight for you. Malone Law Medical Malpractice and Severe Injury Lawyers is trusted by families in Atlanta, GA, because we’re honest and aggressive attorneys who don’t give up when our clients are hurting.
The work we do doesn’t just change the lives of the clients we represent; it has helped shape Georgia personal injury law by helping eliminate the state’s cap on non-economic damages in medical malpractice cases. Our commitment to our clients has earned us top honors across the legal industry, including:
- Best Lawyers in America
- Super Lawyers
- Martindale-Hubbell AV Preeminent litigators
You’re grieving an unimaginable loss. Trust our Atlanta medical malpractice attorneys to fight for your financial interests and the sense of justice you need during this difficult time. There’s no charge for an initial case review, so don’t hesitate to call us for help with your wrongful death lawsuit today.
Who Can File a Wrongful Death Lawsuit in Georgia?
Who can pursue a wrongful death claim depends on whether the deceased person was married, had children, or had surviving parents.
Under Georgia law:
- Surviving spouse: If the deceased person was married at the time of their death, their surviving spouse has the right to file a wrongful death lawsuit.
- Children: If the deceased person had no surviving spouse but had children, the children have the right to pursue a wrongful death claim.
- Parents: If the deceased person had no surviving spouse or children, their surviving parent or parents may pursue a wrongful death claim.
- Estate representative: If the deceased person had no surviving spouse, children, or parents, the personal representative of their estate may file a wrongful death lawsuit.
In Georgia, the right to file a wrongful death lawsuit follows a specific legal order. If no eligible family members survive the deceased person, the estate’s personal representative may pursue the claim.
What Are the Most Common Causes of Wrongful Death Cases in Atlanta, Georgia?
Intentional acts of violence, accidents, and unsafe products are all common causes of wrongful death in Atlanta.
At Malone Law Medical Malpractice and Severe Injury Lawyers, we represent families in wrongful death cases related to:
- Medical malpractice
- Car accidents
- Commercial vehicle accidents
- Motorcycle accidents
- Fall accidents
- Workplace accidents
- Construction accidents
- Product liability
- Assault and other criminal acts
- Pedestrian accidents
- Bicycle accidents
- Amusement park accidents
- Aviation accidents
- Boating accidents
- Nursing abuse
If you’ve lost someone you care about because a healthcare provider was negligent, a driver was careless, or a product was unsafe, call our wrongful death attorneys in Atlanta to discuss your case. We’re here to listen to your story, answer your questions, and offer key insights into your legal rights and options at this time.
What Damages Can You Claim in a Georgia Wrongful Death Lawsuit?
Under O.C.G.A. Section 51-4-2(a), the plaintiff in a wrongful death claim can pursue damages for the “full value of the life” of the decedent.
This can include compensation for economic losses and non-economic hardships, including:
- Lost wages, income, benefits, and returns on investments
- Value of household services and support
- Loss of enjoyment of life
Additional compensation may be awarded in a separate survival action filed by the estate, including money for funeral expenses, medical bills for treatment incurred before the decedent passed away, and other costs incurred by the estate.
Wrongful Death FAQ
How Do I Prove a Wrongful Death Case in Georgia?
It depends on the underlying cause of action. Most wrongful death cases arise because of negligent conduct. In these situations, you, the plaintiff, have the burden of proving that another party’s negligence caused your loved one’s premature death.
Elements of a successful negligence action include:
- Duty: you must establish that the defendant owed your family member a duty of care (e.g., to demonstrate the level of care, skill, and reasoning expected of them in their capacity as a healthcare provider)
- Breach: the defendant must have breached the duty of care by acting unreasonably under the circumstances (e.g., a healthcare provider made a medical error)
- Causation: the defendant’s conduct must have been a direct and proximate cause of your family member’s death (e.g., the provider failed to diagnose a serious health condition that ultimately led to your family member’s passing)
- Damages: you must be able to identify damages that have arisen because of your family member’s death
Wrongful death cases can also exist when a person’s death is caused by an unsafe product or another person’s intentionally harmful actions. In these situations, you have the burden of proving that a product was defective and caused death, or that another person intended to cause your family member bodily harm or death.
The burden of proof in wrongful death cases is by a preponderance of the evidence. You need to prove that your side of the story is more likely true than not.
What Is My Atlanta Wrongful Death Case Worth?
You can recover compensation for the “full value” of your loved one’s life. So, the amount of money you can recover will really depend on things like:
- Your family member’s age and life expectancy before they were killed in the accident
- Their job, career path, and earning potential
- Investments, retirement accounts, and business interests
- The things they’re missing out on now because of their premature death, like spending time with family, hobbies, and personal interests
- The strength of their relationships with their loved ones
The costs of funeral expenses and pre-death medical bills can also add to a claim’s value, though those damages are generally paid to the estate and distributed pursuant to the decedent’s will or Georgia intestacy laws.
Certain factors can also potentially hurt your claim’s value, including allegations of contributory fault.
How Is the Settlement Split Among Surviving Family Members?
How a wrongful death settlement or jury award is divided in Georgia depends on which family members survive the deceased person.
If the decedent leaves behind a spouse but no children, the spouse receives the entire award. When both a spouse and children survive, they generally share the award equally, although the spouse is entitled to at least one-third of the total amount, regardless of how many children there are.
If there is no surviving spouse, the children divide the award equally among themselves. When the decedent leaves behind neither a spouse nor children, the surviving parent or parents receive the award, sharing it equally if both are alive.
If none of these family members survive the decedent, the estate’s personal representative may file the wrongful death claim, with any compensation distributed to the decedent’s next of kin according to Georgia law.
How Long Do I Have to File a Wrongful Death Lawsuit in Georgia?
Georgia imposes a two-year statute of limitations on most wrongful death cases. This gives you until the second anniversary of the date your family member passed away from unintentional injuries to pursue damages for the full value of their life.
Don’t let the two-year window make you hesitate to contact an experienced wrongful death lawyer in Atlanta. Valuable evidence can disappear quickly, while witness memories become less reliable as time goes on. The sooner you initiate a conversation about a claim and hire an attorney to work on your behalf, the better your odds of recovering the money you deserve in the wake of your terrible loss.
Contact an Experienced Atlanta Wrongful Death Lawyer for a Free Consultation Today
Call Malone Law Medical Malpractice and Severe Injury Lawyers if you’ve recently experienced the sudden and traumatic death of someone you love in an accident in Atlanta, Georgia. You have rights as a loved one, and our Atlanta wrongful death attorneys are ready to help you pursue financial justice for your loss.
We offer a free consultation, so contact our law office today to get started.
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