Atlanta Wrongful Death Lawyer

Atlanta Wrongful Death Attorney

A wrongful death suit is a form of personal injury claim filed when a personal injury claims the life of the victim. If you recently lost a loved one because of another party’s negligence or illegal misconduct, an Atlanta wrongful death lawyer is the ideal resource to consult to determine your most viable legal options in this situation. The party responsible could be liable for substantial damages to you and your loved ones.

Has one of your loved ones been killed in a fatal car accident or killed by another’s negligence? A wrongful death occurs anytime a person is killed due to the negligence of another person or corporation.  If your spouse, parent, or child has been killed and you suspect their death was the unnecessary consequence of someone else’s negligence, you should always consult our Atlanta wrongful death attorneys to assist you with the case. If your loved one has been killed due to the negligence of another, please phone us at 404-975-1775. We have offices located across Georgia in Atlanta, Savannah, and Statesboro.

We wholeheartedly understand that your life has changed forever by the actions of a careless individual or company that placed your loved one in harm’s way. We understand that it takes time to grieve.  However, you need to be aware that the sooner you give our Atlanta wrongful death attorneys the opportunity to start investigating why your loved one was killed and the underlying facts and circumstances, the better. Sometimes memory fades and evidence is destroyed.

At the Merritt & Merritt Law Firm, we understand no amount of money can bring your loved one back. We have helped many families with wrongful death cases uncover the truth about the death and we have helped obtain monetary recoveries to offset medical and funeral costs as well as income loss associated with their death.

Why You Need an Atlanta Wrongful Death Lawyer

You need an Atlanta wrongful death lawyer because this type of case is very difficult to build on your own and even harder to win. The right attorney can assist you and your family in various ways, from gathering the evidence you need to firmly establish liability for your loved one’s death to helping you accurately calculate the full scope of the damages you are legally able to claim from the defendant.

Wrongful death claims are personal injury claims, but there are special rules that apply to wrongful death claims that you must understand if you want to reach the optimal outcome of your case. There are also special eligibility requirements concerning who may file these claims, the time limit for filing them, and what types of damages can be recovered from a defendant if you succeed with the claim.

Additionally, many wrongful deaths occur because of negligence, but when they occur because of intentional and illegal actions, the defendants responsible face criminal charges alongside their civil liability for wrongful death. This can complicate a case significantly, and the family of the victim will need experienced legal counsel on their side to make a clearer sense of their situation and to prepare for the difficult proceedings they face.

Common Causes of Wrongful Deaths in Atlanta

A wrongful death is essentially a fatal personal injury. Any incident that could potentially result in a personal injury can also result in a wrongful death if the victim does not survive their injuries. The majority of the wrongful deaths reported throughout the Atlanta area every year are the result of negligence, but some occur because of illegal and intentional misconduct.

Motor vehicle accidents, slip and fall accidents, and workplace accidents are a few of the most common ways for wrongful deaths to occur. Driving under the influence (DUI) and violent crime are examples of how intentional and illegal misconduct can cause fatal injuries. Success with any wrongful death claim in Atlanta will require evidence showing that the defendant named in the suit directly caused the victim’s fatal injuries.

Your Atlanta wrongful death lawyer can be instrumental in gathering this evidence. Depending on the nature of the fatal incident, you may require various forms of physical and digital evidence, witness testimony, and even input from various expert witnesses who can explain the various technical details of the situation. Once you determine fault for the death, you can proceed with claiming compensation for your family’s loss.

Comparative Fault in Atlanta Wrongful Death Cases

It is important to remember that in any personal injury case, including a wrongful death case, Georgia’s modified comparative fault rule will come into play when the facts show that the victim bears partial responsibility for the damages. Whatever percentage of fault the victim holds for causing the damages cited in the claim will be the percentage of their case award that they lose as a penalty to reflect their shared fault.

However, under Georgia’s modified comparative fault rule, a plaintiff will lose the ability to claim compensation for their damages if they are proven to be more at fault than the defendant. This means that if your loved one was partially responsible for the fatal accident, this could lead to a diminished case award for your family, and if they were more at fault than the defendant, this would negate your ability to file a wrongful death claim against the defendant.

Who Can file a Wrongful Death Claim?

Parents, Children and Spouses as Wrongful Death Beneficiaries

In short, parents, spouses, children, and beneficiaries have the right to bring a claim for wrongful death in Georgia. In Georgia, a wrongful death claim must be brought within 2 years of the date of the death. Furthermore, the decedent’s estate has the right to bring a survival cause of action for the personal suffering of the decedent. Consulting an Atlanta wrongful death attorney can help make this process simple and effective. We do everything in our power to make the process easy for the family

Can a Parent Recover for the Death of an Unborn Child?

Simply put, Georgia law permits a right to recover for the wrongful death of an unborn child. There are two scenarios when a wrongful death of a child occurs: when a fetus dies because the mother is killed or the mother survives but the fetus sustains injuries that lead to its dying while still unborn or it suffers a stillborn birth. Most often this injury occurs during a car wreck.

Claims for unborn children may be brought when a pregnant mother is in an accident, whether it be an auto accident, slip and fall or any other accident resulting in death. The right to bring the claim belongs to the fetus’ mother and father alone no other relatives can bring this action.

What Damages can you recover in Georgia?

The main objective of your wrongful death suit in Atlanta is to prove a defendant is at fault for the victim’s death and to recover compensation for your family’s damages. Your wrongful death suit may be worth much more than you initially expect, and an experienced Atlanta wrongful death lawyer is the ideal asset to have on your side to ensure you can maximize the final award you obtain. There is a wide array of damages that may be sought in a wrongful death case:

• Loss of Earning Potential – money the decedent would have reasonably been expected to earn to support family. Usually, this is calculated by the person’s occupation
• Loss of Household Services – the reasonable value of the services (such as chores) and assistance the decedent would have provided to the family
• Loss of Companionship – the value of the loss of comfort, love, affection, and emotional support the decedent would have provided to the family
• Mental Anguish – the value of the suffering and anguish you have endured due to the loss of a loved one
• Loss of Inheritance – the value of the assets you would have reasonably anticipated receiving had the loved one lived a full life and passed property on

Additionally, punitive damages can be sought if the wrongful death is caused by the malicious act or omission or the gross negligence of the defendant. If the defendant in your wrongful death suit broke the law in causing your loved one’s death, punitive damages are likely to factor into your family’s case award. The amount the defendant pays in punitive damages will depend on their overall financial status and the severity of their actions.

It may sound difficult to quantify something like pain and suffering or loss of affection in monetary terms, and Georgia law does not set any strict requirements when it comes to calculating pain and suffering compensation in most personal injury cases. There is no set formula that a plaintiff needs to use to calculate pain and suffering compensation, and this aspect of recovery is not limited to most personal injury claims.

The amount of pain and suffering compensation a surviving family might win from a successful wrongful death suit will largely depend on the age and condition of the victim when they died and the manner in which the fatal accident occurred. Your Atlanta wrongful death lawyer will know what factors bear consideration when it comes to adding a claim for pain and suffering compensation to your wrongful death lawsuit.

Top Wrongful Death Attorneys in Atlanta to Serve You

At Merritt & Merritt Law Firm, we understand that the loss of a loved one is catastrophic. We have been helping families recover from the loss of loved ones since 1973 and we would be honored if you give us the opportunity to represent you and your family. Our wrongful death attorneys travel across Georgia to handle these types of claims even occasionally representing wrongful death victims in other states.

When you choose our firm to represent you, you can expect personalized communication, close attention to detail, and vigorous protection of you and your family’s rights as you seek accountability and compensation for your losses. Our goal is to maximize your financial recovery because while money cannot replace your lost loved one, a successful claim can help offset the economic impact of their death and help your family have some peace of mind.

Our main office is in Atlanta. We also have four other locations: Savannah and Statesboro, Georgia and Jacksonville and Miami Florida.  The initial consultation is free and you don’t pay unless you win. Call us now at 404-975-1775.

Legal Tips:

• Georgia Law states in an auto accident the plaintiff must sue the defendant alone and cannot sue the insurance company directly. However, in cases involving 18 wheeler trucks or commercial vehicles the plaintiff can sue the trucking company and the trucking company’s insurance carrier.
• Did you know an “action for medical malpractice” may be brought to recover damages resulting from the death of any person arising out of the care or service rendered by any public or private hospital, nursing home, clinic, hospital authority, facility, or institution, or by any officer, agent, or employee thereof acting within the scope of his employment.
• A surviving spouse may bring an action for the wrongful death of his spouse. O.C.G.A. 51-4-2 confers exclusive standing upon the spouse. If there are children, the spouse is required to share proceeds with those children.

Hopefully, these tips will help you understand your legal options a bit more clearly. However, it is vital that you consult an experienced Atlanta wrongful death lawyer right away to ask more direct questions specific to your unique case. Every wrongful death claim is unique, and every plaintiff will have different needs and concerns that require individualized attention. Merritt & Merritt can provide the answers you need in this challenging time.

Benefits of Hiring an Atlanta Wrongful Death Lawyer

Hiring an experienced Atlanta wrongful death lawyer is one of the most important steps you can take toward success with your claim. Even if you believe that fault for your loved one’s death is clear and you understand the various damages you are eligible to seek with your claim, the reality is that your case may be more challenging than it appears at first. Additionally, the emotional weight of the situation will make this even harder for you and your family.

Legal counsel you can trust means having a dedicated advocate who will be ready to provide the guidance and support you need during this difficult series of legal proceedings. They can help you understand the various legal mechanisms in play, handle the procedural aspects of filing your claim, and ultimately help you reach much better results than you could reasonably expect if you tried to handle your case on your own.

While a wrongful death suit is a type of personal injury claim, there are many special rules that apply to this type of case, and you could encounter various unexpected challenges as your case unfolds that you will not know how to address on your own. Hiring the right attorney can make a significant positive difference in the outcome of your case, and it will allow you and your family to mourn with peace of mind, knowing your case is in capable hands.

Resolving Your Wrongful Death Suit in Atlanta

Many of the civil claims for damages filed in Atlanta each year settle outside of court. As long as the plaintiff and the defendant are both willing to compromise, it is possible for them to reach a mutually agreeable resolution to their case without resorting to expensive and time-consuming litigation. As long as the death occurred because of an unintentional act of negligence, it should be possible to resolve the case privately through settlement negotiations.

Your Atlanta wrongful death lawyer can guide you through the settlement negotiation process. This involves you and your attorney meeting with the defendant and their attorney on a mutually agreeable schedule. Your respective legal representatives will assist you and the defendant in negotiating terms for resolving the case. As long as both parties are willing to compromise, settlement may only require a fraction of the time that litigation requires.

Settlement is not always a viable option for resolving a wrongful death claim in Atlanta, however. It is possible that the defendant could deny liability, for settlement negotiations to fail, or for settlement to be off the table entirely as a possible resolution option because of the unique details of your case. Additionally, you may not be able to settle your claim privately if the defendant caused your family member’s death by breaking the law.

When you choose the Merritt & Merritt Law Firm to represent your case, we can aim to resolve it as efficiently as possible. If settlement is a viable option, you can count on our team to guide you through the process, helping you and your family reach the most agreeable terms possible with the defendant and their legal counsel. However, should the settlement fail, or if you need to litigate for any other reason, you can count on us to represent you in the courtroom.

FAQs

Q: What Is the Value of My Wrongful Death Claim in Atlanta?

A: The value of your wrongful death claim in Atlanta depends on multiple factors, such as the value of the damages the defendant caused and the pain and suffering compensation you and your family claim. You may be entitled to more of a recovery than you initially realize, and it is important for you to discuss your case with an experienced Atlanta wrongful death lawyer as quickly as possible for an accurate estimate of your case’s total value.

Q: Will 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 were egregiously negligent or broke the law with their actions. For example, if a driver caused a fatal car crash from speeding, it would likely qualify as typical negligence, but if they were intentionally excessively speeding 20 mph or more over the speed limit, they would likely qualify for a reckless driving charge and could face jail time if convicted.

Q: How Is Pain and Suffering Compensation Calculated in a Wrongful Death Case?

A: Pain and suffering compensation is calculated in a wrongful death case based on multiple factors. The age of the victim and the circumstances within their family that they left behind are some of the most important of these factors. For example, a parent filing a wrongful death suit for the death of their child is likely to secure substantially more pain and suffering compensation than the family filing a claim over the death of an elderly relative. Every case is different.

Q: Why Do I Need to Hire an Atlanta Wrongful Death Lawyer?

A: You need to hire an Atlanta wrongful death lawyer to ensure the greatest chance of success with your impending case. The right attorney can provide comprehensive legal support through every phase of your proceedings and significantly increase your chance of not only winning your case but also maximizing your case award. Trustworthy legal counsel is an invaluable asset for any type of personal injury claim in Atlanta.

Q: How Much Are Attorneys’ Fees for an Atlanta Wrongful Death Claim?

A: The attorneys’ fees for your Atlanta wrongful death claim will likely amount to a percentage of your final award if you choose Merritt & Merritt to handle your claim. We take all personal injury cases on a contingency fee basis, so our client’s fee is a percentage of the total compensation we secure for them. However, we only collect this fee if we win their case, and the client pays nothing if we are unable to obtain a case award.

The team at Merritt & Merritt has the skills, experience, and professional resources needed to handle the toughest wrongful death suits in Atlanta. We know how emotionally strenuous this type of case can be for any family, and our goal is to help you succeed with the claim, maximize your financial compensation, and feel a sense of closure. Contact us today to schedule a free consultation with our team and learn more about the legal services we provide.