Atlanta Wrongful Death Attorney
There are few things more devastating in life than unexpectedly losing a loved one. It is a grieving process that can be difficult and overwhelming. If you believe your loved one died as a result of negligence due to the actions of another, a wrongful death lawsuit may be an option worth considering. When a loved one loses his or her life, it can have an overwhelming effect on your own future, especially if he or she was the primary income earner in the family. This is precisely where our elite team of Atlanta wrongful death attorneys can assist, as we handle many different cases, including those that involve truck and car accidents, motorcycle accidents, brain injuries, workplace injuries, medical malpractice, construction accident, death from a premises liability case and beyond.
Does your firm handle wrongful death cases?
At Hecht Walker, P.C., our team of Georgia wrongful death lawyers work hard to help our clients seek justice and compensation for their losses. We will help you to pursue the individual or individuals who are responsible and liable for the death of your loved one.
Certain family members and executors of a deceased person’s estate often have a standing for a wrongful death action. The state of Georgia recognizes a widow(er), parents and/or children of the deceased if there is no spouse or a named executor of the deceased’s estate. Wrongful death suits are most often filed on the basis of loss of income and/or future wages, mental anguish, loss of companionship and more, as outlined below.
What is a wrongful death claim in the state of Georgia?
In the state of Georgia, a wrongful death is defined as a death of a person caused by the action (or inaction) of another in violation of the law. It may be caused by an intentional act or criminal action.
Instead of the injured party filing for recovery after a personal injury, it is the family and survivors of the victim in a wrongful death claim who pursue some type of recovery.
Who may bring a wrongful death claim in the state of Georgia?
The state of Georgia’s statutes provide a specific definition of who may file a wrongful death claim. The following are general notes of the rights of persons with the right to bring such claims, but there are exceptions to the below depending on the circumstances of the family and legal status of each person.
Generally, if the deceased was married at the time of his or her passing, the spouse most often will be the one who has the right to file a wrongful death claim. If the deceased has children, damages must be generally split between the spouse and the children. If the deceased was divorced, the right to file suit is generally reserved for any children. If the deceased has no children and no spouse, the right to file falls to his or her parents usually. Certain documents, circumstances, agreements or court orders, as well as changing case and statutory law, may shift the above referenced points. However, it is important you make your decisions based on current laws.
What kind of financial damages can I expect in an Atlanta wrongful death case?
As you might expect, the damages awarded will weigh heavily on a number of factors. The state of Georgia’s courts will take into consideration a number of factors, including (though not limited to):
- Each survivor may be entitled to the value of both past and future loss of support and services from the deceased, based on the deceased’s probable net income and the prior life expectancy of the decedent before the act which caused his or her death.
- The spouse may be entitled to damages due to a loss of companionship and mental pain and suffering.
- The parents of a minor child may be entitled to compensation for mental pain and suffering.
- The parents of an adult child may be eligible for compensation due to mental pain and suffering.
- Funeral expenses and medical expenses are also generally recoverable by the one who paid them.
Providing a definitive dollar amount is impossible since no two cases are the same. An Atlanta wrongful death attorney can provide some specifics relating to your unique case and facts; however, it is important to note it is only an estimate. These cases are complex by nature, and the amount of any award is always left to the discretion of the courts. Certain experts will be needed in almost every case, and our firm routinely contracts with the best experts in the state.
What types of events will qualify for a wrongful death lawsuit?
Any number of events that result in a wrongful death can be grounds for a suit. If your family has lost a loved one in an auto accident, a medical mistake, a defective product or as the result of any other unexpected and avoidable circumstance, our experienced attorneys and support staff may be able to help. Please note, it is important to reach out sooner rather than later.
How much time do I have to file a wrongful death claim in the state of Georgia?
As you might expect, there are time considerations associated with these lawsuits. The statute of limitations in the state of Georgia for a wrongful death claim is generally two years from the date of death. If the time limit expires, it is difficult and rare for the court to overlook. Our attorneys will work with you to see if any exceptions to the general rule exist for your particular case.
How long do wrongful death lawsuits in Georgia take to resolve?
Each case is different: the circumstances, the parties, peripheral facts and a host of other factors all play a role. Providing a hard lined timeframe is both impossible and irresponsible for a wrongful death attorney to provide.
Our team will take every case with an aggressive mindset, and an awareness of the grief families are still experiencing. It’s challenging on many different fronts; however, our clients are our priority. We realize that seeking financial recompense pales in comparison to the loss a loved one. We never forget that at the core of these cases is the loss of someone who was loved, admired and respected.
If you have lost a loved one or family member due to another person’s actions and negligence, contact a wrongful death lawyer with Hecht Walker, P.C. We are here to provide you with a private, free case evaluation. But you must act soon because Georgia law limits the amount of time you have to file a claim. Call 404-369-3073.
This information was posted on 08-23-2016 and does not constitute legal advice nor does it create an attorney-client relationship. The law changes on a daily basis and the reader should engage an attorney through a written agreement before taking action in this area of the law.