Wrongful Death

Atlanta Wrongful Death Lawyers

Compassionate Legal Support for Wrongful Death Claims in Atlanta

Dealing with the death of a loved one is one of the most difficult experiences a family will ever encounter. Wrongful death can occur from a serious car accident or even while staying at a hotel or apartment complex. While no amount of money will ever bring a deceased loved one back, Georgia law provides a civil remedy for the survivors of someone who has suffered a death. Pursuing a wrongful death claim with a skilled attorney can help alleviate financial burdens, such as medical bills and funeral expenses, and provide a sense of justice by holding negligent parties accountable.

What Is Wrongful Death?

A wrongful death is defined as the loss of a life as a result of another person or another entity's negligent or intentional behavior. The individual or group may be held liable if there is evidence of negligence or intentional injury. It's crucial for families to understand that wrongful death claims can be complex and require detailed evidence and testimonies to establish liability. Working with a wrongful death lawyer in Atlanta who has experience in handling these types of claims can significantly improve the chances of a successful outcome.

Common causes of wrongful death include:

Act Now: Contact Atlanta's Trusted Wrongful Death Lawyers

The team at The Fowler Firm is committed to pursuing justice and advocating for what's best for you and your family. Our experienced wrongful death attorneys in Atlanta are backed by years of experience and a track record of success, so don't hesitate to reach out to discuss your situation today. We are available 24/7 to take your call!

If you have suffered the loss of a loved one due to the actions of another individual or corporation, we invite you to call us at (404) 995-1963 or contact the wrongful death attorneys at The Fowler Law Firm to discuss your options. Our team is dedicated to ensuring that your rights are protected and that you receive the compensation you deserve. 

 

Commonly Asked Questions

Who Is Eligible to File a Wrongful Death Claim in Georgia?

Under Georgia law, the individuals eligible to file a wrongful death claim typically include the immediate family members of the deceased, such as a spouse, children, and parents. In cases where there are no immediate family members, heirs at law may be entitled to file the claim. These claims are intended to compensate for the full value of the deceased's life, including tangible and intangible contributions. It's essential for families to understand the eligibility requirements fully to ensure they file correctly and don’t encounter unnecessary legal hurdles. Consulting with a wrongful death lawyer can provide clarity on these processes.

What Damages Can Be Recovered in an Atlanta Wrongful Death Lawsuit?

In an Atlanta wrongful death lawsuit, the damages that can be recovered include both economic and non-economic factors. Economic damages may cover the decedent's lost wages, potential lifetime income, and future benefits. Non-economic damages can include loss of companionship, emotional distress, and the value of the experiences and activities the deceased would have enjoyed. Additionally, in some cases, punitive damages may be awarded if the defendant's actions were particularly egregious. Understanding the scope of recoverable damages can provide families a clearer picture of what to expect and how to negotiate settlements effectively, which can ease the financial and emotional stress associated with filing a claim.

How Long Do I Have to File a Wrongful Death Claim in Georgia?

In Georgia, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased person's death. However, certain factors can extend or reduce this time frame. For instance, if there is an ongoing criminal investigation related to the death, the statute of limitations may be paused. It's crucial to consult with a wrongful death attorney soon after your loss to understand the specific timeline applicable to your circumstances. Missing this deadline could forfeit your right to seek legal remedies.

What Factors Are Considered in Proving Negligence in a Wrongful Death Claim?

Proving negligence in a wrongful death claim necessitates demonstrating that the defendant owed a duty of care to the deceased, that this duty was breached, and that the breach caused the death. This process involves gathering substantial evidence such as eyewitness testimonies, expert opinions, and relevant documentation, which may include medical or accident reports. Detailed investigation and presentation of facts are critical components, as is legal guidance to navigate complexities in the evidentiary requirements. Given the emotional challenges involved, having a knowledgeable wrongful death lawyer by your side can make this process more manageable.

Georgia Wrongful Death Claims: Your Legal Options

In Georgia, there can be two separate claims against a person or corporation who negligently caused a death. The family may choose to pursue one or both claims depending on the nature of the death. Understanding these claims is crucial to ensure that the family makes informed decisions that are in their best interests. Engaging knowledgeable legal counsel can provide essential guidance through the claim process, maximizing the potential for favorable outcomes with a wrongful death lawyer in Atlanta.

Calculating the "Full Value of Life" in Atlanta Wrongful Death Cases

The first type of claim is a wrongful death claim for the "full value of life" of the deceased individual. This claim is based upon both tangible (economic) and intangible aspects of the individual's life. Tangible factors may include the deceased's earning potential and contributions to their family's financial status, while intangible factors capture their role in family dynamics and community contributions. The valuation of a wrongful death claim can involve complex calculations and considerations, requiring professional insight to ensure all aspects are addressed.

When determining the tangible value of the decedent's life, a jury takes into account many factors, including:

  • Decedent's Age
  • Physical Health
  • Type of Work the Decedent Performed

Examples of the Intangible Values of Life Include:

  • Time spent with the decedent,
  • Things he or she did with their family,
  • Sports and activities he or she participated in, and
  • Support and companionship.

Factors such as the quality of life, relationships, activities, lifetime income, and future benefits are some of the many factors that are included in the valuation of a deceased individual’s life. The depth of analysis required emphasizes the need for an experienced legal team who can effectively communicate these considerations in court to secure a fair judgement.

This claim belongs to the deceased individual’s survivors, which is defined by statute as typically including a spouse, children, parents, or heirs at law. If you need to file a "full value of life" claim, reach out to the wrongful death lawyers in Atlanta at The Fowler Firm.

Atlanta Estate Claims: "Survival Action" in Wrongful Death Cases

The second type of claim belongs to the estate of the deceased individual. A "survival action" belongs to the estate and is brought by the executor or administrator of the deceased for pain and suffering before death, medical expenses, and funeral expenses. This is essentially the claim that the deceased would have brought if they survived. Understanding 'survival actions' can be complex, as they involve the representation of the deceased’s legal interests, adding another layer to the legal pursuit for justice.

The estate is acting in place of the deceased. Punitive damages, which serve as punishment for particularly egregious behavior, may also be awarded in a survival action if the offending party broke the law during the act of wrongful death. These damages can act as a deterrent, preventing similar future conduct by highlighting the severe consequences of negligent or intentional harm. Working with a wrongful death attorney is vital to navigating these complex claims and securing just compensation.

Contact The Fowler Firm by calling (404) 995-1963 for your free consultation from our Atlanta wrongful death attorneys. Our dedicated team can help you navigate the complexities of wrongful death claims and ensure your family's interests are safeguarded.

Understanding Local Resources & Pain Points for Wrongful Death Claims in Atlanta

When dealing with the aftermath of a wrongful death in Atlanta, it's crucial to understand the local resources and common challenges that families face. The City of Atlanta and Fulton County offer various support services, but navigating these can be overwhelming during such a difficult time. Local government entities like the Fulton County Probate Court and the Atlanta Police Department can provide essential documentation and support, but knowing where to start can be challenging. Seeking local guidance can greatly simplify this process, helping families focus on healing while knowledgeable professionals handle complex logistics.

One of the significant pain points for Atlanta residents is the complexity of filing a wrongful death claim. The process involves multiple steps, including gathering evidence, dealing with insurance companies, and understanding Georgia's specific wrongful death statutes. Additionally, Atlanta's bustling traffic and high rate of car accidents contribute to a higher incidence of wrongful death cases related to automobile accidents. Engaging with a wrongful death lawyer in Atlanta familiar with these challenges can offer strategic advantages and peace of mind, knowing your claim is in capable hands.

Why Choose The Fowler Firm?

  • Litigation Experience
    We rigorously litigate cases and negotiate settlements. We are experienced litigators and are willing to fight for you.
  • Dedicated & Driven
    We treat each case as though it is going to go to trial to ensure that you obtain the compensation you deserve.
  • Communication
    We communicate regularly to ensure you understand every step of your case. You will have direct access to your attorney.
  • Personable Touch
    We genuinely care about you and strive to ease your pain. It is our goal to reduce the stress of an already difficult situation.

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