Atlanta Wrongful Death Lawyer
The loss of a loved one is never easy. It is often layered with varying levels of grief and emotional trauma. When that loss results from someone else’s negligence or misconduct, the grief can be especially painful.
At Weatherby Law Firm, we understand the profound impact of such losses. Our compassionate Atlanta wrongful death lawyers are here to guide you through this difficult time, offering meaningful support and legal advocacy. We’re not just attorneys; we’re dedicated family advocates seeking justice and closure for those grieving over the loss of a loved one.
From navigating complex Georgia laws to confronting insurance companies, Weatherby Law Firm is ready to fight for your rights. We’ll work tirelessly to secure the compensation you deserve, allowing you to focus on honoring your loved one’s memory.
Don’t face this challenging journey alone. With Weatherby Law Firm by your side, you have a powerful ally in the pursuit of justice and accountability for the loss of your loved one.
“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
What is a Wrongful Death Lawsuit?
In the state of Georgia, a wrongful death is legally classified as the death of an individual as a result of someone else’s negligence, misconduct, or reckless behavior. Whether because of medical malpractice, a workplace accident, a fatal car crash, or other circumstances, wrongful deaths leave families struggling with emotional trauma and financial uncertainty.
Unlike personal injury cases, where the victims themselves pursue compensation for their injuries, wrongful death cases empower the relatives of deceased victims to seek compensation. These cases are typically worth more than personal injury cases because of the impact of the loss on relationships and the burden of expenses related to funeral costs. A focused wrongful death attorney like Weatherby Law knows how to quantify these losses and articulate them within the framework of legal claims, awarding victims the maximum compensation they’re legally owed.
Common Causes of Wrongful Death in Atlanta
- Car accidents
- Motorcycle accidents
- Truck accidents
- Medical malpractice
- Workplace accidents
- Nursing home abuse
- Defective products
Who Can File a Wrongful Death Claim in Georgia?
According to Georgia Law, the deceased victim’s spouse has the first right to pursue a wrongful death lawsuit. If there is no surviving spouse, then the children of the deceased have the next right to file a claim for the accident that caused their parent’s death. In situations where there are no surviving children or spouses, the deceased victim’s parents may file a wrongful death claim.
If no spouses, children, or parents are living at the time of the victim’s death, then the administrator or executor of their estate can bring the claim.
Compensation in Wrongful Death Cases
In Georgia, wrongful death victims’ relatives are entitled to three types of recoverable losses: economic, non-economic, and punitive damages.
Economic Damages
Economic damages seek to recover the “full value of the life of the decedent.” They typically represent things like lost income, medical expenses, and funeral costs. When seeking compensation for economic damages, a thorough accidental death lawyer will also consider the victim’s contribution to the household, consulting with third-party experts to calculate and translate these contributions into your claim settlement.
Non-Economic Damages
Non-economic damages deal with the impact on your enjoyment of life due to the loss of companionship. While harder to quantify than economic damages, non-economic damages take into account the deceased’s relationship with family, friends, and the communities to which they belonged. These types of damages also account for the pain and suffering the deceased victim may have experienced before their death.
Punitive Damages
In certain cases where there was a wilful wrongdoing that resulted in death, your wrongful death attorney may seek punitive damages. Punitive damages aren’t awarded to compensate victims for their loss; rather, they’re intended to deter future wrongdoing from the defendant.
The Legal Process of a Wrongful Death Claim
The first step towards justice begins with a case evaluation from an Atlanta wrongful death lawyer. This initial consultation is your opportunity to learn more about the team that will potentially advocate for the compensation you deserve to properly honor the memory of your lost family member. This is also your lawyer’s opportunity to learn more about you and the circumstances surrounding the accident that led to the death of a loved one.
When you partner with Weatherby Law, you’ll learn quickly how hard we fight to help those who experienced unexpected loss. If you’ve lost a loved one in an accident caused by someone else’s negligence, we will help you gather evidence related to the accident that caused the death. This evidence includes things like police reports, witness statements, photos and videos, and medical records. We preserve these items before they get erased or misplaced, ensuring that the evidence we’ve collected demonstrates the full extent of your loss.
At Weatherby Law, we’ll make sure you don’t miss any deadlines along the path to justice. Georgia’s statute of limitations confines the amount of time you have to file a lawsuit for a fatal accident to 2 years. Factors may arise that can shorten or lengthen this timeline, so we’ll make sure to communicate these with you and file all necessary paperwork on time so you don’t risk forfeiting your rights for a fair settlement.
We will also guide you through communications with insurance companies and opposing counsel, ensuring you don’t inadvertently say anything that could harm your case. Well-prepared wrongful death attorneys like Weatherby Law know how to negotiate with these entities that would otherwise minimize your compensation in an accidental death claim.
If, after negotiations with your insurance company, a fair settlement can’t be reached, your case may go to trial and Weatherby Law will represent you in court.
Why Choose Weatherby Law Firm for Your Wrongful Death Case
At Weatherby Law Firm, we’re selective about the cases we handle. When choosing who to call for help after you’ve lost a loved one, you should be selective too.
Our success is a testament to our expertise and personalized approach. Our team of Atlanta wrongful death lawyers has decades of combined experience, having recovered millions for our clients. This includes a $27,000,000 verdict in a wrongful death case — one of the largest verdicts in Georgia’s history.
At Weatherby Law, we understand the basic human need to honor those we’ve lost. We also know how a wrongful death can impact those who rely on the decedent for financial support or companionship. For this reason, we work hard to award our clients the compensation they need to heal from a loss. In fact, we work on a contingency fee structure, which means you don’t pay us for our services unless we earn you a favorable verdict in your case.
“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
“I’m very grateful for Alex Weatherby and the rest of the team with whom I worked to get a lawsuit settled-finally! The professionalism with which they presented all options, walked me through the process, and dealt with the other parties concerned really instilled confidence and trust in the firm and ended in a settlement that I am thrilled with. Thanks to you all 100% satisfied and have — and will — refer friends, clients, and family to Weatherby Law Firm when needed.”
— Shari
“Alex and his entire Atlanta team are capable and dedicated attorneys who handle the most serious cases with compassion and dedication. I recommend them to anyone who needs representation related to serious injuries.”
— Chad
Frequently Asked Questions
How long does a wrongful death lawsuit take?
The duration of a wrongful death lawsuit can vary significantly, often taking several months to years to resolve due to the extent of the loss experienced. Complex cases may extend even longer. The process involves numerous time-consuming steps, including:
- Appointing a wrongful death attorney
- Gathering crucial evidence
- Filing the claim with insurance companies and demanding a settlement
- Filing a formal legal complaint
- Conducting discovery meetings to obtain evidence from opposing counsel
- Interviewing eyewitnesses and third-party experts
- Attempting resolution through mediation
- Going to trial if necessary
- Potential appeals
While your wrongful death lawyer will work hard to expedite the process, each step requires careful attention to ensure the best possible outcome for your case. The timeline can be influenced by factors such as case complexity, court schedules, and the willingness of involved parties to negotiate. A skilled Atlanta wrongful death lawyer will handle all these steps as efficiently as possible to move your case forward.
What if the deceased didn’t have a will?
Compensation distribution can be complex, especially in wrongful death cases involving multiple beneficiaries, unique family situations, or instances where the deceased didn’t have a will. Georgia’s intestacy laws outline how compensation is divided among surviving family members when there is no will. A well-read Atlanta wrongful death lawyer can help navigate these legal requirements and ensure the fair distribution of any compensation awarded.
How much does it cost to hire a wrongful death attorney?
At Weatherby Law, our services are free unless we win. We work on a contingency fee basis, which means that there is no fee unless we recover something for you in your wrongful death case. At that point, an agreed-upon percentage goes to the firm.
Can multiple parties be held responsible for wrongful death?
In situations like a fatal truck accident, where the truck driver, their employer, or the truck manufacturer could share responsibility for the accident that led to your loved one’s death, multiple parties can legally be held liable for wrongful death.
To establish responsibility, plaintiffs must prove four key elements for each party:
- Negligence
- Breach of duty
- Causation
- Damages
Each responsible party may be held liable to the extent of their contribution to the wrongful death. An experienced wrongful death attorney can help identify all potentially responsible parties and build a case against each one based on the available evidence.
What is the difference between civil and criminal cases in wrongful death?
Civil and criminal cases in wrongful death situations differ in several key aspects:
- Civil Wrongful Death Cases:
- Filed by the deceased’s family or estate
- Aim to hold the responsible party financially accountable
- Can result in monetary compensation for the family
- Based on deliberate or negligent actions
- Lower burden of proof (“preponderance of evidence”)
- Criminal Homicide Cases:
- Filed by the state against the accused
- Aim to hold the defendant criminally accountable
- Can result in prison time or other criminal penalties
- Based on unlawful acts like murder or manslaughter
- Higher burden of proof (“beyond reasonable doubt”)
Both civil and criminal cases can arise from the same incident. The outcomes of these cases are independent of each other, meaning a person could be found not guilty in a criminal case but still be held liable in a civil wrongful death lawsuit.
Get a Free Consultation with a Wrongful Death Lawyer in Atlanta
Have you lost someone you love due to a wrongful death in Atlanta? Let’s talk about your experience over coffee and explore your legal options together. Timely legal action will help you secure the financial compensation needed to properly honor your lost spouse or relative. The burden of your loss is too difficult to carry alone. Weatherby Law can help.
Your road to justice starts with a free case evaluation at Weatherby Law.