Losing a loved one due to someone else’s negligence or misconduct can be a devastating and life-altering experience. The feelings of shock, anger, and despair can be overwhelming, with the desire for justice and closure weighing heavily on the bereaved’s mind. In such trying times, having a reliable and experienced Atlanta wrongful death attorney by your side can make all the difference, as we work tirelessly to help families navigate the complex legal system and seek the rightful compensation they deserve.
Our team of skilled professionals is dedicated to providing compassionate and personalized service, understanding the unique circumstances and emotional trauma that come with each case. We pride ourselves on our commitment to not only delivering justice for our clients but also serving as a trusted and empathetic support system throughout this challenging process. With extensive experience in handling wrongful death cases in the Atlanta area, we have developed a keen understanding of the local legal landscape, helping us effectively represent and advocate for our clients’ interests.
In order to secure the best possible outcome in a wrongful death lawsuit, it is essential to have a comprehensive understanding of the various factors that may come into play. There are numerous facets to consider, such as establishing liability, calculating damages, and navigating the intricacies of Georgia state law. By choosing to work with us, you can rest assured that our years of experience and expertise in this field will be used to serve your best interests in the quest for justice and compensation for your loss. Learn more about atlanta wrongful death attorney
Understanding Wrongful Death Claims
Definition and Grounds for Wrongful Death in Georgia
In Georgia, a wrongful death refers to the untimely death of a person due to the negligent, reckless, or intentional conduct of another individual or entity. Wrongful death claims seek justice for the deceased’s family and to hold the responsible party accountable.
Families of the deceased can file a wrongful death claim based on various grounds, such as:
- Negligence: When a person’s failure to exercise reasonable care results in the death of another.
- Reckless Behavior: When a person knowingly engages in dangerous actions leading to someone’s death.
- Intentional Misconduct: When a person intentionally causes harm resulting in someone’s death.
To establish a wrongful death claim in Georgia, we need to prove:
- The defendant had a duty of care to the deceased.
- The defendant breached that duty.
- The breach directly resulted in the death of the deceased.
- The family has suffered damages due to the loss of their loved one.
Statute of Limitations for Filing a Claim
In Georgia, the statute of limitations for filing a wrongful death claim is 2 years from the date of the death. If the claim is not filed within this time frame, the family might lose their right to pursue compensation.
However, there are exceptions that can alter the statute of limitations, such as:
- If the deceased’s estate has not been probated: the limitations are put on hold until probate is complete.
- If a criminal case is brought against the defendant for the same act: the wrongful death claim will be paused until the criminal case is resolved.
Understanding Georgia’s wrongful death laws and ensuring a case is filed within the statute of limitations is crucial for seeking justice and compensation for the family’s loss. Our Atlanta wrongful death attorneys have the expertise and knowledge to navigate these complex cases and offer support to grieving families in their pursuit of justice.
Seeking Justice and Compensation
The Role of Atlanta Wrongful Death Attorneys
As Atlanta wrongful death attorneys, we understand the pain and suffering that families endure when they lose a loved one due to someone else’s negligence. Our role is to provide compassionate and competent legal representation while seeking justice and compensation for your loss. We handle all aspects of the case, from investigating the circumstances of the death to negotiating settlements and litigating, if necessary.
Types of Damages We Pursue:
- Economic Damages: Medical expenses, funeral costs, and lost income
- Non-Economic Damages: Pain and suffering, loss of companionship, and emotional distress
- Punitive Damages: In cases of severe negligence or intentional harm, to deter similar future behavior
Calculating Damages and Negotiating Settlements
In order to fight for the maximum compensation possible, we work closely with experts such as actuaries and economists who can accurately calculate the damages you deserve. These calculations may include:
- Present and future lost wages: Based on age, occupation, and earning potential
- Medical expenses: Both those incurred and projected future costs
- Funeral expenses: Including services, burial or cremation, and related costs
Once damages have been calculated, we enter into negotiations with the at-fault party’s insurance company to reach a fair settlement. If an agreement cannot be reached, we are prepared to take your case to trial.
The Litigation Process: From Trial to Verdict
When litigation is necessary, we guide our clients through each step of the trial process. This includes:
- Filing a complaint: We draft and file the necessary documents to officially start the lawsuit
- Discovery: Both sides exchange information and evidence, including documents, witness testimony, and expert opinions
- Pre-trial motions: We advocate on your behalf to help simplify and focus the issues in the case
- Trial: We present your case to a judge or jury, utilizing our skills in understanding and mastering complex matters and presenting them in a persuasive and compelling manner
- Verdict: The judge or jury determines liability as well as the amount of compensation you are entitled to
It is important to note that each case is unique, and timelines may vary depending on the specifics. However, our goal remains the same: to seek justice for your loss and ensure you receive the compensation you deserve.
