Have you lost a loved one due to a medical error in Atlanta, Georgia? Call The Moses Firm 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 a medical provider’s negligence causes a tragic loss, Georgia law allows surviving family members to seek compensation. The Moses Firm 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 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 your loved one’s death. That’s why families in Atlanta, GA, turn to The Moses Firm for help.
Clients choose our Atlanta wrongful death attorneys because:
- We are trial-tested 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.
While your family grieves, you can 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 because of a medical provider’s carelessness 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 incident were fatal. Instead, it would simply shift from the decedent (the person killed in the incident) 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 because of a preventable medical error, 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
At The Moses Firm, we have decades of hands-on experience litigating wrongful death cases for families who’ve lost loved ones in Atlanta because of:
- Surgical errors
- Misdiagnosis or delayed diagnosis
- Medication errors
- Birth injuries
- Anesthesia errors
- Emergency room mistakes
- Failure to monitor a patient
- Failure to treat complications
- Preventable infections
These cases often require careful review of medical records, expert insight, and a clear understanding of how the provider’s actions caused your loved one’s death.
If you believe that your family member’s death could have been avoided, don’t hesitate to reach out to our top-rated 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 Family’s Wrongful Death Case Worth?
It depends. 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 factors 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.
The value of your family’s claim 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.
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 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 family’s wrongful death case. If we don’t win, your family won’t owe anything. If 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?
In Georgia, there is typically 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 if you’re navigating the unexpected and painful death of a family member after a medical error 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 medical malpractice, too. Call us to schedule a free case review.