The weeks after losing a family member in a preventable accident are extremely difficult, to say the least. The idea of hiring a lawyer and navigating a legal claim can feel like too much to take on in these circumstances. However, for better or worse, the attorney you choose to represent your family in a wrongful death case matters enormously. The right one can mean the difference between a full recovery and a result that falls short of what your family needs.
Before you commit to any firm, make sure you are asking the right questions. The answers will tell you whether the Atlanta wrongful death lawyer across from you is truly equipped to handle your case. If you need legal support, call Malone Law Medical Malpractice and Severe Injury Lawyers at (770) 390-7550 to schedule a free consultation.
How Can Malone Law Medical Malpractice and Severe Injury Lawyers Help My Family After a Wrongful Death in Atlanta?
Wrongful death cases require a legal team that understands both the complexity of these claims and the emotional weight your family is carrying. Malone Law Medical Malpractice and Severe Injury Lawyers is well-qualified, with more than 50 years of combined experience and hundreds of millions of dollars recovered for families across the Atlanta, GA, area.
When you hire our Atlanta medical malpractice lawyers, we will:
- Conduct a thorough investigation into the circumstances of your loved one’s death
- Identify every party that may share liability
- Calculate the full value of your family’s claim, including both economic damages and non-economic damages
- Handle all communications with insurance companies and opposing counsel
- Prepare your case for trial from day one, even while pursuing settlement negotiations
Reach out today for a free consultation. Our Atlanta wrongful death attorneys can offer you some preliminary legal advice at that time.
“Do I Actually Have a Wrongful Death Case?”
This is the right place to start. Under Georgia’s wrongful death statute (O.C.G.A. § 51-4-1–6), a claim exists when someone’s death results from the wrongful act, negligence, or default of another party. The key question is whether the person or entity responsible had a legal duty of care and failed to meet it.
A good attorney will give you an honest evaluation of the facts rather than simply telling you what you want to hear.
“Am I Eligible to File This Claim?”
Not everyone who was close to the deceased has the legal right to bring a wrongful death action in Georgia. The law lays out a strict hierarchy under state law. The surviving spouse holds the primary right to file. If there is no spouse, that right passes to the children, and then to the parents.
When none of those family members are available, the representative of the estate may file instead.
If you are a surviving spouse with children, the law requires you to act on behalf of those children as well. Any recovery must be shared, though the spouse is guaranteed at least one-third, regardless of how many children are involved.
Ask your attorney to clarify where you fall in this hierarchy and whether any other family members could complicate the process.
“What Is My Family’s Case Worth?”
Any attorney who gives you a firm number as to the value of your claim during an initial consultation should raise a red flag. Wrongful death damages in Georgia are meant to reflect the “full value of the life of the deceased,” which encompasses both the financial contributions they would have made and the intangible loss of their companionship, guidance, and care.
The deceased’s estate may also recover funeral and burial expenses separately, along with any medical bills incurred before death. Your lawyer should walk you through how these categories apply to your situation, even if exact figures are not yet available.
“How Long Do I Have to File?”
Georgia generally imposes a two-year statute of limitations on wrongful death claims beginning from the date of the death. That window can close faster than families expect, considering that investigations take months to complete.
Ask your attorney whether any exceptions might extend the deadline. Medical malpractice deaths, for instance, may be subject to a separate five-year statute of repose.
“What if My Loved One Was Partially at Fault?”
It might affect the amount of compensation available because Georgia follows a modified comparative negligence rule with a 50% bar. Your family can still pursue compensation as long as the deceased was less than 50% responsible for the accident. Any damages awarded will be reduced by their percentage of fault.
If the other side argues that your loved one shared blame, your attorney needs to be ready to challenge that claim with strong evidence.
“What Will It Cost My Family?”
Wrongful death attorneys in Atlanta typically work on contingency, meaning your family pays nothing upfront and owes no legal fees unless the case results in a recovery.
Ask about the specific percentage and whether any costs or expenses apply if your case is unsuccessful.
Schedule a Free Consultation with an Atlanta Wrongful Death Lawyer to Learn More
Asking these questions during an initial consultation will give you a clear sense of whether an attorney is the right fit. The answers should leave you feeling informed and confident rather than pressured into a decision.
Our Atlanta wrongful death lawyers at Malone Law Medical Malpractice and Severe Injury Lawyers are available to sit down with your family and answer every one of these questions at no cost. Contact us today to schedule your free consultation and take that first step toward justice for your loved one.
Social Media