If someone in your family has been the victim of a wrongful death incident, you have experienced an extraordinary amount of emotional suffering. At Andersen, Tate & Carr, we will do our best to help you avoid suffering any financial burdens associated with a wrongful death case. Some of these burdens can come from costly medical expenses, a loss of income and discrepancies with insurance billing.
We understand that you are going through a very difficult experience. We are here to help simplify your current situation. We aim to lift the burden off of your grieving family. We are prepared to handle legal issues, allowing you and your family to go through the grieving process in peace.
If you have recently lost a close family member, or you are a representative of someone’s estate who recently perished and has no surviving close family members, then you could be eligible for a wrongful death claim in Georgia. Our wrongful death attorneys will examine the facts of your unique case and advise you on your legal options for recovering damages caused by someone else’s negligence.
Receive a free, no obligation consultation when you schedule an appointment with an Atlanta wrongful death lawyer today. To schedule your free case review, call (770) 822-0900 or contact us online now.
Causes of Wrongful Death in Atlanta
Wrongful death incidents can occur in a vast number of ways. This wide scope exists because of a broad definition of what Georgia considers as a wrongful death.
If someone has a duty of care to others and fails to exercise this duty — such as by breaking the law and, thereby, causing someone’s death — that person may be accused of causing a wrongful death.
Some situations, like medical malpractice cases, have obvious parties who are clearly responsible for their patient’s lives. However, many more potential wrongful death situations exist where people are responsible for other’s lives. Here is a list of the most common situations that can lead to wrongful death cases.
- Car Accidents
- Truck Accidents
- Slip and Fall Accidents
- Accidents Involving Negligent Security or Hiring Practices
- Pedestrian Accidents
- Medical Malpractice Accidents
- Shootings Resulting from a Lack of Security
In any of these scenarios, there are responsible parties that are liable for the lives of others that they interact with. If they act recklessly, negligently or illegally, a person may be severely injured and possibly die from those injuries. If this is the case, a wrongful death claim may be filed.
At Andersen, Tate & Carr, we will help you determine if you should pursue a wrongful death case and what evidence you need to make your case as strong as possible. We will handle all legal matters and negotiate with insurers, taking the stress off your shoulders during what is no doubt a difficult time for you and your family.
Damages Available Through a Wrongful Death Claim
A successful wrongful death claim can allow surviving family to recover damages that resulted from the negligent act and the tragic death of their loved one.
Under Georgia’s wrongful death system, there are two types of claims that can be brought forth to seek compensation for the damages caused.
The first type of claim is brought mainly by surviving family members so that they can recover their specific losses. These monetary damages include:
- The income and benefits lost as a result of the person’s passing, potentially including all earnings the person could have reasonably brought home during their likely life expectancy
- The loss of companionship, domestic services, and other intangible positives that the deceased provided loved ones
The second type of claim seeks to recover the financial losses of the deceased so as to reimburse the estate. These estate recoveries can then be passed on to surviving family members according to the deceased’s will or the standard rules for intestate succession (aka the standard process for handling estates when there was no will).
Losses eligible to be recovered by estate actions include:
- Money spent on medical treatment for the final injury or illness caused by another party’s negligence that led to the deceased’s passing
- Expenses for burial and funeral services
- Compensation for the deceased’s pain and suffering before their death
Who Can Bring forth a Wrongful Death Claim in Georgia
Georgia’s wrongful death statutes (O.C.G.A. § 51-4-1) describe the order in which surviving family members are eligible to bring a wrongful death claim against all allegedly liable parties. If a group higher on the list is not living or does not exist, then the next group on the list will be eligible to bring forth a claim:
- The deceased’s living spouse
- The deceased’s children
- The deceased’s living parents
- The administrator of the deceased’s estate
Anyone who has lost a loved one and has a direct family relationship with the deceased can contact those higher on the above list to discuss the possibility of filing a wrongful death claim. Otherwise, the two-year statute of limitations could expire before such a claim can be filed, all but eliminating the chance that surviving family members could get the compensation they deserve from liable parties.
An Atlanta wrongful death attorney can attempt to contact those who are eligible to make a wrongful death complaint in order to discuss the possibility of filing an insurance claim or lawsuit. For this reason, surviving family members should always at least discuss their case with a knowledgeable attorney rather than assuming that someone else will make the claim on their behalf.
What To Do in a Wrongful Death Case
If someone in your family has died because of someone else’s negligence, that person’s insurance company may approach you and offer a settlement. Although this offer may be enticing, make sure you contact an experienced attorney before accepting it.
The fact is that insurers will have their company’s best interest in mind, not yours. If you hire an attorney or take the case to court, you may be entitled to much more financial compensation than the initial settlement offer would have provided.
If an insurance company has approached you or your family, contact us today and we will help you determine if you should accept the settlement.
Contact Our Team of Experienced Atlanta Wrongful Death Attorneys Today
At Andersen, Tate & Carr, we will review the case of your loved one’s fatal accident and help you get the financial compensation you and your family deserve.
Contact us today if you have lost a family member in an accident that was caused by someone else in Atlanta. Our wrongful death attorneys can help recover the damages associated with economic losses, medical expenses and the loss of consortium and companionship to a family brought about by a wrongful death.
If you are in Atlanta, call Andersen, Tate & Carr today at (770)-822-0900 for a free, no-obligation consultation to learn how we can help you.