Losing a loved one because of someone else’s actions can leave a family facing grief, unanswered questions, and financial stress. If another person, business, or other party may be responsible, an Atlanta wrongful death attorney can explain your legal options.
Choosing an attorney is an important decision. The right lawyer for your family should understand Georgia wrongful death law, have experience with serious cases, and make you feel comfortable asking questions. Knowing what to look for can help you make an informed choice.
Look for Experience Handling Wrongful Death Cases
Wrongful death cases can be more complex than ordinary personal injury claims. Georgia law controls who may bring a claim and what compensation may be recovered. An attorney should understand these rules and know how to investigate a fatal accident.
Ask how often the attorney handles wrongful death claims. It can also help to ask whether the lawyer has handled cases involving the type of event that caused your loved one’s death, such as a car crash, truck accident, dangerous property condition, defective product, or medical error.
Relevant experience may help an attorney spot important issues early and preserve evidence before it disappears.
Ask About the Attorney’s Case Results and Trial Experience
Past results do not guarantee what will happen in a new case. Still, an attorney’s record can tell you about the types and sizes of cases they have handled.
Ask about settlements and verdicts in wrongful death and other serious injury cases. You can also ask how often the attorney takes cases to court.
Many civil cases settle before trial. However, an attorney should be ready to file a lawsuit and present a case in court when necessary. Trial experience can be especially important when the parties disagree about fault or the value of a claim.
Learn Who Will Handle Your Case
Meeting with a lawyer does not always mean that person will handle the day-to-day work on your case. Before hiring a law firm, find out who will be your main contact.
Useful questions include:
- Who will be the attorney responsible for my case?
- How often will I receive updates?
- Who should I call when I have a question?
- How quickly does the firm usually return calls or emails?
- Will I speak directly with an attorney when needed?
Clear communication can make a difficult legal process easier to understand. You should know whom to contact and what to expect after hiring a firm.
Understand Georgia’s Wrongful Death Laws
An attorney should be able to explain Georgia law in plain language. Under O.C.G.A. § 51-4-2, a surviving spouse generally has the right to bring a wrongful death action for a deceased spouse. If there is no surviving spouse, the deceased person’s children may have that right.
In certain situations where no person is entitled to bring the action under Georgia’s other wrongful death statutes, an administrator or executor may pursue a claim for the benefit of the next of kin. Georgia law also permits a personal representative to seek certain funeral, medical, and necessary expenses.
A lawyer can explain which rules apply to your family.
Ask What Compensation May Be Available
Georgia wrongful death law allows qualifying family members to seek the “full value of the life” of the deceased person. State law defines this value without deducting the necessary or personal expenses the person would have paid if they had lived.
The full value of a person’s life can include economic losses, such as lost income and services, as well as intangible aspects of the person’s life. A personal representative may also be able to recover funeral, medical, and other necessary expenses resulting from the injury and death.
Ask an attorney how they would identify and document the losses involved in your particular case.
Find Out How the Attorney Charges Legal Fees
Cost is another important issue to discuss before choosing an attorney. Many wrongful death and personal injury attorneys use contingency fee agreements. Under this arrangement, attorney’s fees are generally based on an agreed percentage of the financial recovery.
Ask the lawyer to explain the fee agreement before you sign it. You should also ask how case expenses, such as filing fees, expert witness costs, and record fees, are handled.
A written agreement should explain the financial terms of the representation. Read it carefully and ask about anything you do not understand before making a decision.
Do Not Wait Too Long to Speak With an Attorney
Georgia generally applies a two-year limitations period to wrongful death actions. However, the deadline can depend on the facts, and certain circumstances can affect how the time limit is calculated.
Waiting can create other problems, too. Video recordings may be erased, physical evidence can be lost, and witnesses may forget important details.
Speaking with an attorney soon after a death can help your family learn which deadlines apply and what evidence may need to be preserved. You do not have to hire the first lawyer you contact. Use consultations to compare experience, communication, fees, and your comfort level.
Contact the Atlanta Wrongful Death Lawyers at Malone Law Medical Malpractice and Severe Injury Lawyers for Help Today
If your family lost a loved one because of someone else’s negligence or wrongful conduct, Malone Law Medical Malpractice and Severe Injury Lawyers can review the circumstances and explain your options.
Our Atlanta wrongful death attorneys can investigate what happened, gather evidence, identify potentially responsible parties, and pursue available compensation on your family’s behalf. Contact us today at (770) 390-7550 to schedule a free consultation and learn more about your legal options.
Social Media