Atlanta WRONGFUL DEATH LAWYERS

From car wrecks and industrial accidents to negligent security and medical malpractice, our team handles the hardest cases with the resources of a national firm and the heart of a hometown team.

Some deaths are pure accidents, with no one to blame. However, other deaths are less innocent. They can be a result of negligent, reckless, or intentional actions. When this type of death occurs, the victim deserves justice. Their family can file a wrongful death claim against the individual or business that is responsible for the death.

Here at Stewart Miller Simmons Trial Attorneys, we’ve seen many families deeply affected by the loss of a loved one. We’ve also seen them struggle to make ends meet after the death. Instead of struggling, let us help you seek compensation. We can file a wrongful death claim and you could receive money for your loss. Working with a wrongful death lawyer in Atlanta can make all the difference.

Compensation for a Wrongful Death

In the aftermath of a wrongful death, surviving family members typically have the legal right to file a claim and seek damages. This includes compensation for the profound value of your loved one’s life, encompassing the loss of companionship, guidance, and family support.

While it is difficult to quantify, the court is tasked with assigning a financial value to this irreplaceable loss by considering the full impact the deceased had on your life.

Beyond this, you can also seek compensation for the economic value your loved one provided. This includes lost income, as well as the value of lost services they contributed to the household, such as childcare or home maintenance.

Another avenue for recovery is an estate claim. This separate action allows you to seek damages for expenses incurred before their death, including medical bills, funeral costs, and their own pain and suffering. Unlike a wrongful death claim, only the administrator of the will can file an estate claim. If a will does not exist, state law determines who has the authority to act on their behalf.

How to Handle a Wrongful Death

If you lost a loved one because another individual acted in a reckless or negligent manner, you deserve compensation. But you need to go through the challenging process of a wrongful death claim before you can receive financial support.

First, you need to speak to a lawyer as soon as possible. They can advise you on the steps you need to take to improve your chances at success. Additionally, they can ensure that you file within the statute of limitations. In Georgia, you usually only have two years from the death of your loved one to file a claim. However, that deadline changes depending on the circumstances.

For example, government claims have deadlines of either six months or one year. However, a wrongful death that occurred as a result of a crime or traffic violation has a longer deadline. In that case, the deadline is much later than two years.

Gathering Evidence

After the loss of your loved one, you need time to grieve. But you also need evidence to support your claim. If you work with a lawyer, they can collect evidence that supports your statements. This means obtaining video, photo, and written documentation of the incident. If there are any witnesses, their names and information should be recorded.

The Paperwork

You also need to file the claim. Once again, your lawyer can handle this part. After you discuss the details of the incident, you can leave your lawyer to the paperwork. They can file the wrongful death claim and get the process started.

Negotiations

In many cases, wrongful death claims end with a settlement. Your lawyer can meet with the other party and attempt to negotiate a fair settlement. Often, this is the preferred option. You can avoid appearing in court.

Court Appearance

If there is no settlement, your case could go to court. Your lawyer represents you in front of a judge and jury. After the proceedings, the court will decide whether or not you deserve compensation and how much you should receive.

Wrongful Death FAQ’s Atlanta, GA

Who has the right to file a wrongful death lawsuit in Georgia?

Georgia law establishes a specific priority: First, the surviving spouse (who may file on behalf of any minor children). If there is no spouse, the deceased’s children can file. If no children survive, the parents of the deceased have the right. In rare cases with no spouse, children, or parents, the administrator or executor of the estate may file for the benefit of the next of kin.

What is meant by the “full value of the life” in Georgia wrongful death claims?

Under Georgia law, wrongful death damages compensate for the full value of the deceased’s life from their perspective, including both economic contributions (lost wages, services like household help) and non-economic value (companionship, guidance, love, and support provided to family). This holistic measure aims to reflect the profound, irreplaceable loss to survivors.

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

A wrongful death claim focuses on the family’s loss of the deceased’s life value and support. A separate survival action, filed by the estate’s administrator, recovers for the deceased’s pre-death expenses (medical bills, funeral costs) and their own conscious pain and suffering. These are distinct claims that can be pursued together for complete recovery.

What is the statute of limitations for filing a wrongful death claim in Georgia?

Generally, you have two years from the date of death to file (O.C.G.A. § 9-3-33). Exceptions may extend this in cases involving criminal charges or traffic violations, or shorten it for claims against government entities. Acting promptly ensures evidence preservation and compliance with deadlines.

How are wrongful death recoveries distributed among family members in Georgia?

Recoveries are distributed based on the claimants: For a spouse and children, the spouse receives at least one-third, with the remainder divided equally among the children. If only children file, they share equally. Parents recover equally. Estate recoveries follow the will or intestacy laws.

Can punitive damages be recovered in a Georgia wrongful death case?

Punitive damages, intended to punish egregious conduct like recklessness or malice, are generally pursued through the estate’s survival action rather than the primary wrongful death claim. Georgia caps most punitive awards at $250,000, with exceptions for certain intentional or impaired acts.

What common incidents lead to wrongful death claims in Atlanta?

Common causes include motor vehicle accidents (cars, trucks, motorcycles), workplace incidents, medical malpractice, negligent security resulting in violence, and premises liability falls. These often stem from negligence or recklessness, allowing families to seek accountability and financial support.

How does comparative negligence affect a wrongful death claim in Georgia?

Georgia’s modified comparative negligence rule applies: If the deceased was less than 50% at fault, the family can recover, but damages are reduced by the deceased’s percentage of blame. If 50% or more at fault, recovery is barred. A thorough investigation is key to establishing the defendant’s responsibility.

Do wrongful death settlements or verdicts cover funeral and medical expenses in Georgia?

Funeral and final medical expenses are typically recovered through the separate estate survival action, not the primary wrongful death claim (which focuses on life value). Pursuing both ensures comprehensive compensation for all economic losses related to the death.

Your Wrongful Death Lawyer in Atlanta

In 2017, there were 115 traffic fatalities in Fulton county. There were also many work-related fatalities and other incidents of wrongful death. Whatever the cause of your loved one’s wrongful death, you deserve help. Contact Stewart Miller Simmons Trial Attorneys and learn what we can do for you. Contact for a free, confidential consultation: (404) 689-0017 or visit smstrial.com.

Stewart Miller Simmons Trial Attorneys is the standout wrongful death lawyer in Atlanta, GA, with a distinguished record of securing substantial justice for families devastated by preventable deaths. This premier firm handles wrongful death cases arising from car accidents, premises liability, medical negligence, and more.