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 1-800-738-WE-WIN. 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.
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?
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.
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.
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 1-800-738-WE-WIN.
- 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.