Atlanta Wrongful Death Lawyer

Wrongful Death Attorney in Atlanta

Atlanta is the busiest city in Georgia and one of the biggest business centers on the East Coast. Home to one of the United States’ largest airports and corporate headquarters for many major companies like the Coca-Cola Company, there are a great many safety hazards facing locals and visitors alike. When a fatal injury happens unexpectedly, an experienced Atlanta wrongful death lawyer can be a crucial asset for your family.

Your Atlanta personal injury lawyer at Barnes Law Group can provide several important legal services to you and your family during this difficult time. Former Georgia Governor Roy Barnes leads a team of attorneys with more than 50 years of experience representing clients in all types of civil cases in Atlanta and surrounding areas of Georgia. We are confident we can provide the compassionate legal counsel you need to approach your case with confidence.

Why You Need an Atlanta Wrongful Death Lawyer

If another party caused your family member’s death, do not make the mistake of assuming a wrongful death suit will be a straightforward affair you can handle on your own. If you intend to file a wrongful death case in Atlanta, there are various procedural rules you must follow, court filing deadlines you must meet, and this case will require careful attention to detail to have the greatest chance of success.

Losing a loved one unexpectedly is always difficult, and it can be extremely frustrating to realize that another party’s negligence or misconduct caused their death. These cases entail a strong mix of emotions that can make it difficult to remain focused on objective legal issues, so hiring an attorney can be an invaluable source of support throughout these difficult proceedings.

Your Atlanta wrongful death lawyer can build your case on a strong foundation of solid evidence, witness testimony, and even input from expert witnesses as your case requires. In every case we accept, our goal is to help our client resolve their case efficiently and secure maximum compensation for their damages. Money cannot replace your lost loved one, but a successful case can ensure accountability for the defendant and compensation for financial losses.

Ultimately, you have the greatest chance of not only winning a wrongful death suit in Atlanta but also of maximizing your total compensation if you have the right attorney representing you. Your Atlanta wrongful death lawyer at Barnes Law Group can build an effective case for you, ensure you meet all filing deadlines with the court, and accurately determine the full scope of the damages you can claim from the defendant.

Proving Liability for Wrongful Death in Atlanta

A wrongful death case is a type of personal injury case filed by the surviving family of the victim. The purpose of this case is to hold the defendant accountable for the family’s losses resulting from the death. It’s possible for wrongful deaths to happen in many ways, and some of the most commonly reported causes of fatal personal injuries in Atlanta include motor vehicle accidents, medical malpractice, and defective products.

Motor vehicle accidents are a leading cause of accidental death in Georgia and throughout the United States each year. The Georgia Governor’s Office of Highway Safety reported 1,615 traffic fatalities throughout the state in 2023. According to the Centers for Disease Control and Prevention (CDC), motor vehicle accidents are the third leading cause of death in the United States each year, and there were 44,534 accident fatalities across the country in 2022.

If you believe your family member’s death resulted from the actions of another party, it is crucial to speak with an Atlanta wrongful death lawyer at your first opportunity. The evidence you may need to hold the defendant accountable may only be available for you to collect for a short time. Your attorney can gather this evidence for you to build the foundation of your case, and once you have determined fault, your attorney can help you file your case on time.

The evidence you will need to prove fault will vary based on the manner in which the victim died. For example, you will need very different forms of evidence to prove liability for a fatal car accident than you would to prove liability for a fatal injury caused by a defective product. When a death resulted from negligence, the plaintiff must prove that the defendant failed to act with reasonable care in a manner that directly caused the death.

If your family member died because of an illegal act, such as intoxicated driving or an intentional act of violence, the state will handle prosecution of the defendant for breaking the law, but you will need to file a wrongful death suit to hold the defendant accountable for your family’s damages and any damages they may have caused to the deceased’s estate. Your attorney can explain how such variables are likely to influence your case.

Claiming Compensation for Damages in a Wrongful Death Suit

The purpose of a personal injury case is to hold the defendant accountable for the harm they have done to the plaintiff and for the plaintiff to recover the compensation they need to be as whole as possible again. In a wrongful death suit, the surviving family of the victim seeks compensation for the losses they have suffered because of the death:

• The family has the right to seek compensation for the lost financial support the deceased provided, as well as the future financial support they likely could have provided in the future had they survived. Your attorney can help you calculate these losses based on the victim’s age, their income at the time of their death, and how long they would have likely been able to continue working if they had survived.
• The family may also claim compensation for the lost value of household services and childcare that the victim provided. For example, if a parent dies, their surviving spouse may need to pay for childcare services and face a greater burden of household expenses due to the victim’s death.
• Plaintiffs in wrongful death cases can claim compensation for funeral and burial expenses. The family will likely need to arrange the funeral and burial prior to the completion of the wrongful death suit, so whoever covers these expenses can be reimbursed through a successful wrongful death suit.
• It is possible for the family of the deceased to seek compensation for damages to the deceased’s estate, such as the cost of the victim’s final medical treatment prior to their death, or the value of a vehicle lost in a fatal accident. These damages are typically sought with survival actions.
• As part of the survival action, the estate may also claim compensation for the decedent’s pain and suffering. Your Atlanta wrongful death lawyer can help you determine a suitable amount to seek from the defendant and maximize this aspect of your case award. A spouse can claim loss of consortium, and surviving children can be compensated for loss of parental companionship.

In some cases, defendants may also be required to pay punitive damages to the victim’s family due to the manner in which they caused the death. This usually comes into play in cases involving wrongful deaths resulting from intentional violence, intoxicated driving, and other intentional and illegal acts. Your attorney can explain what to expect if any such variables are present in your case.

It is also possible for the family of the victim to have grounds to file a survival action, which is a specific type of claim filed on behalf of the victim seeking compensation for the damages they could have sought in a personal injury suit had they survived. For example, if the victim did not die immediately from the defendant’s actions and languished in the hospital until their death, the family could seek compensation for the victim’s pain and suffering with a survival action.

Understanding Eligibility to File Wrongful Death Suits in Georgia

Under Georgia’s wrongful death statutes, only certain parties are eligible to file wrongful death cases. First in line with the right to file a wrongful death suit would be the surviving spouse of the victim, and next would be any surviving children of the victim. If no surviving spouse or child can file the claim, then the deceased’s parents would be eligible to act as plaintiffs. Finally, if no spouse, children, or parents can file a claim, then the estate executor can act as the plaintiff.

If an estate executor files a wrongful death suit and wins, any proceeds from the successful suit will be held in the estate for the benefit of the next of kin of the deceased. If you or any member of your family is eligible to act as a plaintiff in a wrongful death suit, the team at Barnes Law Group can work closely with you to help you understand every aspect of the case so you can approach these proceedings with confidence.

Resolving Your Wrongful Death Suit in Atlanta

Once you have built a comprehensive wrongful death suit, established liability for your family member’s death, and proven the full extent of the damages you are claiming from the defendant, it is possible for your wrongful death case to proceed to litigation or settlement negotiations. The vast majority of personal injury cases filed in the United States end in pretrial settlement, as this is much faster and allows both parties more influence over the outcome.

During settlement negotiations, your Atlanta wrongful death lawyer can negotiate for you with the defendant and their attorney. Generally, as long as both parties are willing to compromise on mutually agreeable terms, it is possible to settle a wrongful death case more quickly than you could expect to see results from litigation. If litigation is unavoidable for any reason, it could take several months or even longer than a year to resolve.

When a wrongful death case is resolved through litigation, both the plaintiff and the defendant will have the opportunity to enter evidence, witness testimony, and arguments into the court record. Prior to the beginning of their courtroom proceedings, both parties must engage in the discovery process, which is the sharing of evidence and witness testimony by both parties. The court will have the final say when it comes to the defendant’s liability.

What to Expect From Your Atlanta Wrongful Death Lawyer

The right attorney can be an invaluable asset for every step of a wrongful death case in Atlanta. Barnes Law Group has decades of experience fighting on behalf of clients in a wide range of personal injury cases, including wrongful death suits. As soon as you hire our firm to represent you and your family, we can begin gathering the evidence you need to prove fault and calculating the total damages you are eligible to claim from the defendant.

We can explain any key variables present in your case and how they could impact your recovery. For example, if the defendant broke the law in causing the victim’s death, we can explain how a criminal case from the state against the defendant could influence your civil court proceedings and whether this could lead to additional compensation in the form of punitive damages.

If you must file a wrongful death suit for a defective product injury against a manufacturer, we can help you feel more confident confronting a large corporation that likely has a robust in-house legal department. Success with a product liability claim requires proving that the product is unreasonably dangerous and/or defective and directly caused the death.

If your loved one died due to medical malpractice, there are specific laws in place for filing these cases in Georgia that you must understand. Your attorney can help you gather the evidence needed to prove that the defendant violated the standard of care your loved one required and, in so doing so caused their death.

Barnes Law Group looks forward to helping you navigate these difficult legal proceedings and ensuring accountability for the harm you have suffered. We have skillfully represented many wrongful death suits for clients throughout the Atlanta area and have developed an individually tailored legal strategy to suit each client’s unique needs.

FAQs

Q: How Do You Prove Fault for a Wrongful Death in Atlanta?

A: To prove fault for a wrongful death in Atlanta, you must identify the party you believe caused the death, prove how they caused it, and then show the full scope of the economic and non-economic damages the defendant inflicted. An experienced Atlanta wrongful death lawyer can be a valuable asset for building your case. They will know what evidence you will need to prove liability and hold the defendant accountable.

Q: Will the Defendant Go to Jail for Causing a Wrongful Death?

A: It is possible for the defendant to go to jail for causing a wrongful death based on the manner in which they caused the death. Most wrongful deaths result from negligence, and while this typically leads to civil liability for damages in a wrongful death suit, it will only lead to criminal charges under certain conditions. However, if the defendant caused the death with an intentional, illegal act, they are very likely to face jail time as well as other penalties.

Q: How Long Do You Have to File a Wrongful Death Suit in Georgia?

A: In Georgia, you have two years to file a wrongful death suit, and this statute of limitations begins on the date of the death. This may sound like plenty of time to file your case, but it may take longer than you expect to gather necessary evidence and calculate the full scope of the damages you can claim from the defendant. It is always advisable to consult an attorney and start building your case as quickly as possible after a wrongful death in Georgia.

Q: How Much Compensation Can You Claim for Wrongful Death in Atlanta?

A: The amount of compensation you can claim for wrongful death in Atlanta will depend on several factors. Just like in most other types of personal injury cases, a wrongful death suit enables the plaintiff to seek compensation for economic and non-economic damages. If successful, your wrongful death suit could yield compensation for your family’s economic losses as well as for the pain and suffering they have experienced because of the unexpected death.

Q: What Does It Cost to Hire an Atlanta Wrongful Death Lawyer?

A: The cost to hire an Atlanta wrongful death lawyer will be a contingency fee if you choose Barnes Law Group to represent you. This means there will be no upfront attorneys’ fees from our firm. Instead, we will charge a contingency fee if and when we win your case. Additionally, if our firm is unable to obtain compensation for any reason, you pay nothing.

The team at Barnes Law Group knows how difficult it is to lose a loved one unexpectedly, especially when you know their death resulted from another party’s negligence or intentional misconduct. With our assistance, you can feel more confident about your legal options and have a greater chance of ensuring accountability for the defendant who caused your loved one’s death. Contact us today to schedule a free consultation with an Atlanta wrongful death lawyer.