Top Atlanta, GA Wrongful Death Lawyers Near You

Atlanta Wrongful Death Information

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Visit our free Wrongful Death Resource Center.

What Happens if a Loved One Dies in an Accident?

When someone dies in a car accident, the family members may be left without the love and support of the deceased person. When the accident was caused by negligence, medical malpractice, or some other wrongful act, it can be even more painful for the family. However, with a wrongful death lawsuit, the family members may be able to hold the responsible party accountable in a legal action to pay the medical bills, loss of financial support, and funeral expenses.

Wrongful Death Cases

When someone causes death by a wrongful action and that action would have provided for a personal injury claim if the deceased person would have survived, the person is still liable for damages. Wrongful death statutes were developed to allow the surviving family members of a decedent killed in a fatal accident to recover financial compensation for losses to the family.

The deceased person cannot file the lawsuit. Instead, their personal representative, a family member, or their estate can file the lawsuit. For the same types of cases that would be handled by a personal injury attorney, the family can turn to a wrongful death attorney after a fatal injury accident.

What Are Common Causes of Wrongful Death?

Wrongful death suits can involve any type of personal injury case, including motor vehicle accidents, truck accidents, motorcycle accidents, workplace accidents, medical malpractice, pedestrian accidents, and defective product injuries. If you are not sure whether the death of a loved one allows for a wrongful death claim, you can talk to a wrongful death legal team to understand your legal options.

Who Can Get Wrongful Death Compensation?

The beneficiaries of the deceased can generally get wrongful death damages after a wrongful death settlement. The beneficiaries of an estate may depend on the will or intestacy laws. In general, the next of kin can recover an amount of money for their losses, including children, a surviving spouse, or a domestic partner.

Damages in a wrongful death case may include loss of companionship, medical expenses, burial costs, and other losses caused by the death. In some situations, punitive damages may also be available if the responsible party acted intentionally in causing the death.

How Long Do You Have to File a Wrongful Death Case?

There is limited time to file a wrongful death claim under the wrongful death law statute of limitations. Generally, the clock begins to run from the time the person dies. If you file your wrongful death claim even one day late, your case may be dismissed. It can be difficult to think about a lawsuit during this difficult time. However, it is important to talk to an accident attorney as soon as possible to make sure your claim is filed in time.

How Much Does It Cost to Hire a Wrongful Death Lawyer in Georgia?

Most wrongful death and personal injury lawyers take cases on a contingency basis. This means that they will only get paid after you win your case or get a settlement. A contingency fee is generally a percentage of the amount recovered, in addition to costs and expenses. Make sure you understand the costs of hiring a law firm at your initial consultation or case review.

Who is entitled to wrongful death compensation?

In every state, a victim’s spouse can file a wrongful death lawsuit, as are parents of any child victims. However, other laws vary, such as whether an adult child can file a lawsuit on behalf of a parent or whether other relatives like siblings count as next of kin.

How are wrongful death settlements paid out?

The methods that settlements are paid out can be negotiated with the defense. These can include lump-sum payments or installment payments. The money can also be placed in trust if the beneficiaries are children.

How long does it take to settle wrongful death claims?

This depends on the nature of each case. While some cases may have overwhelming evidence and a defense that is eager to settle, other cases require extensive negotiations and investigation of the evidence. A case with a lot of compensation on the line can take years to settle or reach a verdict. An attorney can help set proper expectations for the process.

How long do you have to sue for wrongful death?

Each state has a statute of limitations, with the majority being two or three years to file a wrongful death lawsuit. However, when the clock starts ticking is also different in many state laws. You should talk with an attorney as quickly as possible, so you do not lose your right to pursue the compensation you deserve.

Best Time to Seek Legal Help

No matter what your legal issue may be, it is always best to seek legal help early in the process. An attorney can help secure what is likely to be the best possible outcome for your situation and avoid both unnecessary complications or errors.

How to Prepare for Your Initial Consultation

Prepare for your consultation by writing down notes of your understanding of the case, jot down questions and concerns for the attorney, and gather your documents. Remember that you are trying to get a sense of whether the attorney has your trust and can help you address your legal issues. Questions should include how the attorney intends to resolve your issue, how many years he/she has been practicing law and specifically practicing in your area, as well as how many cases similar to yours the attorney has handled. It can also be helpful to broach the subject of fees so that you understand the likely cost and structure of your representation by a specific attorney and/or legal team.

How to Find the Right Attorney

  • Determine the area of law that relates to your issue. Attorneys specialize in specific practice areas around legal issues within the broad field of law.
  • Seek out recommendations from friends, family, and colleagues. A successful attorney or practice will typically have many satisfied clients.
  • Set up consultation appointments to get a better understanding of your case as well as gauge your comfort level with different attorneys. Find the attorney who is the right fit for your needs.

Common legal terms explained

Personal jurisdiction – Requirement that a particular court have authority over a person, in order to bind that person to the judgment of the court, based on minimum contacts. International Shoe Co v. Washington is a landmark Supreme Court case outlining the scope of a state court’s reach in personal jurisdiction.

Court Locations in Atlanta, GA

Superior Court of Fulton County

136 Pryor St. SW
Atlanta, GA. 30303
Phone: (404) 612-4518
Court Website

State Court of Fulton County

185 Central Ave.
Atlanta, GA. 30303
Phone: (404) 613-5040
Court Website

Municipal Court of Atlanta

150 Garnett St. SW
Atlanta, GA. 30303
Phone: (404) 954-7914
Court Website
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