Wrongful Death

At Greathouse Trial Law, our knowledgeable and experienced wrongful death attorneys help clients pursue fair and appropriate compensation in wrongful death cases.

Atlanta Wrongful Death Attorneys

Losing a loved one is never easy. However, when someone else’s negligence or recklessness caused your loved one's death, it's an even more agonizing experience. While moving through the grieving process, you must deal with bills related to the wrongful death. At the same time, the insurance company refuses to provide fair monetary compensation and might even be bullying you to take a small settlement. You may be wondering how a wrongful death lawsuit works and whether or not you should take legal action.

At Greathouse Trial Law, our wrongful death attorneys understand the devastation of losing a loved one due to a negligent act by the at fault party. We have guided many clients through this civil action, helping them navigate the process while upholding their legal rights. Let us file a wrongful death claim against the responsible parties and help ease the burden of grief while we pursue monetary damages on your behalf. Although financial compensation cannot bring your loved one back, it can help you maintain your standard of living and provide security for you and your family.

Was a loved one's death negligently caused by someone else?  Contact us at (678) 310-2827 to schedule your free consultation.

Key Takeaways About Wrongful Death Cases in and around Atlanta

  • Each state has its own wrongful death statute. In Georgia wrongful death claims, a family member or representative of the decedent's estate can pursue a wrongful death claim on behalf of the individual who is no longer alive due to someone else's negligence.
  • In Georgia, a surviving husband or wife, children or parent's of the deceased or the representative of the deceased's estate can file suit.
  • In cases where the death occurred due to at-fault party's recklessness or intent, punitive damages may be awarded.
  • If an insurance company refuses to pay reasonable monetary damages, individuals with standing under the law can file suit.
  • Working with experienced wrongful death attorneys to pursue a wrongful death settlement is advisable, due to the complexities of state law and the discovery process. There are no legal fees unless and until they win your case.

Common Causes of Wrongful Deaths in and around Atlanta, Georgia

Wrongful deaths in Georgia have various causes, each presenting unique challenges and legal considerations. Some common causes of wrongful deaths include:

  • Motor Vehicle Accident: Fatalities due to a motor vehicle accident, whether due to reckless driving, driver negligence, or road conditions, are unfortunately a common cause of wrongful death cases.
  • Medical Malpractice: Medical malpractice occurs when healthcare providers fail to meet the standard of care expected in their profession, leading to patient harm or death. Instances of misdiagnosis, surgical errors, medication errors, or negligent treatment can lead to wrongful death claims.
  • Workplace Accidents: Fatal incidents at workplaces due to unsafe conditions, lack of proper safety protocols, or employer negligence can prompt wrongful death lawsuits.
  • Defective Products: Deaths caused by defective products, including vehicles, machinery, pharmaceuticals, or consumer goods, may lead to product liability claims against manufacturers, distributors, or retailers.
  • Premises Liability: Fatalities occurring on someone else's property due to negligence in maintaining safe premises, inadequate security measures, or failure to warn about hazards can be grounds for wrongful death actions.
  • Nursing Home Abuse: Wrongful deaths in nursing homes can occur due to neglect, abuse, medical errors, or improper care provided to vulnerable residents.
  • Criminal Acts: In cases where a wrongful death is due to a criminal act such as murder, assault, or manslaughter, the responsible party may face civil liability in addition to criminal charges.

These are just a few examples of common causes of wrongful deaths in Georgia. Medical malpractice stands out as a significant contributor to wrongful death cases, highlighting the importance of proper medical care and accountability within the healthcare system.

If you believe you have a wrongful death case based on any of these causes or others not listed here, seeking legal counsel from a knowledgeable and experienced wrongful death lawyer will help you understand your rights and pursue justice for your loved one.

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Who Has Standing to Pursue a Wrongful Death Action in Georgia?

In Georgia, the following individuals may be able to bring a wrongful death lawsuit:

  • Surviving Spouse
  • Children of the deceased, including biological and adopted children
  • Parents, if there is no surviving husband, wife, or children
  • Representative of the Estate: In cases where the deceased individual did not have a spouse, children, or parents, a duly appointed representative of the decedent's estate may have the authority to initiate a wrongful death lawsuit.

Compensation From Wrongful Death Claims

In Georgia wrongful death lawsuits, the family members of deceased loved ones can pursue compensation, also known as damages, for multiple losses they have suffered due to the wrongful death, including:

  • Funeral Expenses and Burial Costs: Compensation may cover reasonable funeral and burial expenses incurred as a direct consequence of the deceased individual's passing.
  • Medical Bills: Reimbursement for medical expenses related to the final injury or illness that led to the death of the individual.
  • Lost Wages and Future Earnings: Damages can include compensation for the lost income the deceased would have earned from the time of the injury leading to death until their expected retirement age. This may also include potential future earnings.
  • Pain and Suffering: Compensation may be awarded for pain and suffering endured by the deceased individual before their death.
  • Loss of Companionship: Surviving family members, such as a spouse or children, may be eligible for damages reflecting the loss of the deceased person's companionship and guidance.
  • Punitive Damages: In cases involving particularly egregious conduct, such as medical malpractice or medical negligence, punitive damages may be awarded to punish the at-fault party and deter similar behavior in the future.

How Does a Wrongful Death Lawsuit Work?

  1. Legal Standing: The first step is determining who has the legal right to bring a wrongful death claim in Georgia. Typically, immediate family members like spouses, children, or parents can file a wrongful death lawsuit. If none of these parties are available, the representative of the decedent's estate may have the standing to file the claim.
  2. Consultation with an Attorney: Seeking legal counsel from wrongful death lawyers is crucial. A wrongful death lawyer can evaluate the circumstances of the case, gather evidence, and advise on the legal options available.
  3. Filing the Complaint: The attorney will file a complaint in the appropriate court on behalf of the plaintiff (the person bringing the wrongful death lawsuit), outlining the details of the case, the defendant's alleged negligence, and the damages sought.
  4. Discovery: Both parties engage in the discovery process, where they exchange information, gather evidence, and prepare their respective cases for trial.
  5. Settlement Negotiations: Before going to trial, there may be settlement negotiations between the parties to resolve the case out of court. If a fair settlement cannot be reached, the case proceeds to trial.
  6. Trial: If the case goes to trial, both sides present their arguments, evidence, and witnesses before a judge and jury. The jury will then decide whether the defendant is liable for the wrongful death and determine the amount of damages, if applicable.
  7. Damages Awarded: If the jury finds in favor of the plaintiff, damages may be awarded to compensate for economic losses (such as medical expenses and lost income) and non-economic losses (such as pain and suffering).
  8. Appeals: Either party may choose to appeal the court's decision if they believe there were errors in the legal process or the judgment.
  9. Enforcement and Closure: If damages are awarded, the responsible party must fulfill the judgment. Upon completion of the legal process, the case comes to a close.

Navigating a wrongful death lawsuit in Georgia can be complex, requiring legal savvy, thorough documentation, and a deep understanding of state law. It's wise to consult a knowledgeable attorney who can protect your rights and seek justice for the loss of your loved one.

Proving Fault in Georgia Wrongful Death Cases Involves Four Elements

As experienced Atlanta wrongful death attorneys can attest, wrongful death cases in Georgia involving negligence revolve around four elements.

  1. Duty: The first element involves demonstrating that the negligent party owed a duty of care to the deceased person. This duty could vary depending on the circumstances of the case and the relationship between the parties.
  2. Breach of Duty: The next step is to establish that the negligent party breached this duty of care and failed to provide the same level of care that a reasonable person would. This breach could be in the form of an action taken or neglected, which deviated from the standard of care expected under the circumstances.
  3. Causation: It must be shown that the death occurred because this breach of duty either directly caused or significantly contributed to the loved one's death. The negligence of the defendant must be a substantial factor in bringing about the fatal outcome.
  4. Damages: Finally, it is crucial to prove that the negligent actions of the defendant led to economic and non-economic damages to the surviving family members or beneficiaries of the deceased individual.

Working with a wrongful death lawyer with profound knowledge of the legal process of a wrongful death action can provide invaluable peace of mind to a surviving spouse, immediate family members, or close relatives pursuing a wrongful death settlement.

Medical Malpractice Claims and Wrongful Death Lawsuits

Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, causing harm or injury to a patient. In a wrongful death action involving medical malpractice, the family member or the representative of the decedent's estate filing the wrongful death lawsuit (the plaintiff) must demonstrate that the defendant's negligence, recklessness, or intentional actions directly caused the death.

The Four Legal Elements in Proving Negligence Leading to a Wrongful Death

With the help of a wrongful death lawyer, immediate family members or the representative of the decedent's estate must establish the four legal elements required for a wrongful death claim, but this must be done under the terms of demonstrating medical malpractice for the negligence component before causation and damages:

  1. Duty of Care: The healthcare provider owed a duty of care to the patient.
  2. Breach of Duty: The provider breached this duty through actions or omissions.
  3. Causation: The breach of duty directly caused the death of the patient.
  4. Damages: Surviving family members incurred quantifiable damages due to the death, such as funeral expenses, lost income, and emotional suffering.

Evidence in Medical Malpractice Wrongful Death Claims

Medical records, expert testimony, and other documentation demonstrate the standard of care, deviation from it, causation, and consequential damages.

As experienced wrongful death lawyers know, medical malpractice cases can be resolved through settlements or taken to trial if a fair settlement cannot be reached. When seeking a wrongful death lawyer, look for someone with extensive trial experience and profound knowledge of insurance company tactics.

Statute of Limitations for Wrongful Death Lawsuits in Georgia

In Georgia, the statute of limitations for filing wrongful death claims is generally two years from the date of the individual's death. Whether caused by medical negligence constituting medical malpractice, a motor vehicle accident, a workplace injury, or another circumstance, if you want the at-fault party to be held responsible, seeking the assistance of experienced wrongful death lawyers is often the right choice for your family.

 

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Do I Need an Attorney to Pursue a Wrongful Death Lawsuit in Georgia?

Wrongful death claims can be complex. For a family member moving through the grieving process, hiring an attorney to handle the legal claims and litigation process involved in a wrongful death lawsuit is a smart decision. While it's not required to work with a wrongful death lawyer in Georgia, the pursuit of financial support after the unexpected loss of a loved one is too important to leave to chance.

Furthermore, an insurance company will typically prioritize its own interests above your financial compensation and desire to hold the responsible parties accountable in the aftermath of a wrongful death. You need an attorney who understands insurance company tactics and can take the fight to them on your behalf. If the insurance company refuses to pay fair and reasonable compensation, your attorney can file a civil lawsuit for you before the statute of limitations expires.

If the case proceeds to a jury trial or a bench trial in front of a judge, your attorney can argue the merits of your case for financial compensation and non-economic damages, drawing upon extensive knowledge of the Georgia wrongful death statute and previous trial experience.

Getting started is as easy as scheduling a free case evaluation.

Thinking of Pursuing a Wrongful Death Lawsuit? Discover Why It's Greater with Greathouse

At Greathouse Trial Law, Greater with Greathouse is not just a catchphrase ~ it's our law firm’s mission. Our law firm focuses on personal injury cases including car accidents, motorcycle accidents, truck accidents, bicycle accidents, premises liability, slip and fall accidents, drunk driver accidents, wrongful death, and medical malpractice in and around Atlanta and throughout Georgia.

Our founder, Riah Greathouse, served his community for several years as an Assistant District Attorney in Fulton County, where he prosecuted cases ranging from drugs to violent felonies throughout the county. His service as a prosecutor yielded a tremendous amount of courtroom experience, allowing him to attack personal injury cases with tenacity, often proving to be beneficial in securing a favorable resolution.

Riah's experience as an insurance defense lawyer on behalf of insurance companies gives him a unique advantage when representing injured clients. In this role, Riah noticed the insurance companies treated victims with legitimate injuries unfairly, making it as difficult as possible for them to seek compensation. That's when he vowed to make a difference.

When you work with Greathouse Trial Law, you will experience:

Greater Health

We will connect you with the best doctors available after your injury, to get you through your recovery.

Greater Communication

Open lines of communication with our office, as well as the providers charged to help you.

Greater Representation

A fighter on your side against the insurance companies and their attorneys

Contact us at (678) 310-2827 or complete our online form to schedule your free case evaluation.

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