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 wrongful 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. If you are searching for an Atlanta wrongful death attorney, having dedicated counsel on your side is critical.

What Is Wrongful Death?

A wrongful death is defined as the loss of a life as a result of another person’s or 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 in Atlanta can be complex and require detailed evidence and testimonies to establish liability. Working with a wrongful death lawyer in Atlanta who has experience handling these claims can significantly improve the chances of a successful outcome.

In Atlanta, wrongful death cases often involve legal procedures specific to Georgia law. Families starting the claims process should be prepared for tasks such as gathering local police reports, collecting medical evidence, and managing court proceedings at the Fulton County Courthouse, the main legal venue for civil cases in the city. Additionally, local ordinances or city regulations may impact how claims are evaluated, particularly if the incident occurred on public property or involved a government agency. By working with an Atlanta wrongful death attorney familiar with the court system and relevant statutes, families are better positioned to address these nuances and move forward with their case. Knowing your legal options empowers you to make informed decisions for your family's financial and emotional recovery.

Common causes of wrongful death include:

Losing a loved one due to negligence is devastating —Contact Us today to speak with an Atlanta wrongful death lawyer who will guide your family through every step with care and clarity.

The Wrongful Death Claim Process in Atlanta, GA

Navigating a wrongful death claim in Atlanta involves several important steps that families should understand before taking action. After the initial loss, it’s crucial to promptly secure relevant documents, such as Fulton County death certificates and any police or accident reports from the Atlanta Police Department. Working with an Atlanta wrongful death attorney, families will begin gathering evidence including medical records and witness statements. Most claims require a thorough review of Georgia’s wrongful death laws, and your attorney will help determine who is eligible to file. Filing the initial complaint in the superior court—often the Fulton County Courthouse—marks the start of the formal process. Throughout these proceedings, your legal team will work closely with you, answer your questions, and provide regular updates so your family remains informed and empowered at every stage.

An experienced Atlanta wrongful death lawyer will handle negotiations with insurance companies and opposing parties, seeking a resolution that addresses all of your family’s needs. If settlement is not possible, your case may proceed to trial, where local procedures and judges in Atlanta play a significant role. Transparent communication from your legal team is essential to minimizing uncertainty and helping you make well-informed decisions. At The Fowler Firm, we ensure our clients have direct access to their wrongful death attorneys, so they always have someone to turn to during this challenging process.

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 distinct claims against a person or corporation who negligently caused a death. The family may choose to pursue one or both claims depending on the specific circumstances. Understanding these options is crucial to ensure the family makes fully informed decisions in their best interests. Engaging knowledgeable legal counsel can provide essential guidance throughout the claims process, maximizing the potential for a favorable outcome with an Atlanta wrongful death attorney.

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. This claim is based on both tangible (economic) and intangible aspects of the individual's life. Tangible factors may include the decedent’s earning potential and contributions to their family's financial status, while intangible factors reflect the person’s role in family dynamics and community contributions. Valuing a wrongful death claim involves complex calculations and considerations, requiring professional legal insight to ensure all aspects are addressed.

When determining the tangible value of the decedent's life, a jury will consider several key 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
  • Support and companionship

Factors such as quality of life, relationships, activities, lifetime income, and future benefits are included in the valuation of a deceased individual’s life. The in-depth analysis required highlights the need for a skilled legal team who can effectively communicate these considerations in court to secure a fair judgment.

Atlanta juries, seated at the Fulton County Courthouse, often review evidence that reflects the deceased individual's involvement in the community, their reputation, and the unique relationships they fostered throughout the Metro Atlanta area. These local details can be powerful in illustrating the full extent of a family’s loss in a wrongful death claim, influencing how damages may be calculated and awarded. Working with an Atlanta wrongful death lawyer ensures the family’s narrative is presented authentically and persuasively based on community values.

This claim belongs to the deceased individual’s survivors, which is defined by Georgia law as typically including a spouse, child, parent, 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 to get the help needed.

Understanding Contingency Fees & Costs in Atlanta Wrongful Death Cases

One of the most common concerns for families after a wrongful death is how to afford legal representation. At The Fowler Firm, our Atlanta wrongful death attorneys handle these cases on a contingency fee basis—meaning you owe nothing upfront. We only collect a fee if compensation is successfully recovered on your behalf.

This structure ensures that financial hardship never prevents families from pursuing justice. During the initial consultation, our attorneys provide a clear explanation of how contingency fees work, including the agreed-upon percentage and any case-related expenses such as filing fees, medical records, or expert testimony. Transparency is a core value of our practice, and we make sure every client understands costs before signing an agreement.

Additional expenses may vary depending on the complexity of the case and documentation needed from local Atlanta courts or agencies. Whenever possible, The Fowler Firm advances these costs for our clients to minimize stress during an already difficult time. If your case is not successful, you do not owe attorney fees—ensuring you can seek justice without financial risk.

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, as well as medical and funeral expenses. This is the claim that the deceased would have brought if they had survived. Understanding survival actions can be complex, as they involve the representation of the decedent’s legal interests, adding another layer to the pursuit of justice.

These actions in Atlanta are generally filed in the county where the deceased resided or where the incident occurred, adding geographical specificity to the legal process. Executors working with Atlanta-based wrongful death attorneys are guided through local probate requirements and court procedures unique to Fulton County and surrounding areas. Successfully asserting a survival action requires familiarity with Georgia statutes and local court practices, making it essential to work with legal teams who regularly handle such cases in metro Atlanta.

The estate acts in place of the deceased. Punitive damages, which act as a punishment for particularly egregious conduct, may also be awarded in a survival action if the responsible party broke the law during the act of wrongful death. These damages serve as a deterrent, preventing similar future harm by illustrating the serious consequences of negligent or intentional misconduct. Working with an Atlanta wrongful death lawyer is crucial for navigating these complex claims and securing fair compensation where possible.

What to Expect in Atlanta Courts & Local Proceedings

When pursuing a wrongful death claim in Atlanta, understanding the local court system is essential for setting expectations and minimizing surprises during your case. Lawsuits are usually filed in the Fulton County Superior Court or another county courthouse, depending on where the incident occurred or where the surviving family members live. Early in the process, families may be asked to attend mediation sessions or court-ordered settlement conferences, both of which are common in Georgia civil proceedings and aim to encourage negotiation or early resolution before a trial. The Fowler Firm routinely guides clients through these critical steps, preparing them for court appearances and explaining what to expect from local judges and staff.

Atlanta’s courts emphasize timely filings and compliance with procedural rules, which can affect both the progress and the success of a wrongful death case. For example, documentation and discovery deadlines set by the Fulton County Civil Division must be met precisely, or the case could face dismissal or delay. At The Fowler Firm, our legal team’s deep familiarity with Atlanta court requirements streamlines our clients’ experiences, ensuring all filings are in compliance and your case is presented as effectively as possible in local proceedings. Our commitment to direct and open communication means you’ll always know where your case stands throughout the Atlanta court process.

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 vital to understand the local resources and common challenges that families encounter. The City of Atlanta and Fulton County offer support services, but navigating these can be overwhelming during difficult times. Government entities like the Fulton County Probate Court or the Atlanta Police Department provide essential documentation and guidance, though knowing where to begin can be daunting. Working with an experienced wrongful death attorney in Atlanta allows families to focus on healing while legal professionals pursue complex logistics and documentation on their behalf.

Many Atlanta families also face challenges related to insurance company negotiations, local statutes, and procedural deadlines, which differ across Georgia’s various courts. Because Atlanta is the state’s largest city and home to a busy court system, timely access to records and responsive communication with government offices may impact the pace of a wrongful death case. Attorneys who understand the Atlanta legal landscape can anticipate common issues, helping families navigate smoothly through the system and reduce additional stress. Utilizing community resources, victim advocacy groups, and city counseling services can further assist families in coping with loss and planning for the future.

One of the greatest challenges for Atlanta residents is the complexity of filing a wrongful death claim under Georgia law. The process involves multiple steps—gathering evidence, managing insurance negotiations, and meeting court deadlines. Atlanta’s heavy traffic and high volume of vehicle collisions also contribute to a significant number of wrongful death cases, especially along major routes like I-20, I-75, and I-285. Working with an Atlanta wrongful death attorney who understands these local dynamics gives families a clear advantage and peace of mind, knowing that their claim is being handled with compassion, precision, and deep knowledge of the city’s legal landscape.

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.

Hear From Our Happy Clients

At The Fowler Firm, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

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