Filing a Wrongful Death Lawsuit in Atlanta

The unexpected death of a loved one is never an easy thing to accept, and this situation can be even more challenging when you realize their death resulted from another party’s negligence. If you are thinking about filing a wrongful death lawsuit in Atlanta, it is vital to know the process this entails and the value of having an experienced attorney representing you. You have limited time to file this case, so it’s important to consult legal counsel right away.

Filing a Wrongful Death Lawsuit in Atlanta

Atlanta is a major business hub in the southern United States, hosting large corporations like the Coca-Cola Company, Delta Air Lines, and more. Thousands of people travel through the Hartsfield-Jackson Atlanta International Airport every day, and it is possible for all types of fatal injuries to occur in many ways throughout the area. If a loved one recently died due to an act of negligence or intentional misconduct of any kind, it is crucial to consult an attorney you trust.

The Centers for Disease Control and Prevention (CDC) reports that accidental injuries are the third leading cause of death in the United States each year. While not all accidental injuries are the result of negligence, those that are can lead to wrongful death claims. Some of the most commonly reported causes of wrongful deaths in Atlanta include motor vehicle accidents, slip and fall accidents, and medical malpractice.

The Georgia Governor’s Office for Highway Safety reported a total of 1,615 traffic accident fatalities throughout the state in 2023. Many of the wrongful death cases filed in the Atlanta area each year arise due to fatal vehicle accidents, and proving fault for such an accident will be a crucial first step if a family member did not survive. If any other party caused their death, proving fault will be essential for success with a wrongful death case.

Building Your Wrongful Death Case in Atlanta

An experienced attorney can help you gather the evidence you will need to prove fault for your family member’s wrongful death. Various forms of physical and digital evidence can come into play in these cases. You must identify the defendant responsible and prove that their negligence or illegal misconduct directly caused the victim’s death. Once you have established liability, your attorney can help you calculate all of the damages you are eligible to claim.

It’s possible for the family of the victim to seek compensation for damages to the deceased’s estate and other damages the deceased could have claimed if they had survived with a survival action. This type of case can come into play when the victim did not immediately die from the defendant’s actions. A wrongful death case, by comparison, seeks compensation for the losses suffered by the surviving family of the deceased.

If you intend to file a wrongful death suit in Atlanta, you must do so within two years of the date of the victim’s death. This may sound like enough time, but it may take longer than you expect to build the foundation of your case, so it is crucial to start building it with an attorney’s help right away. Hiring an experienced attorney at your first opportunity will significantly increase your chances of success with your wrongful death claim.

Ultimately, one of the most important steps you can take toward filing a wrongful death lawsuit in Atlanta is hiring an experienced attorney. Even if you believe that fault for your loved one’s death is obvious, the actual legal process of ensuring accountability is likely to be far more difficult than you are ready to face on your own. Barnes Law Group can provide the compassionate legal counsel you need in this difficult situation.

FAQs

Q: How Do You Prove Liability in a Wrongful Death Lawsuit?

A: To prove liability in a wrongful death lawsuit, you must identify the party responsible for causing the death, prove how they caused it, and then show the full extent of the damages you and your family suffered. Your Atlanta wrongful death lawyer can gather the evidence you will need to prove liability and hold the correct party accountable for your family member’s death.

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

A: It is possible for a defendant to go to jail for causing a wrongful death if they broke the law in causing the fatal injury. Most wrongful deaths result from negligence, which can lead to civil liability for the damages sustained by the family of the victim. When a wrongful death results from intentional and illegal misconduct, however, the defendant faces criminal prosecution from the state along with liability for civil damages.

Q: How Much Compensation Can You Claim in a Wrongful Death Case?

A: The amount of compensation you can claim in a wrongful death case depends on multiple factors. It’s possible for the family of the victim to recover compensation for funeral and burial expenses, lost financial support, damages to the deceased’s estate, and compensation for their pain and suffering. Your Atlanta wrongful death lawyer can help you accurately assess the full extent of the damages you are eligible to seek in your wrongful death case.

Q: Why Should I Hire an Atlanta Wrongful Death Lawyer?

A: You should hire an Atlanta wrongful death lawyer to ensure the greatest chance of success with this case. Even if your case seems straightforward, the formal legal process of holding a defendant accountable for a fatal personal injury is likely to be more challenging than you expect, and you are more likely to win and more likely to maximize your compensation if you have experienced legal counsel on your side.

The team at Barnes Law Group can help you approach a wrongful death case with confidence, and we trust our team to fight for you through all stages of your case. You have limited time to file a wrongful death case in Georgia, and it is crucial to consult an experienced attorney as quickly as possible after a family member’s wrongful death. Contact us today to schedule a free consultation with our team and learn how we can help.