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Experienced Atlanta Wrongful Death Lawyers

Losing a family member is a devastating experience. Tending to your own grief while attempting to navigate complex legal claims against negligent individuals or corporations is an overwhelming burden.

If you intend to file a wrongful death claim on behalf of a loved one, don’t do it alone. It is in your best interest to work with an experienced Atlanta wrongful death lawyer who can evaluate your case and determine if you have legal standing to file a claim under Georgia law.

Mabra Law is a personal injury law firm dedicated to helping surviving family members secure fair financial compensation and full justice for their losses.

What Constitutes Wrongful Death in Georgia?

First, let’s take a look at what counts as wrongful death. It’s important to distinguish deaths that result from accidents that are deemed no-fault and deaths that result from accidents that are deemed wrongful.

The key in a wrongful death lawsuit is that the accused owed the deceased victim a certain level of care and, due to negligence, failed to deliver that level of care. To gain more clarity, we’ll provide a few examples of some of the most common causes of wrongful death.

Traffic Accidents

If your loved one died in an auto accident caused by a driver operating a vehicle recklessly, while texting, or under the influence of drugs or alcohol, you may have grounds for a claim.

Medical Malpractice

Medical malpractice occurs when a healthcare professional fails to provide a reasonable standard of care, leading to a patient’s death. Fatal surgical errors and misdiagnoses are common examples.

Workplace Accidents

Employers are legally required to maintain a safe working environment. Fatalities caused by missing protective gear, unsafe machinery, or unaddressed hazards can warrant a wrongful death claim.

Who Can File a Wrongful Death Claim in Georgia?

Under Georgia law (O.C.G.A. § 51-4-2), legal standing to bring a claim follows a strict statutory hierarchy:

• Surviving Spouse: Holds the primary right to file. If there are surviving children, the spouse represents their interests as well and receives no less than one-third of the total recovery.
• Surviving Children: If there is no surviving spouse, the deceased’s children may file.
• Surviving Parents: If the victim leaves behind no spouse or children, the parents hold the right to bring an action.
• Executor or Estate Administrator: If no surviving spouse, children, or parents exist, the estate representative may file an estate claim (O.C.G.A. § 51-4-5) for the benefit of the heirs.

How Do I File a Wrongful Death Claim in Georgia?

The process for filing a wrongful death claim in Georgia depends on the nature of the accident and the party (or parties) that you need to sue. Generally speaking, however, the first step is to hire a wrongful death attorney to conduct a comprehensive investigation. This will allow your attorney to preserve the available evidence before it disappears, and then your attorney can examine the evidence to determine what type of claim (or claims) he or she can file for you.

Another key step in the process is determining how much you and your family are entitled to recover. The damages that are available to grieving family members will be substantial in many cases. Relying on his or her experience, your attorney will be able to accurately calculate the economic and non-economic damages that are available in your case under Georgia law. If a claim for punitive damages is warranted, your attorney will be able to calculate and seek these damages as well.

Can I Hire an Atlanta Wrongful Death Attorney on Contingency?

Yes, at Mabra Law we handle all wrongful death cases on a contingency-fee basis. This means that it costs nothing out-of-pocket to hire one of our attorneys to assert your (or your family’s) legal rights. If we secure a settlement or verdict, our legal fees will be calculated as a percentage of the amount we help you and your family recover.

What Else Do I Need to Know About Hiring an Attorney to File a Wrongful Death Claim?

Many people struggle to decide whether they should speak with a wrongful death attorney. But, given the substantial costs of losing a loved one too soon—and the fact that hiring an attorney costs nothing out of pocket—the reality is that you have no reason not to seek experienced legal representation. Our attorneys are here to help, and we are more than happy to provide all of the advice and information you need to feel confident in your next steps.

When you contact us, you are under no obligation to move forward with filing a wrongful death claim. But, if you decide to move forward, you can rest assured that we will do everything we possibly can to help you and your family. To start the process, contact us for a free consultation today.

Why Should You Work With an Attorney on a Wrongful Death Claim?

Now that you have a general sense of wrongful death accidents, it’s time to look more closely at how these legal claims work. Why is it crucial that you work with Atlanta personal injury lawyers when filing a wrongful death claim?

Proving Your Case & Establishing Due Compensation

Proving a wrongful death claim requires establishing three core elements:

1. That specific breach directly resulted in the loss of life.
2. The at-fault party owed the deceased a reasonable duty of care.
3. The party breached that duty through negligent or intentional behavior.

Proving negligence isn’t always an easy thing to do. Oftentimes, you’re proving the absence of something (i.e. attentive driving or thorough medical care) rather than proving the presence of something. Recreating the incident and providing the necessary proof is something attorneys are familiar with but that most people are not.

Wrongful death statute of limitations has a two-year deadline to file a claim. That’s two years from the date of the deceased person’s passing, so don’t delay and contact our accident lawyers with experience and a track record of success.

Establishing Due Compensation Is Complicated

When you’re filing a wrongful death claim, the objective is to seek justice and to receive the maximum compensation you are owed from the negligent party. Once again, quantifying how much you are owed due to a loved one’s loss of life is not always easy. Financial compensation can cover:

• Pre-death medical costs associated with the fatal incident.
• Funeral, burial, or memorial service expenses.
• Loss of future earnings and financial support the deceased provided to dependents.
• Loss of care, companionship, guidance, and emotional support.

In order to establish the amount of money you are owed from the liable party, it is important to compile relevant documents. These can include things like medical bills, pay stubs, financial obligations that are no longer taken care of by the deceased’s income, and more.

In a personal injury lawsuit, you should not handle it alone. The at-fault party will usually have attorneys representing them.

Protecting Your Rights Against Insurance Companies

Typically, the accused’s insurance company is the responsible party for providing financial compensation in a wrongful death settlement. As you can imagine, insurance companies are armed with their own attorneys.

These attorneys typically have the primary objective of getting the plaintiff to agree to the lowest settlement possible, regardless of any emotional distress they create in the process.

Fighting a team of attorneys without an attorney of your own is not something any citizen should have to do. Before entering into any sort of communication with the accused or their insurance company, even the playing field with a legal professional.

Work with an experienced personal injury law firm who will not only provide you with proper legal action but will also protect your legal rights during this difficult time. Work with a personal injury firm with a high success rate like Mabra Law.

Our Wrongful Death Lawyers in Atlanta Are Here to Fight for You

If you have recently lost a loved one to a case of wrongful death, you don’t have to fight the legal process for justice and fair compensation alone. Instead, work with Mabra Law, who can fight for your legal rights and help you regain financial stability during this devastating time.

Mabra Law represents families across Georgia who are filing personal injury claims, property damage claims, wrongful death claims, and more. If you believe you have a case, contact us today for a free legal consultation.