It’s difficult to know where to turn for help after losing a loved one unexpectedly. If your loss was someone else’s fault, our lawyers in Atlanta, GA, are here to help. An experienced Atlanta wrongful death lawyer can help you fight to hold the at-fault party liable for all your damages, including medical bills, lost financial support, and your family’s suffering.
Our team at Hammers Car Accident & Personal Injury Lawyers has over 50 years of combined experience helping families like yours recover compensation for their losses. Since we started our law firm, we’ve recovered tens of millions in settlements and verdicts.
We’re here to help you hold the responsible parties accountable. Don’t hesitate to call our law offices in Atlanta, Georgia, to schedule a free consultation today or call at 770-900-9000.
Why Should I Call Hammers Car Accident & Personal Injury Lawyers For Help With My Atlanta Wrongful Death Case?
Dealing with your personal losses after the death of a loved one can seem impossible. When financial stress starts to pile on, an experienced Atlanta personal injury lawyer can help.
Insurance companies don’t always deal with victims fairly. They have endless resources to fight you and undervalue your claim. You deserve an experienced advocate to handle the details.
Our team at Hammers Car Accident & Personal Injury Lawyers can help you fight for full compensation; we will:
- Determine what happened and who is responsible
- Identify all sources of compensation for your family
- Gather evidence to support your claim
- Hire expert witnesses to testify about complex elements of your case
- Defend your loved one against efforts to pin the blame on them
- Negotiate with the insurance companies and defense teams for a full settlement
The grieving process is always difficult. Knowing that your loved one’s death was someone else’s fault only makes matters worse. To learn more about how an Atlanta personal injury attorney can help, give us a call for a free consultation today.
How Common Are Fatal Accidents in Georgia?
According to preliminary data, 190 people were killed in accidents involving large trucks and buses in Georgia in 2023. In 2022, another 209 Georgia workers were killed in work-related accidents.
Motor vehicle accidents are one of the leading causes of unintentional death in Georgia. 1,982 people were killed in traffic accidents across the state of Georgia in 2022 alone. 98 of those fatalities were in Atlanta.
Overview of Georgia’s Laws on Wrongful Death
A wrongful death in Georgia is a death caused by another party’s negligent, reckless, or criminal actions. You may have a valid wrongful death case anytime you lose a loved one due to someone else’s conduct.
The victim obviously can’t pursue compensation on their own. However, the right to hold the at-fault party liable doesn’t disappear upon death. It transfers to the victim’s loved ones and estate.
Wrongful death cases are always handled in civil court. Most of the time, they involve accidents and unintentional deaths. However, you may also have a valid wrongful death case against someone who intentionally killed your loved one and is facing criminal charges.
Who Can File an Action for Wrongful Death in Georgia?
In Georgia, certain surviving family members have the right to seek compensation for their loved one’s wrongful death.
Those parties include:
- A surviving spouse
- Children
- Parents
The right to seek compensation doesn’t disappear if there is no surviving spouse, child, or parent. Instead, the decedent’s personal representative or the executor of their estate is entitled to sue for damages.
The personal representative is also entitled to file a survival action even if the victim did leave a surviving spouse, child, or parent. Survival actions are only filed when the decedent isn’t killed immediately. These lawsuits allow survivors to seek compensation for the losses incurred between the date of injury and the date of death.
How Much Is My Atlanta Wrongful Death Case Worth?
The amount of compensation your family can recover will depend on many different factors, including:
- Your loved one’s age and life expectancy
- The value of your loved one’s lost future earning capacity, considering their education and prior work history
- How your loved one contributed to the household and family
- The age and identity of surviving dependents
- The circumstances of the death and the nature of the at-fault party’s acts
- The value of your financial losses, including medical costs, burial expenses, etc.
At Hammers Car Accident & Personal Injury Lawyers, we’ve developed a network of trusted experts who we can call on to help with the valuation process.
What Types of Damages Are Available If My Georgia Wrongful Death Case Is Successful?
In Georgia, survivors can seek compensation for “the full value of the life of the decedent.”
Some common examples of the types of damages surviving family members can recover include:
- Loss of the victim’s financial support, including income and employment benefits
- Loss of the value of household services and child care performed by the victim
- Loss of the victim’s companionship and society
- Loss of parental support and guidance
- Loss of consortium for a surviving spouse
Your loved one’s estate also has the right to pursue damages via a survival action.
Those damages may include:
- Medical expenses
- The victim’s pain and suffering
- Funeral expenses
- Punitive damages in cases involving intentional wrongdoing or extreme reckless conduct
Like any personal injury case, the types of damages you recover will depend heavily on the circumstances and the nature of your family’s losses. However, putting a dollar value on your losses is rarely simple. That’s especially true in wrongful death cases, where much of your case value will be based on future losses.
Hiring an experienced Atlanta wrongful death attorney is the best way to make sure you’re getting the full compensation you deserve. Contact Hammers Car Accident & Personal Injury Lawyers today to learn more about how we can help you fight for justice.
How Much Does it Cost to Hire a Wrongful Death Lawyer in Atlanta?
Most wrongful death lawyers work for a contingency fee. Your attorney’s fees are a percentage of the compensation we recover in your case. That way, you don’t have to worry about paying any upfront fees.
Can My Family Recover Damages If My Loved One Is Being Blamed for Causing Their Own Death in Georgia?
Your loved one isn’t here to defend themselves. That doesn’t typically stop insurance companies from trying to blame the victim.
Under Georgia law, a modified comparative negligence system applies. If the insurance company can prove that your loved one was more than 49% liable, you lose your right to damages. If their share of fault is less than 50%, your family’s compensation will be reduced according to that percentage.
What Are the Leading Causes of Wrongful Deaths in Atlanta?
At Hammers Car Accident & Personal Injury Lawyers, we handle all types of wrongful death cases, including those involving:
- Car accidents
- Slip and fall accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Truck accidents involving semi-trucks, commercial vehicles, and 18-wheelers
- Bus accidents
- Uber and Lyft accidents
- Boat accidents
- Accidents involving recreational vehicles
- Sports accidents
- Construction accidents
- Workplace accidents
- Dangerous property conditions and premises liability
- Negligent security
- Dog bites
- Assault
- Sexual assault
- Defective products
- Dangerous drugs
- Medical malpractice
- Nursing home abuse and neglect
If you lost a loved one in an accident, call our law firm in Atlanta today. We’ll do everything we can to get the full compensation you deserve.
What Do I Have to Prove to Recover Compensation for the Wrongful Death of My Loved One in Georgia?
To recover damages, you’ll have to prove that someone else was at least partially responsible for causing your loved one’s death.
Most claims are based on negligence, meaning that:
- The defendant owed your loved one a legal duty of care
- They somehow breached that duty
- The breach of duty directly caused your loved one’s death
- Your family suffered damages
Our lawyers are here to collect the evidence you need to prove your case, including:
- Eyewitness testimony
- Police reports
- Medical records
- Video surveillance records
- Employment records
- Reports of past safety violations
- Photos of any accident scene
- Evidence from the accident scene
- Drug and alcohol test results
- Maintenance and inspection records
The evidence you’ll need will depend on the circumstances of your loved one’s death. In all cases, the sooner we start investigating, the better. Contact us today to schedule a free case review to get started.
How Long Do I Have to File a Wrongful Death Lawsuit After a Fatal Injury in Georgia?
Under Georgia law, you have two years from the date of your loved one’s death to file a lawsuit. After two years pass, you lose your right to compensation entirely.
Missing the deadline isn’t an option when your family’s future is on the line. Call a respected lawyer right away to start building your case.
Contact a Trusted Atlanta Wrongful Death Lawyer for a Free Consultation
At Hammers Car Accident & Personal Injury Lawyers, we offer free consultations, so there’s no risk in getting legal advice. Contact us today to learn more about how an Atlanta wrongful death lawyer can help your family through this difficult time.