How to Sue for a Wrongful Death in Atlanta

If someone you know in Atlanta has died due to the fault of another person or entity, like a car manufacturer or a hospital employee, the survivors can bring a wrongful death lawsuit.

A wrongful death lawsuit seeks damages and compensation for the survivor’s loss.

The damages can include lost wages from the deceased, funeral expenses, and more.

But, how do you sue for wrongful death, and who can sue for a wrongful death?

We’ll take a look at that and more in the article below.

What is Wrongful Death?

Wrongful death is when someone loses their life due to the negligence, recklessness, or criminal behavior of another person or entity.

This can happen in various ways, including car accidents, truck accidents, slip and falls, dog attacks, nursing home abuse, or assault.

If someone you know has recently passed away and you aren’t sure if you have a wrongful death case, you should contact an Atlanta Wrongful Death Lawyer as soon as possible.

Types of Wrongful Death

Wrongful death cases can result from several acts.

You could sue for wrongful death after a murder.

A wrongful death lawsuit can be filed due to vehicular manslaughter or a motor vehicle accident involving a car, truck, van, bus, motorcycle, or bicycle.

Wrongful death claims can also arise due to a workplace accident if someone was working in unsafe conditions.

Medical malpractice could also bring about a wrongful death lawsuit.

A successful wrongful death lawsuit does not have to have a successful prosecution in criminal court.

A jury may not unanimously find an accused party guilty beyond all reasonable doubt, but the burden of proof in a wrongful death claim is lower than in a criminal trial.

A civil jury in Atlanta only needs to decide if the evidence favors one side of the lawsuit over the other.

Here’s a quick list of the types of wrongful death claims most Atlanta Personal Injury Law Firms will handle:

• Fatal truck accidents – An Atlanta wrongful death attorney can help you sue the truck driver and their employer after a deadly truck accident.
• Fatal car accidents –Everyone should hire a wrongful death lawyer if their loved one was killed in a car accident.
• Defective products – Many people are killed by unsafe and defective consumer products.
• Medical malpractice – If a doctor doesn’t diagnose a fatal condition or their patient dies during a routine procedure, the victim’s relatives may sue the doctor.
• Dangerous properties – Some properties don’t have sufficient security. This allows violent criminals to target the tenants and their guests. If your loved one was killed at a property with insufficient security, you might be able to sue the property management company and the property owner.

If you’re wondering whether you have the grounds for a wrongful death claim, contact an Atlanta wrongful death lawyer with knowledge of wrongful death laws ASAP.

Wrongful Death Damages

Nothing can bring your loved ones back to life, and there’s nothing that can fully compensate you for your loss.

However, our Atlanta wrongful death lawyers can help you win the compensation that can help you pay for your loved one’s medical expenses and other financial burdens.

If you’re the deceased’s spouse, child, or parents, you may sue for wrongful death damages.

An estate representative can also file wrongful death claims.

Economic damages from a wrongful death claim are the direct financial losses sustained in the accident, such as burial costs, medical bills, funeral expenses, loss of income, loss of benefits, and loss of inheritance.

Non-economic damages are intangible and don’t have a hard dollar amount.

These are things like the loss of companionship, loss of care, pain and suffering, and loss of consortium.

Punitive damages are financial awards above and beyond economic or non-economic damages that are a consequence of the defendant’s extreme negligence or misconduct. 

How To Sue For Wrongful Death in Atlanta

Wrongful death claims need to be filed by a representative on behalf of the survivors who have suffered damage from losing their loved ones.

The representative is usually the executor of the descendant’s estate.

Some of the people able to sue for wrongful death might include:

• The immediate family members. All states allow immediate family members like spouses and children and parents of unmarried children to sue for wrongful death actions.
• Life partners, financial dependents, or putative spouses. Some states allow a domestic or life partner, or anyone financially dependent on the deceased, to sue for wrongful death damages.
• Distant family members. Sometimes distant family members like brothers, sisters, and grandparents can bring wrongful death lawsuits.
• Anyone who suffers financially. Sometimes anyone who suffers financially from the death can bring a wrongful death action for lost care or support. They don’t even have to be related by blood or marriage to the victim.
• Parents of a deceased fetus. The death of a fetus can be the basis for a wrongful death suit in some states. In several other states, the parents can only bring a wrongful death action if the child was born alive and then died. Check with your local wrongful death attorney to find out what’s allowed in your state.

The technical term for who can be sued, or the person, persons, or entity that committed the wrongdoing is the tortfeasor.

The wrongful death statute of limitations for a personal injury claim is generally two years from the date of the incident.

But no matter what the statute of limitations is, the sooner you call an Atlanta attorney, the faster they can start investigating your case.

Every minute that passes without a proper investigation makes your case more difficult to win.

How Can an Atlanta Wrongful Death Lawyer Help?

If you’ve had a loved one pass away due to someone else’s negligence, you don’t want to deal with a wrongful death claim on your own.

You should be focused on grieving and taking care of your family. You don’t need to worry about dealing with insurance companies or lawyers.

An experienced personal injury lawyer in Atlanta will know wrongful death laws. They can help you get the financial compensation you deserve.

Your attorney will have your best interests in mind, and they won’t stop until you get the wrongful death settlement you and your family deserve.

If you’ve recently experienced the tragic death of a loved one, call The Mabra Law Firm right away so you can speak with someone who knows what you’re going through.

The personal injury attorneys at The Mabra Law Firm will do what it takes to get you and your family the wrongful death recovery you deserve.

Fill out the form below to schedule your Free Consultation today.