Atlanta Wrongful Death Lawyer

Who Can Sue for Wrongful Death in Georgia?

Georgia law dictates that immediate family members including the surviving spouse, children, or parents of the deceased can file a wrongful death claim on behalf of the deceased. Also, a representative of the estate acting on behalf of the family, such as an executor, or a wrongful death lawyer, can bring a claim forward.

Timeline to File a Wrongful Death Claim

If you have suffered the loss of a loved one and you wish to pursue a wrongful death lawsuit, you must adhere to Georgia law statute of limitations. In most cases, Georgia law states that wrongful death claims must be filed within two years from the date of the victim’s death.

It’s important to note that the two-year timeline can be suspended in certain circumstances, including if the death was a result of a crime, or when the deceased person’s estate had not been probated. It may be best to seek a free legal consultation from a wrongful death lawyer to see if you can still file a wrongful death claim in Georgia.

Types of Wrongful Death Compensation

Georgia’s wrongful death law has been referred to as the “noblest statute in Georgia.” It places a high value on life. In Georgia, where a person or entity takes a person’s life, the party at fault must pay “the full value of the life.”

Economic Damages Recovered in a Wrongful Death Claim

When establishing economic damages, plaintiffs should work with an experienced wrongful death attorney that can present the family’s financial loss on verifiable data with the support of expert witnesses. Wrongful death compensation includes many different types of financial losses the family suffered due to the victim’s death. A wrongful death lawyer can help you and your family qualify for the maximum amount of economic recompense.

There are a variety of factors that can affect the damages awarded or settlement offered in your wrongful death case, including:

• Funeral and burial costs
• Lost wages
• Lost benefits, such as a pension, social security income, or health insurance
• Medical bills and expenses

Non-Economic Damages Recovered in a Wrongful Death Claim

Establishing a monetary amount for a loved one’s death is impossible. However, a wrongful death lawyer can present to a judge and jury the extent of desolation, emotional distress, pain and suffering, and inconvenience the family must endure due to their loss. A wrongful death attorney will help you through this traumatic time and ensure that you’re taken care of in court.

Additionally, the jury may award the plaintiff punitive damages. These are designed to punish the defendant for particularly egregious or heinous behavior and serve as a deterrent for future actions. An Atlanta wrongful death lawyer can help you and your family get the justice you deserve by helping to file a wrongful death claim and by representing you in court.

Why You Need an Atlanta Wrongful Death Attorney

Fighting against insurance companies and corporations to get justice is challenging – especially so when you’re experiencing the pain of a loved one’s death. These institutions will do whatever it takes to avoid paying out a fair settlement. Having an experienced Atlanta wrongful death lawyer who can investigate the case, examine and cross-examine witnesses, and fight for justice is necessary to secure a more favorable outcome.

Proving Negligence or Malice in a Wrongful Death Lawsuit

A wrongful death lawsuit can be particularly challenging because there are three criteria that must be met for a jury to award damages:

• Duty of Care refers to the behavior that should have been followed. For example, a driver has the duty of care to be sober and drive in accordance with the law or a doctor has the duty to provide reasonable action to care for a patient.

• Failure to Attend Duty of Care means that there must be clear proof that the defendant failed to act in a way to prevent or avoid injury. For example, a doctor who failed to read a patient’s history and missed an allergy, then exposed the patient to the allergen would be committing a breach of duty.
• Death Caused By Failure to Attend Duty of Care means that the individual died specifically because the defendant failed to attend the duty of care.

The evidence presented to the jury should prove that the wrongful death claim falls within all three categories of negligent actions. An Atlanta wrongful death lawyer will work with you to find evidence and support your wrongful death claim so you get the maximum amount of recovered damages that you’re entitled to.

Choose the Trusted Atlanta Wrongful Death Lawyers at the Fitzpatrick Firm, LLC

When it comes to wrongful death cases, it’s important to have an experienced, passionate attorney on your side who can help you navigate the complexities of your case. While we strive to settle cases out of court in order to get compensation to our clients quickly, we won’t back down and aren’t afraid to litigate the case in front of a jury. Just as important as fighting for you, we’re also here to serve you. We are dedicated to being there for you during this traumatizing time and will advise you and guide you through the process of recovery.