Georgia Wrongful Death Lawyer
SERIOUS CASES. SERIOUS TRIAL LAWYERS. SERIOUS RESULTS.
$
6.2
MILLION
Brain Injury
$
6.1
MILLION
Spinal Cord Injury
$
5.5
MILLION
Cervical Injury
$
3.5
MILLION
Wrongful Death
$
2.8
MILLION
Spinal Cord Injury
VIEW MORE
Looking for Georgia wrongful death attorneys with exceptional expertise?
If someone you love passed away due to another person’s negligence, it is natural to feel unsure of what to do or where to turn. In Georgia, you have the right to take legal action against any party that acted negligently and caused the death of a loved one. A successful legal claim can help you recover the compensation you need for the funeral and burial expenses you incur, as well as other losses.
Wrongful death claims, though, are extremely complicated and there are many laws that will affect your case. Below, our Georgia wrongful death attorney explains what these are and how you can claim the full settlement your family deserves.
What is Wrongful Death in Georgia?
Under the law in Georgia, a wrongful death occurs when one person acts negligently, recklessly, or carelessly and causes the death of another person. Georgia’s Wrongful Death Act also allows family members of the deceased to file a claim for financial compensation. Tragically, there are many different types of accidents that can result in wrongful death. The most common of these include:
- Medical malpractice
- Nursing home abuse and neglect
- Motor vehicle accidents
- Product liability
- Premises liability
- Construction site accidents
- Car accidents
If you have lost a loved one but are unsure if you have a valid claim, it is important to speak to our Georgia wrongful death lawyer. We offer free consultations and can help you determine if you have a case free of charge.
WHAT CONSTITUTES A WRONGFUL DEATH CLAIM IN GEORGIA?
To pursue such a suit successfully, it’s essential to establish duty, breach of duty, and causation, demonstrating tangible damages. A wrongful death lawyer will then provide evidence, such as outstanding medical expenses, funeral costs, and unforeseen financial burdens on the deceased’s relatives.
We understand the details of the law are often the furthest thing from your mind after your tragedy. That’s why we make this conversation as easy and comfortable as possible.
Determining Liability for a Wrongful Death in Georgia
Anyone who negligently causes a death can be held liable for a wrongful death in Georgia. Some of the most common liable parties in these cases are as follows:
- Healthcare providers
- Pharmaceutical companies
- Drivers
- Trucking companies
- Manufacturers and distributors of auto parts
As is any other type of personal injury claim, determining who is liable for a wrongful death is never easy. For example, if your family member died in a car accident, the liable party may not even be present at the scene. If a faulty auto part caused the death, the manufacturer of that part is liable. An attorney will conduct a full investigation to determine who is to blame.
The Statute of Limitations in Wrongful Death Claims
After losing a loved one, you only have a limited amount of time to file a wrongful death claim. This time limit is known as the statute of limitations. In Georgia, as throughout the rest of Georgia, you generally have only two years from the date of the death to file your claim. There are circumstances that can extend or shorten this time limit. For example, if medical malpractice caused the death, you may have as little as one year or up to five years to file your claim.
Additionally, if your loved one’s will has not gone through the probate process, the statute of limitations on a wrongful death claim is extended up to five years. Unlike in other states, Georgia has expressly refused to apply the discovery rule to wrongful death claims. This means that even if you did not discover that another person’s negligence caused the death until after your loved one passed away, you still just have two years from the date of the death to file your claim.
Regardless of the statute of limitations that applies to your claim, if you do not file before that time limit expires, you will forfeit your right to any compensation at all. For this reason, it is critical that you speak to a Georgia wrongful death lawyer as soon as possible after your claim.
IMPORTANT INFORMATION
Our wrongful death lawyers will, of course, answer all of your questions at your free legal consultation. However, it’s always a good idea to come to your meeting with a clear sense of the law and its implications for your tragic situation.
Here are some important things to understand about wrongful death law:
- All lives have value: This isn’t a feel-good sentiment- it’s state law. Under Georgia’s wrongful death statute, you have a right to pursue non-economic damages after the loss of your loved one. This means that poorer families are not disadvantaged by their loved one’s economic situation.
- Compensation issues are complicated: Determining the “full value of the life of the deceased,” in the words of Georgia’s wrongful death statute, is a complicated endeavor. You need a wrongful death lawyer who understands how to prove that value and tell the rich story of your loved one’s life.
- Moving quickly is vital: Whatever the specific cause of your loved one’s untimely death, it’s crucial that you speak to our wrongful death attorneys as soon as possible. After an accident, evidence has a tendency to disappear, and memories will fade if left untapped for long. Don’t hesitate in arranging a consultation.
- Who can file a suit: Under Georgia law, a surviving spouse can file a wrongful death suit. If there is no surviving spouse, the surviving children file the claim. If there are no children or spouses, the executor of the deceased’s estate can file a claim on behalf of the next of kin.
Who Can File a Wrongful Death Claim in Georgia?
Not everyone can file a wrongful death claim in Georgia. Generally, only family members can file a claim and they are assigned a certain priority. In order, the following people have the legal right to file a wrongful death claim:
- The surviving spouse of the decedent,
- The surviving children of the decedent,
- The surviving parents of the decedent, if they did not have a surviving spouse or children, and
- The personal representative of the decedent’s estate.
If you lost a sibling to a wrongful death, you can only file a claim by going through your loved one’s personal representative of their estate.
What challenges might I encounter in achieving the desired outcome?
When pursuing wrongful death cases in Georgia, judges and juries are tasked with determining awards based on the losses, pain, and suffering experienced by the deceased. Your wrongful death case will necessitate a thorough assessment of the victim’s prospective earnings, retirement benefits, savings, and inheritance, alongside considerations of their physical and emotional anguish prior to passing. Additionally, your legal counsel will advise on the potential pursuit of punitive damages against the liable party.
For families contemplating a wrongful death lawsuit in honor of a loved one, understanding who can initiate the claim under Georgia statutes is crucial. To ensure that the claim is effectively advocated for the benefit of the surviving relatives, it’s imperative to engage the services of a proficient wrongful death attorney.
What solutions does Lourie, Chance, Forlines, Carter & King, PC offer to those affected by wrongful death?
At Lourie, Chance, Forlines, Carter & King, PC, our seasoned wrongful death attorneys possess substantial experience in litigating such cases, equipped with the expertise and skills necessary to aid your family in securing rightful compensation.
What’s the initial step in addressing my inquiries regarding wrongful death lawsuits in Georgia?
Act promptly. Reach out to our adept wrongful death attorney at Lourie, Chance, Forlines, Carter & King, PC today by dialing 404-760-7400
Looking to file a wrongful death claim? Connect with our wrongful death attorneys who specialize in cases involving auto accidents, truck accidents, medical malpractice, civil rights violations, and nursing home abuse. Contact Lourie, Chance, Forlines, Carter & King, PC, at 404-760-7400, or submit your inquiries via our online form.
Damages Available in Wrongful Death Claims
The damages available in your wrongful death claim will depend on the losses you and your family have sustained as a result of the liable party’s actions. You can recover both economic and non-economic damages in a wrongful death claim. Economic damages have a concrete dollar value, while non-economic damages do not. The most common economic and non-economic damages available in a wrongful death claim include:
- Funeral expenses
- Burial costs
- The loss of income the deceased provided that family members were dependent on
- Loss of companionship
- Loss of care
- Loss of consortium
- Emotional distress
- Medical expenses if any
It is not always easy to accurately value a wrongful death claim. For example, while you may know the exact cost of the funeral and burial expenses, you may not be able to assign a value to the emotional distress you experienced. A Georgia wrongful death lawyer can accurately value your claim so you obtain the full damages you are entitled to.
In some cases, punitive damages may also be available in your wrongful death claim. Unlike the above types of compensation, punitive damages are not meant to compensate you for your losses. Instead, they are meant to punish the liable party and deter them from acting in a similar manner in the future. Punitive damages are not always awarded. They are only applicable when the liable party acted with gross negligence or recklessness. For example, if your loved one was killed by a drunk driver, you may be entitled to punitive damages.
How Our Georgia Wrongful Death Attorney Can Help with Your Case
After losing someone, you may consider filing a wrongful death claim on your own. However, this is a mistake. An attorney can take on many of the tasks to ensure your claim is successful. These include:
- Collecting evidence: Important evidence in wrongful death cases includes medical records, photos and video footage of the accident scene, eyewitness statements, and more.
- Filing your case properly: Your lawyer will know which insurance company to file your claim with and if necessary, the appropriate court to file a lawsuit. Your lawyer will also make sure your claim is filed on time, so you do not miss out on any compensation.
- Negotiate: Negotiating with the insurance companies for the fair settlement you deserve is not easy. Our Georgia wrongful death lawyer has the necessary experience to negotiate aggressively and obtain the fair settlement you are entitled to.
- Litigate: Most wrongful death claims settle outside of the courtroom. However, if the liable party or the insurance company representing them refuses to act fairly, you may have to go to trial. We have taken many cases to trial before and will ensure you are prepared and build a strong case to ensure the most favorable outcome possible.
The above tasks require a great amount of paperwork, attention to detail, and legal knowledge. While you and your family try to move forward, we will handle all the practical aspects of your case.
Call Our Atlanta Wrongful Death Lawyer Now
If you have lost a loved one, you need compassionate legal guidance. At Lourie, Chance, Forlines, Carter & King, P.C., our Georgia wrongful death lawyer can provide it while giving you and your family peace of mind. Call us now at 404-760-7400 or chat with us online to schedule a free consultation and to learn more.
OUR PARTNERS
Representing clients in Atlanta, Augusta, Columbus, Macon, Savannah, Gainesville, Lawrenceville, Decatur, Jonesboro & throughout Georgia
PRACTICE AREAS
CASE RESULTS
TESTIMONIALS
"My family and I turned to Stephen Chance and Lance Lourie to help us through a very bad situation concerning our mother and a nursing home. They helped us with their knowledge and caring attitude...."
DIANA V.
READ MORE