Have you lost a loved one in a fatal accident in Atlanta, Georgia? Call The Moses Firm: Medical Malpractice Lawyers at (404) 721-1050 for a free consultation. Our Atlanta wrongful death lawyers are here to support your family during this painful time and help you pursue justice and financial accountability from the responsible party.
When someone else’s negligence causes a tragic loss, Georgia law allows surviving family members to seek compensation. The Moses Firm: Medical Malpractice Lawyers understands how overwhelming this process can feel, and we’re committed to giving your case the care and attention it deserves.
Why Hire The Moses Firm: Medical Malpractice Lawyers After the Wrongful Death of a Family Member in Atlanta, GA
You should expect the insurance company and defendants in the case to do everything they can to stand between you and a significant financial recovery after a family member’s death. That’s why families in Atlanta, GA, turn to The Moses Firm: Medical Malpractice Lawyers for help.
Clients choose us because:
- We are trial-tested Atlanta litigators with over 50 years of combined experience
- We’ve helped clients recover hundreds of millions of dollars in personal injury settlements and jury awards.
- Our firm has been included in Georgia’s Legal Elite and Top 100 Lawyers by Super Lawyers.
- We custom-build strategies to fit each client’s unique needs and leverage our law firm’s considerable resources to achieve outstanding case results.
- We’re not afraid to use every tool and resource at our disposal to force the person responsible for your loved one’s death to make things right. If they refuse to settle or try to manipulate you into taking a lowball deal, they’ll have no choice but to take on our top-rated litigators in court.
Grieve your loss. Count on our top-rated Georgia trial attorneys to take care of your fight for compensation. Call our law office today to learn more. Your first consultation with an Atlanta medical malpractice attorney is absolutely free.
Do I Have a Wrongful Death Case?
If you were to get hurt in an accident in Atlanta, you’d have the right to file a personal injury lawsuit if someone else was at fault. The right to sue wouldn’t disappear if that accident were fatal. Instead, it would simply shift from the decedent (the person killed in the accident) to another party.
This is known as a wrongful death case. In Georgia, a wrongful death action can be brought when “the death of a human being results from a crime, from criminal or other negligence, or from property which has been defectively manufactured, whether or not as the result of negligence.”
Who Can Bring a Wrongful Death Case?
So, if you’ve recently lost a close family member in an avoidable accident, because of a defective product, or as the result of an act of criminal violence, you may have the right to file a wrongful death case.
Pursuant to Georgia state law, a wrongful death claim can be brought by the decedent’s:
- Spouse
- Children, or
- Parents.
If none of these parties survive the decedent, the right to file a wrongful death lawsuit belongs to the decedent’s estate (through their personal representative).
In cases involving the wrongful death of an adult, the spouse always receives priority for filing and recovering damages. In cases involving a child, the parents have priority in wrongful death litigation.
Advocating for Families in All Types of Atlanta Wrongful Death Cases
Depending on the circumstances, almost any act of negligence or violent criminal act can potentially be fatal.
At The Moses Firm: Medical Malpractice Lawyers, we have decades of hands-on experience litigating wrongful death cases for families who’ve lost loved ones in Atlanta because of:
- Car accidents
- Truck accidents
- Bicycle accidents
- Pedestrian accidents
- Bus accidents
- Motorcycle accidents
- Medical malpractice
- Nursing home abuse
- Birth injuries
- Defective products
- Slip and fall accidents
- Construction accidents
- Workplace accidents
- Dog bites
- Assault
- Sexual assault
- Boating accidents
- Aviation accidents
If you believe that your family member’s death could have been avoided, don’t hesitate to reach out to our top-rated Georgia wrongful death attorneys in Atlanta to discuss your situation. We’re here to answer your questions, listen to your story, and help you determine the best course of action moving forward.
How Much Is My Wrongful Death Case Worth?
It’ll depend. Georgia law permits the plaintiff in a wrongful death case to seek damages that represent the “full value” of the decedent’s life.
It’ll be important to consider things like:
- The degree to which your family member supported you and others financially
- Their income and earning capacity
- Their age and life expectancy before they died
- The ways in which your family member contributed to your family and household in non-monetary ways, such as raising a family, cooking, cleaning, and supporting others’ aspirations
More subjective losses can be considered, too, like loss of relationships and loss of enjoyment of life.
Your claims’ value can also depend on the costs you’ve had because of your loved one’s death, such as medical bills, lost wages, and funeral expenses. The more significant these costs, the more your wrongful death case might be worth.
What Damages Can Be Awarded in a Successful Wrongful Death Claim?
In Georgia, wrongful death cases allow two types of compensation: (1) damages representing the “full value of the decedent’s life,” and (2) separate estate-related damages such as medical bills, funeral expenses, and pain and suffering prior to death.
This can include both economic damages and non-economic damages for things like:
- The value of anticipated income, wages, business interest, and retirement benefits
- Household support and services
- Lost companionship, support, care, and guidance
- Pain and suffering prior to death
- Medical bills incurred prior to death
- Funeral expenses
Punitive damages can also potentially be awarded if your family member’s death was the result of another’s intentionally harmful actions or gross negligence. However, punitive damages – which are designed to punish and deter reprehensible actions – can only be awarded by a jury if your wrongful death case goes to trial.
How Does Georgia’s Comparative Fault Rule Affect Wrongful Death Litigation?
If your family member is blamed for the accident in which they were killed, it can affect your ability to recover compensation through a related wrongful death lawsuit. Georgia’s modified comparative negligence rule provides that damages in a personal injury claim – including those related to wrongful death – can be reduced in direct proportion to fault.
In other personal injury claims, the plaintiff’s shared fault is taken into account. In wrongful death cases, it’s the decedent’s contributory fault that matters. Damages can be awarded to the surviving spouse, parent, or child if the decedent’s shared responsibility was not greater than 49 percent.
For example, if your parent was killed in a car accident in Atlanta and assigned 10 percent of the blame for the deadly crash, your wrongful death settlement or jury award would be reduced by 10 percent. Damages can be barred if the decedent’s contributory fault was equal to or greater than 50 percent.
What Does It Cost To Hire a Wrongful Death Attorney in Atlanta?
Losing someone you love and rely on can be costly. Hiring an attorney to help you fight for justice shouldn’t make life more stressful. That’s why The Moses Firm: Medical Malpractice Lawyers represents grieving families on a contingency fee basis.
It costs nothing to hire our personal injury law firm in Atlanta until we’ve won compensation for your wrongful death case. If we don’t win, you don’t pay. End of story. When we obtain a settlement or secure a verdict for your family at trial, our attorney fees will be deducted from that monetary award.
How Long Do I Have To Pursue Compensation Through a Georgia Wrongful Death Claim?
Georgia law establishes a two-year timeframe in which you can seek compensation for the wrongful death of a loved one. The statute of limitations begins to run on the date of their death. If they survived their injuries for some time – days, months, or years – the clock on your legal claim doesn’t start to tick until they pass away.
You must file your claim by the second anniversary of their passing. Once the statute of limitations runs out, you give up the right to pursue compensation from those at fault.
Schedule a Free Consultation With an Experienced Atlanta Wrongful Death Lawyer
Don’t hesitate to contact the experienced legal team at The Moses Firm: Medical Malpractice Lawyers if you’re navigating the unexpected and painful death of a family member after an accident in Atlanta, Georgia. You have rights as their surviving heir.
Our Atlanta wrongful death lawyers can provide the high-quality, compassionate legal representation you need to take a stand and leverage a meaningful financial award. We’ve helped clients recover hundreds of millions of dollars in personal injury damages.
Now, we’re here to fight for you and your grieving loved ones in the aftermath of a tragic accident, too. Call us to schedule a free case review.