Atlanta Wrongful Death Lawyer
Atlanta Wrongful Death Attorney Overview
- Helping Families Seek Justice After Loss
- Defining Wrongful Death in Georgia
- The Hardest Cases Need the Strongest Advocates
- What’s the Difference Between Wrongful Death and Criminal Cases?
- How the Wrongful Death Claim Process Works
- What Is an Estate Claim?
- How Your Lawyer Can Prove Liability for the Loss of Your Loved One
- Contact our Wrongful Death Lawyer in Atlanta Today
Helping Families Seek Justice After Loss
The unexpected loss of a loved one is one of the most traumatic experiences a family can go through. When the death could have been prevented, the loss is that much more devastating. If a negligent party acts in a way that causes you to lose a loved one, you can take legal action. That can involve filing a claim against the negligent party, a company, or a property owner.
It’s the type of claim where support from an experienced wrongful death attorney is essential.
If someone is killed unexpectedly, the family has the right to file a claim in an attempt to hold the alleged guilty party responsible and seek compensation for their loss. These claims can be complicated, and proving the correlation between the accident and death can be difficult. You’ll need a strong team of attorneys to help you navigate the claims process.
If you’ve lost a loved one and you believe their death should have been prevented, the experienced attorneys at Bey & Associates can provide guidance. Our firm can investigate your situation and determine how best to proceed for the benefit of your surviving family.
Defining Wrongful Death in Georgia
Every state has its own definition and laws regarding wrongful death. In Georgia, the state defines it as “the death of a person that was caused by the negligent, reckless, intentional, or criminal acts of another person or entity.” An entity could be an employer, business, doctor, or hospital.
Negligence needs to be proven for the death to be deemed wrongful. In most situations, negligence occurs when the duty to provide reasonable care is ignored, and someone is harmed as a result.
Many families struggle with the idea of taking legal action after their loved one has died because the value of a person’s life can’t be calculated. However, this is essentially the personal injury claim your loved one would have filed had they lived. If the person had survived the accident, they would have been able to take legal action against the negligent party and seek compensation to cover related expenses.
A wrongful death action gives the family the opportunity to file on their loved one’s behalf, so expenses are taken care of, and the wrongdoer is held accountable. Wrongful death settlements can also provide a measure of financial security for the family’s future.
Atlanta Personal Injury Practice Areas
Medical Malpractice
Every time we enter the doors to a hospital, doctor's office, or other medical facility, we expect safe, competent care. When that doesn't happen, you deserve answers.
Car Accidents
A car wreck can change your life in the blink of an eye. If you’ve been seriously injured because of another driver’s negligence, you need help now.
Truck Accidents
Large truck and commercial truck accidents are some of the most devastating accidents we see across the United States and in Georgia.
Wrongful Death
The unexpected loss of a loved one is one of the most traumatic experiences a family can go through. When the death should have been prevented, the loss devastating.
Work Injuries
If you’ve been seriously injured while on the job, you’re likely already aware that your employer doesn’t make providing for your family a simple task.
Nursing Home Abuse
Even if you’re confident you’ve found a safe environment for them, it’s important to remember that there are negligent care facilities that abuse their residents.
What’s the Difference Between Wrongful Death and Criminal Cases?
When someone has passed away because of another person’s actions, you may be wondering what legal action to pursue. For example, you could question which type of court your lawyers will represent your case in.
Wrongful death is a civil case where the family or decedent’s dependents come forward. They’re seeking compensation for the negligent party’s actions that led to the unintentional and preventable loss of their loved one.
A criminal case where someone causes the death of another through a direct act. The state or federal government prosecutes those cases. The intent that led to the death is a factor in determining the severity of a sentence.
Both legal actions have different standards regarding the burden of proof. In a civil suit, the plaintiff needs to show that it’s more probable than not that the defendant’s actions caused the death. To do this, your Atlanta wrongful death lawyer will carefully present the evidence to prove this to the judge or jury.
This isn’t the same for a criminal case. If the jury has a reasonable doubt that the defendant didn’t do what they were accused of, then they could exonerate the defendant. If there isn’t any reasonable doubt that the defendant committed the crime, then the jury can convict.
It is important to note that if you file a wrongful death claim that is tied to a criminal act, you don’t have to wait for the outcome of that case. In other words, don’t need a “guilty” verdict to reach a settlement in your claim.
How the Wrongful Death Claim Process Works
Georgia law dictates who can bring a wrongful death action to court. Your attorney can help you determine who is legally allowed to file. Generally, it begins with the spouse of the deceased person.
If the couple had children who were still minors, the surviving spouse is required to represent the interests of the children in court, as well. No matter how many children there are, the spouse cannot receive less than one-third of the total recovery. If there is no spouse, the adult children are allowed to move forward with the legal process.
As your Atlanta lawyer will tell you, if no surviving spouse or children are available, the claim can be brought forward by the surviving parent or parents of the deceased, or a personal representative of the estate. If the one bringing it forward is a personal representative, any damages will go to the decedent’s next of kin.
To file a successful suit, it’s imperative to be within the statute of limitations, which limits the time survivors or the personal representative have to go to court.
Typically, the claim must be filed within 2 years of the date of death. If this deadline is missed, the court will likely dismiss the legal action without review. If you’re seeking compensation, meet with a lawyer as soon as possible so you don’t risk filing outside of the statute of limitations.
What Is an Estate Claim?
A wrongful death claim is a way that you can recover damages for your deceased loved one and all they suffered from prior to their untimely death. This is brought forward on behalf of your loved one, whereas an estate claim is on your own behalf. You can file an estate claim to recover damages that your family has suffered as a result of your loved one’s death.
When your loved one dies unexpectedly and from someone else’s negligence, they might have incurred costs leading up to and as a result of their passing, but sometimes you can incur costs as well that were a direct result of your loved one’s death. Some of the costs that you can recover are burial costs, medical bills, and pain and suffering.
This way, you can get compensation for what you’ve had to pay for as a result of their death, as well as the costs that piled up for them.
Estate claims are also known as survival actions because they are brought on by the surviving members of the deceased’s family and take action against the party responsible for their loved one’s death.
While you might feel uneasy about taking legal action while still grieving the loss of your family member, it’s important that the negligent party is held responsible for their actions. You shouldn’t have to suffer financially because of an accident.
Getting the right legal help can be a step to healing from your loss and getting your life back to as normal as it can be. Both a wrongful death claim and an estate claim cannot be filed at the same time in Georgia, so you’ll have to determine which would provide you with the best outcome depending on your situation.
Having an experienced Atlanta wrongful death lawyer from our firm on your side will help you decide which claim best suits your situation. That way, you get the compensation that you deserve for the suffering you, your family, and your deceased loved one endured.
How Your Lawyer Can Prove Liability for the Loss of Your Loved One
In order to present a successful case, your legal team will need to conduct a thorough investigation of your loved one’s death. This often starts with examining the accident scene and the police report, if one was made. This will give them an idea of how the incident happened, who was involved, and the circumstances surrounding the accident.
Next, it’s crucial to examine the medical records. A correlation can be drawn between how the accident happened, what injuries were sustained, and why the injuries were fatal. After the investigation is complete, we can start compiling the evidence to show your loved one’s death could have been prevented.
There are often four elements that need to be present for success to be the end result:
- Duty. Proof that the negligent party owed the deceased a duty of care. For example, if a car accident in Atlanta was the incident that caused the death, the driver would have owed it to your loved one and all the other drivers on the road to drive in a responsible manner.
- Breach of duty. Second, it needs to be proven that the duty was breached. If the negligent party was driving while texting or speeding through a traffic light when they collided with the decedent, it can be proven that they breached their duty of care.
- Injuries. The third element involves proving that the breach of duty caused the injuries. To show this, your attorney can consult your loved one’s medical records. These will detail the extent of your loved one’s injuries and show how the injuries affected them.
- Damages. Finally, it must be shown that the deceased suffered damages. When a case involves a death, damages are often presumed to exist.
If a doctor made a mistake that cost your loved one their life, an expert can testify that the doctor acted negligently. Together, these elements can often show how the accident caused the injuries that resulted in death.
Your lawyer will fight for you and your family to recover full and fair compensation.
Find the Help You Need Near You
With locations from coast to coast, it’s easy to get support in your area. Choose your location, reach out, and we’ll take it from there.