Wrongful Death Lawyer in Atlanta, GA

Name: Wrongful Death
Brand: Pendergrass Law
Rating: 5 (60 reviews)

Losing a loved one because of someone else’s negligence is a devastating experience. By turning to a wrongful death lawyer in Atlanta, GA, you have the chance to earn compensation for the suffering you’ve endured.

What is wrongful death?

Wrongful death refers to a loved one dying because of someone else’s negligent, intentional, criminal, or reckless actions. Because these claims are complex, it’s vital that you have a wrongful death attorney in Atlanta helping you from the moment you start.

Understanding Georgia’s Wrongful Death Laws

Under Georgia’s Wrongful Death Act, if someone dies because of a party’s wrongful act, the family can bring a claim against those at fault.

Eligibility to File a Wrongful Death Claim

Not everyone can file these kinds of claims. If the decedent left a spouse, they generally file these claims. Otherwise, it could be the person’s children. If the victim didn’t have a spouse or children, then parents or guardians can file the claim.

Valuing the Life of the Decedent

The relative can make a claim for the full value of the person who died. This isn’t easy to understand because it feels impossible to put a monetary value on your loved one’s life.

Components of the Full Value of Life

Determining the full value of life depends on two parts. The first part deals with the relationships the person had, as well as their reasons for living. It takes into consideration the suffering of those left behind, as well. The second part is more tangible and refers to the money the decedent would have earned throughout their life.

Claims for Pain and Suffering

The family of the decedent can also bring claims on behalf of the person’s estate for the pain and suffering they endured before dying.

Statute of Limitations

Georgia has a statute of limitations for these kinds of claims. Although the exact length of time you have to file a claim can vary depending on your unique circumstances, most people have two years from the moment of their loved one’s death to file a claim.

The Importance of Legal Assistance

Because you’ll be dealing with emotional distress after your loved one’s death, you may not realize that the time to file a claim could be speeding by. That’s one significant reason why getting a wrongful death attorney in Atlanta, GA, to help you is essential.

Types of wrongful death cases

One of the most common causes of wrongful death is vehicular accidents. Side-impact collisions and head-on accidents can all lead to severe injuries and fatalities.
Workplace accidents, especially in construction sites, are another common cause of wrongful deaths. For example, if your loved one falls at work because of unsafe conditions and suffers a brain injury that ends in their death, you could file a claim.
Medical malpractice can also result in a wrongful death. These cases could involve a loved one not getting the correct diagnosis, receiving the wrong medications, or even getting the wrong surgical procedures.
Defective products can also cause wrongful deaths. The most common types of products that can lead to fatalities are medications, toxic foods, and even children’s toys. A defective car part can also cause catastrophic accidents.

How can a wrongful death lawyer in Atlanta, GA, help?

A wrongful death attorney in Atlanta, GA, plays many roles. At Pendergrass Law, we offer support throughout all stages of the process of filing a suit.

We begin by investigating the case. This allows us to assess the circumstances around the death and gather the necessary evidence that helps prove your loved one would not have died if not for the actions of the negligent party.
To gather evidence, we will speak with witnesses, including expert witnesses, and obtain medical records and accident reports.
All of this evidence will help us prove your claim, but it also allows us to calculate damages. The damages can vary, with the most common being funeral costs, loss of income, pain and suffering, and loss of consortium.
With our experience in negotiating settlements, we will do our best to get you fair compensation without the strain of having to go to court. However, if we see that you’re not getting what you deserve, we’ll prepare your case and litigate it before a judge.

Having a lawyer by your side who understands the emotional distress you’re experiencing means you’ll get a chance to focus on grieving and healing after such a significant loss.

Relying on experienced and dedicated attorneys

When you turn to a wrongful death attorney in Atlanta, GA, like our team at Pendergrass Law, you can get the support you need when navigating this difficult process. We’ll guide you through all of the intricacies of wrongful death claims so that you’re able to get the fair compensation you deserve for the loss of your loved one. We treat each of our clients like we’d want our family to be treated, so you’re in compassionate hands at The Pendergrass Law Firm. Reach out to us today to speak with a wrongful death attorney.

Frequently Asked Questions

Who can file a wrongful death lawsuit in Georgia?

Under Georgia law, the following individuals can file a wrongful death claim:

The surviving spouse of the deceased
The children of the deceased (if no spouse)
The parents of the deceased (if no spouse or children)
The personal representative of the deceased's estate

What damages can be recovered in a Georgia wrongful death case?

The full value of the life of the deceased, including both economic (lost income, benefits) and non-economic (loss of companionship, care) aspects:

Funeral and medical expenses incurred due to the death
Pain and suffering of the deceased before death

How is fault determined in a Georgia wrongful death case?

Fault in a wrongful death case is determined through evidence showing that the responsible party's actions or negligence caused the death. Georgia follows a comparative negligence rule, meaning the damages may be reduced if the deceased was partially at fault.

Can punitive damages be awarded in Georgia wrongful death cases?

Punitive damages, which are meant to punish particularly reckless or malicious behavior, are not generally awarded in wrongful death cases in Georgia. However, they may be awarded in a survival action, which compensates for the pain and suffering the deceased endured before death.

What is the difference between a wrongful death claim and a survival action in Georgia?

A wrongful death claim seeks compensation for the family's loss, while a survival action seeks damages for the deceased's pain and suffering, medical bills, and other losses before death. Both can be filed in the event of wrongful death.

Can siblings of the deceased file a wrongful death claim in Georgia?

No, siblings cannot file a wrongful death claim in Georgia. Only a surviving spouse, children, parents, or the deceased’s estate’s personal representative may file.

Can a wrongful death case be settled out of court in Georgia?

Yes. Negotiations between the parties often lead to a settlement agreement that avoids a lengthy trial, though a case can proceed to trial if a fair settlement cannot be reached.