Atlanta Wrongful Death Attorneys
The sudden loss of a loved one is one of the most devastating tragedies any family can face. When a family member passes away unexpectedly because of the negligence or wrongdoing of another, it can be emotionally, psychologically, and financially draining.
If a loved one has died from the negligence or misconduct of another person or company, you should consider contacting an expert Atlanta wrongful death lawyer to discuss your legal options. In Atlanta, wrongful death claims can be submitted by a victim’s spouse, child, or parent, depending on the circumstances.
Understanding Wrongful Death Claims In Georgia
A wrongful death claim may arise when an individual dies as a result of the negligent or wrongful actions of another person or company. The responsible party can be held accountable in court for a death caused by incidents such as car or trucking accidents, medical malpractice, nursing home abuse, traumatic brain injuries, negligent security, or unsafe conditions on a property. Under Georgia law, the key factor is whether another party's misconduct directly led to the death. The right to file this type of claim typically belongs to the surviving spouse, children, or parents of the deceased. An experienced attorney can review the specific circumstances of your case to confirm its validity.
Common Causes Of Wrongful Death
A wrongful death claim can arise from any situation where one party's negligence or intentional act leads to another's death. Our attorneys have experience handling a wide range of these complex cases, including those involving:
- Motor Vehicle Accidents: Collisions involving cars, commercial trucks, motorcycles, and pedestrians caused by distracted driving, speeding, or driving under the influence (DUI).
- Medical Malpractice: Fatal errors made by doctors, surgeons, nurses, or hospitals, such as misdiagnosis, surgical mistakes, or incorrect medication administration.
- Workplace Accidents: Deaths occurring on construction sites or in industrial settings due to safety violations, defective equipment, or insufficient training.
- Defective Products: Fatalities caused by dangerously designed or manufactured consumer products, from faulty auto parts to unsafe medications.
- Premises Liability: Incidents on another person's property, such as deaths resulting from negligent security at an apartment complex or a fatal slip and fall caused by unsafe conditions.
Georgia's Statute Of Limitations For Wrongful Death
It is vital to understand that you have a limited time to take legal action. In Georgia, the statute of limitations for most wrongful death claims is two years from the date of the person's death.
If you fail to file a lawsuit within this two-year window, the court will likely dismiss your case, and your family will permanently lose the right to seek compensation.
While two years may seem like a long time, building a strong wrongful death case requires a thorough investigation, evidence gathering, and expert consultation. Contacting an attorney as soon as possible is the best way to protect your family's legal rights.
How to Find an Experienced Atlanta Wrongful Death Attorney?
The Cochran firm in Atlanta works on your behalf to recover damages. If you're searching for Atlanta's best wrongful death attorneys, here are a few things to consider in finding the best fit for you:
- How many wrongful death cases has the attorney managed in the last year?
- What type of caseload does this wrongful death attorney carry at any one time?
- Will this wrongful death attorney actually work on my case or assign most of the work to an associate?
- What settlement amounts has this wrongful death attorney received on behalf of clients in the last year or two?
- How long has this wrongful death attorney practiced in Atlanta?
- What types of accidents have been part of the cases this wrongful death attorney has tried? Does the attorney handle cases similar to mine?
- How will this wrongful death attorney be paid? How does the rate compare to others in Atlanta?
- Can I find journal or newspaper articles about this wrongful death attorney’s cases?
Your search for wrongful death attorneys in Atlanta requires careful consideration. Finding an attorney with experience in cases like yours is crucial.
Do I Have a Wrongful Death Claim Under Georgia Laws?
If a loved one died as a result of a car accident or traumatic brain injury, you may have a wrongful death claim.
Under Georgia law, the right to file a wrongful death claim is granted to specific family members in a set order of priority. This legal action is separate from any criminal charges and focuses on securing compensation for the survivors and the deceased's estate.
Who Can File a Wrongful Death Lawsuit?
The law, specifically O.C.G.A. § 51-4-2, dictates the following hierarchy for filing a claim:
- The surviving spouse is the primary party entitled to bring a claim. The spouse must also act as a representative for any surviving minor children.
- If there is no surviving spouse, the right to file passes to the surviving children of the deceased.
- If there is no spouse or children, the surviving parent(s) of the deceased may file the claim.
- If no immediate family members listed above survive, the administrator of the deceased's estate can file a claim on behalf of the next of kin.
What Damages Can Be Recovered in a Wrongful Death Lawsuit?
A wrongful death lawsuit allows families to seek compensation, also known as damages, for the full value of the decedent's life and for losses suffered by the estate. These damages are categorized into two main types:
- The Full Value of the Life of the Deceased: This is calculated from the perspective of the person who died and includes intangible and tangible losses.
- Intangible Losses: Compensation for the loss of companionship, care, guidance, and all other joys and experiences the deceased will miss out on.
- Tangible Losses: Lost future income, wages, and benefits the deceased would have earned over their lifetime.
- Damages Recovered by the Estate: These claims cover specific financial costs resulting from the final injury and death.
- Medical bills incurred before death.
- Funeral and burial expenses.
- Conscious pain and suffering the deceased endured before their passing.
An experienced Atlanta wrongful death attorney can help your family accurately calculate the full scope of these damages to ensure you seek the justice you deserve.
Common Challenges In A Wrongful Death Lawsuit
Pursuing a wrongful death claim comes at a time of immense grief, which makes navigating the legal process particularly challenging. Families face several significant hurdles, which is why having an experienced attorney is so critical. The primary challenges include:
Proving Negligence: The responsibility is on your family to legally prove that the other party's negligence or wrongful act directly caused your loved one's death. This often involves a detailed investigation to gather evidence, secure witness testimony, and hire experts to establish the four elements of negligence, all while the opposing side and their insurance company may be actively working against you.
Calculating the Full Value of a Life: Placing a monetary value on a human life is a profoundly uncomfortable and complex task. The challenge lies in calculating not just tangible losses like lost future income and medical bills, but also the intangible value of the deceased's life, including loss of companionship, guidance, and the pain and suffering they endured before their passing.
Dealing with Insurance Companies: You will likely encounter experienced insurance adjusters and their legal teams. Their primary goal is to protect their company's financial interests by minimizing or denying the claim. Faced with their tactics and resources alone, a grieving family can find it an overwhelming challenge.
Navigating the Legal System and Deadlines: The legal process is complex, with strict rules and procedures that must be followed. Georgia has a firm deadline, known as the statute of limitations, for filing a wrongful death lawsuit. Missing this critical deadline can permanently extinguish your right to seek justice.
What Solution Does The Cochran Firm Offer Atlanta Wrongful Death Victims?
At The Cochran Firm Atlanta, our wrongful death attorneys have extensive experience representing clients in wrongful death suits, and they have the knowledge and ability to help your family recover the compensation they deserve. Our solution is to lift the complete legal and financial burden from your family so you can focus on healing. From the moment you engage our firm, we assume full responsibility for your case. This begins with funding a comprehensive investigation into the circumstances of your loved one's death, using our resources to hire investigators, expert witnesses, and specialists needed to build a compelling claim.
We handle all communication and aggressive negotiations with insurance companies and opposing counsel, shielding your family from their tactics. Our attorneys work on a contingency fee basis, which means you pay no upfront costs or attorney's fees. We are only paid if we successfully secure a financial recovery for your family, ensuring our interests are completely aligned with yours. Our goal is to provide the strategic, legal, and financial support necessary to achieve justice on your behalf.
Frequently Asked Questions About Wrongful Death Claims
What Is The Difference Between A Wrongful Death Claim And A Survival Action?
A wrongful death claim compensates the surviving family members for their losses, such as lost companionship and future income. A survival action is a separate claim brought by the estate of the deceased to recover for damages the deceased personally suffered before death, such as their medical bills and conscious pain and suffering.
How Do You Prove Negligence In A Wrongful Death Case?
To establish negligence in a wrongful death claim, your attorney must prove four essential elements:
1) Duty - the at-fault party owed your loved one a duty of care.
2) Breach - the at-fault party breached that duty through their actions or inaction.
3) Causation - this breach directly caused your loved one's death.
4) Damages - the death resulted in compensable losses for the family and/or estate.
How Much Does It Cost To Hire A Wrongful Death Attorney?
At The Cochran Firm Atlanta, we handle wrongful death cases on a contingency fee basis. This means you pay no upfront fees or out-of-pocket costs. We only receive payment as a percentage of the total recovery if we successfully win your case through a settlement or verdict. If we do not secure compensation for you, you owe us nothing. Contact the Cochran Firm for a free consultation today!
How Long Will My Wrongful Death Lawsuit Take?
The timeline for a wrongful death case varies widely. A straightforward case with clear evidence may settle in several months. However, a more complex case involving disputed fault or multiple parties could take one to two years, or longer, if it proceeds to a full trial. An attorney can give you a more specific estimate after reviewing the details of your case.
Schedule A Free Consultation With Our Wrongful Death Attorneys
Don’t delay. Contact our experienced wrongful death attorneys at The Cochran Firm Atlanta today at (404) 222-9922.
Want to file a wrongful death claim? Contact our wrongful death attorneys, who have expertise in wrongful death cases involving auto accidents, truck accidents, medical malpractice, civil rights, and nursing home abuse. Call The Cochran Firm Atlanta toll-free at (404) 222-9922, or send us your queries using this inquiry form.