Wrongful Death Lawyer in Atlanta, GA
The sudden loss of a loved one due to the negligence or carelessness of another party can be a traumatic experience. In addition to the emotional pain, you may also have to shoulder the financial burden of hospital and funeral costs. Thankfully, Georgia’s Wrongful Death Act provides a means for holding the responsible parties accountable through a wrongful death claim.
However, these claims can be more complicated than others due to the nature of the case. It is, therefore, highly recommended that you seek the assistance of a seasoned attorney. The right legal counsel will guide you through the process, provide you with expectations, and represent you in court if required.
If a loved one’s demise was caused by another party’s negligence or recklessness, you are entitled to justice and recompense. Our skilled wrongful death attorneys at the GMV Law Group can evaluate your case, navigate its complexities, and provide you with room to mourn in tranquility.
Contact us today at 404-975-4878 to arrange a complimentary initial consultation and explore your legal possibilities!
How is Wrongful Death Defined in Georgia?
In the state of Georgia, wrongful death is defined as the passing of an individual due to the negligence, contractual breach, or wrongful action of another individual or entity. In simpler terms, wrongful death occurs when a person’s demise is the result of another party’s legal fault. This could be due to:
- Medical malpractice
- A car wreck or other accident caused by negligence
- An intentional action such as a crime
- A defective product
When a loved one’s life is lost due to the negligence or reckless actions of another party, contacting an Atlanta wrongful death lawyer is a sensible step.
Who Can File a Wrongful Death Lawsuit in Georgia?
Under Georgia Law, only certain family members can file a wrongful death lawsuit. Here’s an overview of who may file a wrongful death claim:
- Surviving spouse: The spouse of the deceased has the first right to file a claim.
- Children: If there is no surviving spouse, the children of the deceased can file.
- Parents: If there is no surviving spouse or children, the parents of the deceased can file.
- Estate representative: If none of the above parties are available, a representative of the deceased’s estate can file the claim on behalf of the estate.
The deceased’s personal representative acts on behalf of the surviving family members who have suffered losses due to their loved one’s death.
The Process for a Wrongful Death Case in Atlanta, GA
Starting a wrongful death claim in Atlanta may seem daunting, especially if you’re unfamiliar with the process. Our wrongful death attorneys are here to guide you at every step. Here’s a brief overview of what the process entails:
Contact an Atlanta Wrongful Death Attorney
It is important to consult with an experienced wrongful death attorney. A lawyer can provide guidance on the legal process, help gather necessary evidence, and represent the family in court.
Gather Evidence
To support the wrongful death claim, you should work together with your attorney to gather evidence including:
- Police report: Especially relevant in cases of car accidents or criminal activity.
- Medical records: Important in cases of medical malpractice.
- Witness statements: Eyewitness accounts can be crucial.
- Expert testimony: Expert witnesses may be needed to establish negligence or causation.
- Financial records: To demonstrate the financial impact of the deceased’s death on the surviving family members.
File the Complaint
The attorney will draft and file a complaint in the appropriate Georgia court. The complaint should include:
- Identification of the parties: Names and relationships to the deceased.
- Facts of the case: Details surrounding the death and how it occurred.
- Legal basis for the claim: Explanation of the negligent or wrongful actions.
- Damages: A detailed listing of the damages being claimed.
Serve the Defendant
Once the complaint is filed, it must be formally served to the defendant(s). This process involves delivering a copy of the complaint and a summons to the defendant, notifying them of the lawsuit.
Discovery Process
After the defendant responds, the discovery process begins. This phase involves the exchange of information between the parties, including depositions, interrogatories, and requests for documents.
Settlement Negotiations
Often, wrongful death cases are settled out of court. Negotiations can occur at any stage of the process. A settlement agreement can provide compensation without the need for a lengthy trial.
Trial
If a settlement is not reached, the case will proceed to trial. Both sides will present their evidence and arguments. The jury or judge will then render a verdict and decide on the amount of damages, if any, to be awarded.
How an Atlanta Wrongful Death Lawyer Can Help
Hiring an Atlanta wrongful death lawyer with extensive experience in handling these types of cases can be incredibly beneficial for several reasons.
Legal Expertise
Wrongful death cases can be intricate, involving a myriad of legal issues. An experienced wrongful death lawyer has a deep understanding of the laws and regulations that govern these cases, which can be crucial in successfully navigating the legal process.
Case Preparation
A competent wrongful death lawyer in Atlanta can conduct a comprehensive investigation into the circumstances surrounding your loved one’s death. They can use their resources to gather evidence, interview witnesses, and consult with experts to build a robust case in your favor.
Compensation
A wrongful death attorney can help you seek compensation for the losses you have incurred due to the death of your loved one. These losses could include medical expenses, loss of financial support, and emotional distress. A seasoned attorney will know how to accurately quantify these losses to ensure you receive the compensation you deserve.
Objectivity
Losing a loved one is an emotional and challenging time, making it difficult to approach the situation objectively. A wrongful death lawyer can provide a level-headed perspective and advocate for your rights in a professional and unbiased manner.
Negotiation Skills
A skilled attorney can negotiate with insurance companies and other parties involved in the case to seek a fair settlement on your behalf. They can use their experience and knowledge to prevent you from being taken advantage of during this difficult time.
Courtroom Experience
If your case goes to trial, an Atlanta wrongful death lawyer can represent you in court and argue your case before a judge and jury. They have the experience and knowledge to present evidence effectively, cross-examine witnesses, and make persuasive arguments to secure a favorable verdict.
Peace of Mind
Having a seasoned wrongful death lawyer on your side can provide a sense of security and peace of mind. You can rest assured that a professional is handling your case and working tirelessly to secure justice for your loved one.
Frequently Asked Questions About Wrongful Death
How Long Do I Have to File a Wrongful Death Case?
It’s crucial to be aware of the statute of limitations for wrongful death claims. In Georgia, you have two years from the date of death to file a legal claim. While there are some exceptions that may extend this period for special cases, the majority of lawsuits must be filed within this timeframe.
What Compensation Can I Seek in a Wrongful Death Lawsuit?
Damages that can be awarded in a Georgia wrongful death case include:
- Economic damages: Lost wages, benefits, and other financial contributions the deceased would have made.
- Non-economic damages: Loss of companionship, care, and other intangible benefits.
- Punitive damages: In cases of egregious misconduct, punitive damages may be awarded to punish the defendant and deter similar behavior.
How Much Does a Wrongful Death Lawyer Cost?
We operate on a contingency fee basis, meaning you don’t have to worry about legal fees unless we win your case. The legal costs are deducted as an agreed-upon percentage from the settlement amount. This arrangement not only allows you to trust in our services, but it also provides our team with an incentive to perform at their best.
Call Our Atlanta Wrongful Death Lawyers at GMV Law Today!
Dealing with wrongful death claims can be challenging due to the many defense tactics used. Even when the defendant admits fault, they often attempt to pay the smallest amount possible. However, you don’t have to worry about this with the GMV Law Group team.
Our lawyers possess exceptional negotiation skills and will advocate for a fair settlement on your behalf. If necessary, we’re prepared to take your case to court to secure the compensation you deserve.
Our wrongful death lawyers are ready to get to work as soon as you reach out to us. Call us today at 404-975-4878 to get started!
