Atlanta Wrongful Death Attorney
Whatever the reason, we know it is not easy for anyone to deal with the loss of someone loved. We proceed with care and know that the least we can do is get financial compensation for the family’s damages and suffering and take legal action against the person responsible for the death.
What is Wrongful Death?
Wrongful death is a personal injury that unfortunately happens frequently. Reasons for those incidents could be intentional behavior or accidents. When a family member dies as the result of another person or entity’s negligence, recklessness, or intentional behavior, it is called wrongful death. Individuals, groups, companies, or governments may all potentially be held liable if their intentional or negligent acts caused harm to someone.
Here are just a few outstanding cases we have won
MARTA BUS Claim
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MARTA BUS Claim
Wrongful Death Occurs When Human Life is Taken
Auto accidents, truck accidents, faulty medical devices, unsafe working conditions, and medical malpractice can all cause wrongful death.
If the deceased was accidentally or intentionally killed, a Georgia wrongful death attorney may file a claim against the at-fault party. Depending on the family unit, a spouse, parent, or child can file a claim.
Sometimes a wrongful death occurs as the result of a crime or a DUI/DWI, and those cases present special circumstances. Call us to discuss how to proceed in those situations.
Wrongful Death Claim
O.C.G.A § 51-4-2 defines the family member who has the right to sue as the surviving spouse of the deceased victim. Like any other laws on personal injury, Georgia wrongful death cases aim to establish the cause of the death, who is at fault, and the extent of the damages. Your Atlanta wrongful death lawyer must prove that the other involved party was negligent, and this will ensure getting the wrongful death compensation that you deserve.
Furthermore, he must prove that the negligence has directly caused your loved one’s death and must determine a financial standing to pay off the pain and suffering that you’ve been through.
Usually, relatives don’t consider filing a wrongful death lawsuit, especially when they are in the process of mourning. However, doing so can actually help prevent the same thing from happening again in the future by addressing the one at fault and making sure they take responsibility.
If you choose us as one of the leading Atlanta law firms for wrongful death, we will seek compensation for you.
Damages in a Wrongful Death Lawsuit or Claim
Plaintiffs in wrongful death lawsuits are seeking to find someone responsible for a death that was preventable. Under Georgia law, the surviving spouse, child, or parents of the deceased can file a wrongful death lawsuit depending on the family unit.
Financial, or pecuniary, injury is the primary measure of damages in a wrongful death action. Many laws provide that the damages awarded for the wrongful death shall be fair compensation for the pecuniary injuries resulting from the decedent’s death.
Courts have interpreted “pecuniary injuries” as including the medical bills, funeral and burial costs, lost wages, loss of services, support, and loss of inheritance prospect.
Furthermore, a damage award will include interest from the date of the death of the decedent.
Survival Actions for Personal Injury
The decedent’s personal representative can bring such action along with the wrongful death action to benefit the estate of the decedent.
The jury may make inquiries
In a survival action for the conscious pain and suffering of a decedent, the jury may make many inquiries to establish the damages, including:
- The severity of the pain;
- The degree of consciousness;
- The apprehension of impending death, along with the duration of such suffering.
The Role of Your Wrongful Death Lawyer
After a wrongful death accident, you may be thinking that it is inappropriate to contact an Atlanta wrongful death lawyer too soon after the death because of what other people might think or say, or of course, you might not be feeling ready for it. But you must know it is your choice to determine when you are ready to contact an Atlanta wrongful death lawyer to back you up in your case.
We will help you determine if your case is viable and make sure we meet all deadlines. We will deal with all legal issues and ensure the wrongful death claim is moving forward while you focus on being with your family and the process of getting through the loss.
The legal process can truly be scary and complicated. We will do anything possible to ease this process for you and make decisions in your interest. We are committed to representing and protecting your rights and those of your loved ones.
Someone who was at fault for your loved one’s wrongful death should be held accountable. We will get you the just and rightful compensation.
In Atlanta, GA, we fight aggressively to obtain 100% of the compensation available under the law.
Wrongful Death Damages and Punitive Damages
When Georgia courts are deciding whether to award punitive damages in a wrongful death case, they consider the unique circumstances of that particular incident.
Punitive damages can be awarded if there is evidence that would justify punishment for reckless conduct or criminal behavior such as aggravated assault with intent to kill.
Georgia courts decide on awarding punitive damage cases based upon the specificities of each situation.
These types of damages cannot be awarded just because someone died from an accident.
When a defendant is malicious, deliberate, or disregards the well-being or safety of the deceased, punitive damages may be available in the estate claims.
Award Caps for Punitive Damages in Atlanta
If your loved one has died due to negligence, you may be entitled to punitive damages. The term exemplary damages are also used to refer to punitive damages. Punitive financial rewards are sometimes awarded in civil cases to the plaintiff so that the defendant is punished and discouraged from committing such gross negligence again. By law, there are limits to these types of damages.
Can You Be Compensated For Such Damages in Atlanta?
Compensatory damages are the norm in civil or personal injury cases. It is possible to prove these losses and even take action against them. Jurors understand them easily, and they are reasonable compensation for most accidents, a way to compensate the injured party – usually the surviving family members.
To pursue punitive damages, on the other hand, while still provable, present a bigger challenge because anyone claiming punishment must prove malicious intent. A plaintiff cannot be awarded a punitive reward if he or she has not proven intentional injury of the victim by a willful act or gross negligence.
Judgment Caps: What Are They?
An experienced wrongful death attorney in Atlanta, GA who can file a wrongful death claim, will inform you that punitive damages in many states are capped. Financial awards are limited with a judgment cap, which ensures constitutionality and prevents excessive punishment. The supreme court of the United States has stated that caps on awards that offer plaintiffs a higher ratio than single-digit are unconstitutional and excessive, but states do not agree on what their value should be.
Punitive damages, while not impossible, are more difficult to prove if willful negligence has not occurred. The proof of compensatory damages is often more simple, especially if receipts and documentation are available, but the proof of intent is more difficult, especially if the event is singular and uncharacteristic of a defendant.
Atlanta Wrongful Death Lawyers
As experienced attorneys in wrongful deaths in Atlanta, we can provide legal advice for what proof you will need and what the process is, as well as pursuing wrongful death case. The right Atlanta wrongful death lawyer will help you understand your legal rights and options for the success of your wrongful death lawsuit, as well as he might seek punitive damages for you on your behalf.
Trust the Singleton Law Firm, LLC, and get the Needed Representation.
When you contact us to be your attorney, you will need to provide us with all the necessary information and evidence as soon as possible. This includes photos, documentation, and a list of witnesses significant to the current case.
We can also pinpoint the strengths and weaknesses of your wrongful death lawsuit during this time. Keep in mind that the consultation is free of charge – we work on contingency fee arrangement.
Who is at fault for the wrongful death of my loved one?
For wrongful death claims, an at-fault party may be organizations, individuals, and government entities. We are truly sorry for your loss and want you to know that you will get our support to ensure justice.
How long do I have before filing a wrongful death claim?
In the state of Georgia, you have two years to file a claim for a wrongful death. Sometimes, but not often, time frames can be adjusted in different situations. Also, some evidence might disappear after time passes, so we advise you not to wait two years. The earlier the better to contact us.
Who has the right to file for wrongful death?
Depending on the family unit, the right to file a claim may be spouses, children, parents and siblings.