Atlanta Wrongful Death Attorney

Trusted Atlanta Wrongful Death Attorney Don Singleton

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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 member emotional 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.

Wrongful death occurs when human life is taken for no legitimate reason. 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 injured (i.e. through an accident), a Georgia wrongful death attorney may file a claim against them. However, it’s important to know who can file the claim under Georgia law – the surviving family members can file it for sure.

A separate charge could be filed against a deceased person depending on the circumstances of his or her death. Your loved one’s death may still be recoverable with the help of an Atlanta wrongful death lawyer even if the person was convicted of a DUI/DWI, or other crime.

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, the 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’ll ensure this happens, and justice is served.

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.

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.

If the distributors are responsible or paid for the decedent’s funeral or medical care, they may recover those expenses as well. Furthermore, a damage award will include interest from the date of the death of the decedent.

Survival Actions for Personal Injury

In addition to damages for the wrongful death, the distributees may recover damages for personal injury to the decedent. These are known as “survival actions” because the actions survive the person who suffered the 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.

On the other hand, wrongful death is not always caused by individual members of the civilian masses. During these instances, the role of wrongful death lawyers on the prosecutor’s side is to prove that negligence was the reason for the death currently under discussion. Their role is to prove that the client was not negligent and didn’t cause the victim’s death involved.

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 any other human being’s wrongful death should get the deserved punishment by the law. We will make sure you seek compensation and justice.

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 and their history behind them before making decisions.

These types of charges cannot be given out just because someone died from an accident. Instead, it must have been a crime attempted murder where you could argue this person did something so bad he deserves more than compensation but also sentences equal to what his actions deserve at trial.

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 by an Atlanta wrongful death attorney. The term exemplary damages are also used to refer to punitive damages. Financial rewards are often awarded in civil cases to the plaintiff so that the defendant is punished and discouraged from committing such gross negligence again. The damages awarded in civil proceedings are reserved for the worst offenses, but they are not as common as you might think from Hollywood movies, and there is a set amount that can be earned by a wrongful death victim.

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 that they had no malicious intent. A defendant cannot be awarded a punitive reward if he has not intentionally injured the victim by committing 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, could also 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 occurred. The proof of compensatory damages is often 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

For wrongful death, one of the main reasons is negligence. 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 we ensure you will get the needed representation.

When you contact us to be your legal attorney, you have 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. Through this, we can already assess if you have a strong case or not.

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.

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FAQs for Wrongful Death Cases

What are the most common types of wrongful death claims?

Wrongful death claims usually are because some severe accidents occurred. This includes any car and motorcycle accidents due to reckless, negligent actions, or DUI. Also dog bites, slip and fall, abuse or negligence, medical malpractice, or else.

Who is at fault for the wrongful death of my loved one?

For a wrongful death claim can be held responsible for all at fault, including 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 approximately two years before filing a wrongful death claim for wrongful death. Still, these time frames tend to be flexible for different cases. Also, some evidence might disappear after time passes, so we advise you not to wait two years.

Who has the right to file for wrongful death?

For the wrongful death of someone close, the right to file a wrongful death claim has the victim’s spouse, children, parents, and siblings.

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© Copyright Donald W. Singleton, Singleton Law Firm, LLC 5445 Peachtree Dunwoody Rd. Atlanta, Georgia 30342 Tel: 770.889.6010 The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. - powered by Enfold WordPress Theme