Atlanta Wrongful Death Lawyer
An Atlanta wrongful death lawsuit is crucial in seeking financial compensation and justice for your loss. Learn about the types and reasons for wrongful death cases and how we can help you.
Losing a loved one is always painful, but it’s especially difficult when the loss was caused by someone else’s negligence, recklessness, or malicious intent. Not only are you suffering emotionally, but you may also be struggling with medical and funeral expenses or unable to pay bills due to a loss of income your family relied upon.
When you need a wrongful death attorney in Atlanta to hold responsible parties accountable and fight for fair compensation, The Fitzpatrick Firm has the knowledge, experience, and passion for the justice you deserve.
Understanding Wrongful Death Claims
Wrongful death refers to untimely death caused by careless action, negligence, or even malicious intent. Often, a personal injury case that results in death will be considered a wrongful death case.
A wrongful death action is filed by the surviving spouse, surviving family members, or the heirs of the deceased, or the representative of the estate against the individual, organization, or corporation deemed responsible. However, proving this claim is challenging as it requires proof that the defendant acted in such a way to cause the fatal injury and that it could have been prevented or avoided had they exhibited proper behavior in the situation.
Wrongful death claims can also result from criminal misconduct resulting in a fatal injury. Because civil court cases are considered separate from criminal court, a suit can be brought against the offender even if they were already acquitted of wrongdoing by a jury.
If your wrongful death lawsuit has been acquitted by a jury and you wish to pursue punitive damages in a criminal court, contact an Atlanta wrongful death lawyer. The surviving family members deserve justice and restitution – a wrongful death law firm can help deliver it.
Definition of Wrongful Death
A wrongful death is a type of loss caused by intentional, reckless, negligent, or criminal acts. It refers to a situation where someone close to the deceased person was killed due to negligent or criminal acts.
In the state of Georgia, it’s defined as the death of an individual caused by reckless, negligent, criminal, or intentional action of another party or entity. A wrongful death claim is a civil lawsuit that allows surviving family members to seek compensation for the loss of their loved one.
Common Wrongful Death Lawsuits
Consulting Georgia wrongful death attorneys can aid families in determining liability and pursuing rightful compensation.
A wrongful death lawyer can help you decide whether or not you have grounds to pursue a wrongful death lawsuit. You may have a wrongful death claim if your circumstances surrounding the fatal accident involve:
Car accidents involving drunk drivers
Truck accidents
Medical malpractice
Work-related accidents
Defective products
Assault or other crime resulting in death
Premises liability
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Causes of Wrongful Death
Wrongful death can occur due to various causes, including:
Negligence
Negligent actions are avoidable or preventable accidents that would otherwise not occur if the tortfeasor were acting reasonably.
Intentional
Intentional wrongful actions are typically violent and criminal in nature.
Medical malpractice
Medical malpractice can lead to a wrongful death lawsuit.
Car accidents
Car accidents are one of the most common types of wrongful death lawsuits.
Product liability
Product liability can also lead to a wrongful death lawsuit.
Nursing home abuse
Nursing home abuse can result in a wrongful death lawsuit.
Wrongful Death Law in Georgia
Georgia law governs how the legal system handles wrongful death claims. The state’s Wrongful Death Act was first passed over 100 years ago, and the version has been subject to several major amendments over the years. As of today, the latest Georgia Wrongful Death Act version is coded in the 5 code sections below:
- O.C.G.A. § 51-4-1 “Definitions”
- O.C.G.A. § 51-4-2 “Homicide of spouse or parent; survival of action”
- O.C.G.A. § 51-4-4 “Homicide of a child”
- O.C.G.A. § 51-4-5 “Recovery by administrator or executor of the decedent”
- O.C.G.A. § 19-7-1 “Parental power; recovery for the homicide of child” (Keep keywords: wrongful death, wrongful death claims, georgia law)
Georgia’s Wrongful Death Act
Georgia’s Wrongful Death Act allows surviving family members to file a wrongful death lawsuit against the responsible party. The act defines who can file a wrongful death claim, the types of damages that can be recovered, and the statute of limitations for filing a claim. The act also provides for the distribution of compensation among surviving family members.
Who Can Sue for Wrongful Death in Georgia?
Georgia law dictates that a family member, 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.
Importance of Filing a Claim on Time
It is essential to file a wrongful death claim on time to preserve your right to compensation. In Georgia, the statute of limitations for wrongful death claims is two years from the date of the victim’s death. If the claim is not filed within this timeframe, it may be barred, and the surviving family members may not be able to recover compensation.
An Atlanta wrongful death lawyer can help you navigate the legal process and ensure that your claim is filed on time.
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:
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.
Schedule a Free Consultation with an Atlanta Wrongful Death Lawyer
Wrongful death claims can be complicated, and an experienced wrongful death or personal injury lawyer can explain how the state's laws apply to your case. Call us or fill out the form below for a free case evaluation, a free consultation, or to get started.