Atlanta Wrongful Death Lawyer
We specialize in representing families who have lost a loved one in a fatal accidents. We obtained one of the largest wrongful death verdicts in the history of Georgia. We have recovered millions more in wrongful death cases throughout Atlanta. Call us today at 404-994-8609 or submit an online form. We can help you recover for the devastating loss of your family member.
Wrongful death claims in Atlanta can become cumbersome. Therefore, hiring an Atlanta wrongful death attorney can help you navigate through a complex area of law. We have outlined below the necessary steps and details when it comes to filing for a wrongful death claim in Atlanta.
“Professionalism, Quality, Responsiveness, Value”
“I hired the Carr & Weatherby team to represent a wrongful death matter. They represented the case with integrity and unwavering compassion. It was evident that the case really mattered to them.”
MONICA
Here are some things you should know about our wrongful death practice:
We know the rules.
Georgia’s wrongful death cases are controlled by statutes. The statutes determine who has the right to bring a fatal accident claim. The statutes also explain what damages are recoverable and which family members are entitled to them. You need an attorney who knows the wrongful death code forwards and backward. That’s us.
We get results.
We have obtained a $27,000,000+ verdict in a wrongful death case, one of the largest wrongful death verdicts in the history of Georgia. We’ve recovered millions more for our wrongful death clients.
We work quickly.
If you have lost a loved one, it is tough to add the stress of litigation on top of the grieving process. We push the case to the best resolution as fast as possible.
We work for you.
We only represent people who have lost a loved one. We will fight for you and your family.
What is a Wrongful Death Lawsuit?
When a person is killed by acts or omissions of another person, a relative may have the right to recover for the loss of life in a wrongful death claim.
Similar to a personal injury lawsuit, in a wrongful death suit, the relative makes a claim for the injuries and death of the deceased person.
There are key differences, however, than a standard personal injury claim. Here are some example issues that are unique to wrongful death claims:
- Who has the right to bring a wrongful death claim?
- What damages are recoverable?
- How much are wrongful death claims worth?
These and other questions are answered below.
Who has the right to bring an Atlanta Wrongful Death Claim?
One of the most fundamental (and confusing) rules is who is entitled to bring a wrongful death claim in Georgia.
The right to bring a wrongful death claim is governed by three statutes, Statute 1; Statute 2; and Statute 3. These statutes establish the following order of priority:
- A spouse as the first right to bring a wrongful death lawsuit in Georgia;
- If there is no surviving spouse, then the children have the next right to bring a claim for the fatal accident;
- If there is no surviving spouse or children, then the parents of the deceased person may bring the claim for wrongful death; and,
- If no one else can bring the claim, the administrator or executor may bring the claim.
Generally speaking, the executor of the estate will be determined by the decedent’s will. If there is no executor appointed by will, then the probate court may appoint an administrator which usually is the closest relative. There are important exceptions to this rule. For example, a parent that totally abandoned their child may not bring a wrongful death claim. In one case we handled, a father who had no relationship with the child attempted to take the recovery of the wrongful death claim from the child’s mother. We defeated the father in court, ensuring that the mother recovered all of the proceeds.
There are other exceptions too, and our team of accomplished Atlanta wrongful death attorneys can help you navigate these issues.
What damages are recoverable in a Wrongful Death Claim?
The damages recoverable in a fatal accident in Georgia are determined by statute. There are three main types of damages.
First:
The first type of damages recoverable in a wrongful death claim in Georgia is the “full value of the life of the decedent.” In Georgia, the full value of the life of the decedent has two components. An economic part based generally on the person’s monetary contributions. And, the loss of enjoyment in the person’s life through relationships and experiences.
The economic component is more straightforward. It includes a person’s lost wages and contributions around the home. For a stay at home wife or husband, their contributions to the household are recoverable monetarily. We have a pool of experts, including economists, that can calculate this amount for the jury. Their testimony can be quite powerful in showing how much funds.
Second:
The second part, loss of enjoyment of life, is harder to quantify. When representing the family, we focus on the person’s relationships, family, friends, and community, using real-life examples. It creates a powerful presentation and honors the life of the decedent as best as we can.
The second type of damages recoverable in a wrongful death claim in Georgia is pain and suffering. This is the pain and suffering of the person who has passed, as opposed to the suffering that surviving family members may experience. It specifically addresses the pain and suffering that the deceased person experienced before their death.
Third:
The third type of damages recoverable in a Georgia wrongful death claim is the funeral and other expenses incurred. This would include all the expenses necessary to honor the loved one with a ceremony.
Death accidents are among the hardest cases, emotionally, that we work on. We fight for our clients.
How much is a Wrongful Death Lawsuit Worth?
Whenever we deal with a case involving the death of someone, it is an unfortunate reality that the law only offers monetary compensation. Because of that, many of our questions deal with finances, “value,” and “worth” of a wrongful death claim.
It is understandably troubling to folks to talk about life in this manner. At the same time, in order to provide quality advice to our clients, we are required to discuss the potential results in a trial, which are in monetary terms.
A wrongful death settlement
A wrongful death settlement can vary widely in results. A personal injury claim is like a three-legged stool. There must be three legs (liability; causation; and damages) for the claim to stand. In a wrongful death claim, there is clear damages. But, sometimes, there is no liability or causation.
Georgia law
Georgia law is clear that simply because a mere accident, without more, is not sufficient to bring a claim. There must be something that the defendant did that violated an applicable standard of care. For example, an Atlanta truck accident attorney would review whether or not the truck violated a uniform rule of the road.
Rule of the Road
If a rule of the road was not violated and, instead, the decedent caused the accident, then there would not be a recovery in a wrongful death case.
Liability
If there is liability, there must also be causation. In the case of a fatal accident, this means that the accident in question actually caused the death. Preexisting conditions are not typically recoverable. In the case of wrongful death, typically the causation element may be straightforward because the death occurred in close proximity with the accident.
Often there are arguments on both sides of a case, which effect the case’s “value” and resulting settlement. A fatal accident claim can be worth millions of dollars depending on the facts and circumstances of the case.
Atlanta Wrongful Death Attorney FAQ
Is there a time limit on a Wrongful Death Lawsuit?
In general, the time to file a lawsuit for a fatal accident in Georgia is 2 years from the date of the accident. There are many things that can shorten or lengthen this deadline substantially. Therefore, it’s important to talk with an experienced wrongful death law firm, like us, quickly after a fatal accident.
How much will it cost to hire a wrongful death attorney?
It is free unless we win. We work on a contingency fee. This means that there is no fee unless we recover something for you in the case. At that point, an agreed-upon percentage goes to the firm.
When should you hire an attorney for a fatal accident?
Immediately. A wrongful death attorney should be consulted immediately following an accident. There is often evidence that needs to be preserved and may be lost if an attorney does not take steps immediately to preserve it. Once we are contacted, we work to help lighten the burden of folks involved in a fatal accident.
What type of accidents can result in a wrongful death claim?
The most common accidents that result in a wrongful death claim in Georgia are tractor-trailer accidents, car accidents, drunk driving accidents, medical malpractice, and shootings at apartment complexes, convenience stores, or other commercial properties.
Successful Wrongful Death Case Results
Here are some example case results:
We have recovered
millions of dollars
for our injured clients.
This includes a
$27 million verdict
and numerous million dollar settlements.
Contact an Atlanta Wrongful Death Lawyer
We will fight to pursue the maximum compensation available under the law for our clients.