Wrongful Death Attorneys
Wrongful Death is all too frequent in the United States. Over 90,000 cases per year. Under Georgia law, it is well-established that an accident victim can take legal action to recover monetary damages for an injury caused by the negligence of another person or entity. Tort lawsuits ensure that negligent parties are held financially responsible for their actions and injured victims do not have to suffer uncompensated out-of-pocket costs.
In the event that the injured victim does not survive an accident (i.e. Wrongful Death) caused by the negligence of another, a wrongful death has occurred. If you are a surviving family member of a wrongful death victim, you would have the legal right to seek compensation for your loss. These tragic circumstances usually require the help of an experienced wrongful death lawyer so that you, as a family member of the deceased, are ”made whole” in regard to medical bills, funeral arrangements, lost income and other costs associated with the death of your loved one.
At the Law Office of W. Bryant Green, III, P.C., we have successfully helped a multitude of injury victims and their families throughout Georgia and the Southeast to seek justice and recover compensation for their loss. We understand that a wrongful death can create tremendous financial and emotional hardship for surviving family members. Our firm provides straightforward advice and strong advocacy to help clients get the best possible outcome for their case.
Making a Wrongful Death Claim
If an accident victim would have been justified in bringing a personal injury claim had they lived, then a wrongful death claim is usually appropriate. Family members who can make a wrongful death claim include spouses of the deceased, parents who lost children and children who lost parents. In some cases, siblings or other close relatives can make the claim.
Family members must show several different elements of their wrongful death case. An attorney can help to prove the following:
- The defendant had a legal obligation to the deceased. People have a general legal obligation to avoid high-risk behaviors. For example, drivers must exercise reasonable caution. Manufacturers also have an obligation to ensure that their products are safe. Establishing a legal duty can be shown if there was a relationship, however tangential, between the deceased and the defendant.
- The obligation was breached. There is a negligence standard generally used to make this determination. How would a reasonable person have acted in a similar situation? If they would have been more careful, the defendant is considered to be negligent.
- The breach directly caused the death. Did the defendant’s actions lead to the death? If so, a wrongful death claim can be made.
- There is something for which you can be compensated. These costs include medical bills or pain and suffering. Wrongful death cases allow you to recover money for both economic and non-economic losses.
If you are bringing a wrongful death claim, you have the burden of proving each of these elements. To make a strong claim, you will need the services of a knowledgeable attorney to help gather the necessary evidence for your case.
Compensation for Your Loss
In the state of Georgia, there is a statute of limitations restricting the amount of time you can file a wrongful death lawsuit. Determining appropriate compensation for your loss can be a complicated process involving many factors that establish what your case should be worth. If your family member has died due to the negligence of another, your first priority should be contacting a lawyer who can help you maximize your compensation either by going to court or negotiating a settlement with the defendant or their insurer.
Damages due to a wrongful death include:
- Medical bills that were paid prior to the death
- Funeral costs
- Lost financial support that the deceased would have continued to provide in the future
- Loss of companionship
Contact Our Atlanta, Georgia Office
At the Law Office of W. Bryant Green, III, P.C., we understand the grief you are going through and will fight for your legal rights so that you can focus on healing. Our attorneys have extensive experience and expertise helping family members who have lost loved ones. We are based in Atlanta and also represent injured people and families in matters of wrongful death in Fulton, Gwinnett, Comm, DeKalb, Bartow, Cherokee, Forsyth, Hall, Paulding, Walton, Douglas, Clarton, Coweta, Fayette, Clayton, Henry, Rockdale, and Newton counties, but may represent anyone in the state of Georgia.
Our address is:
303 Peachtree Street, N.E.,
Atlanta, Georgia 30308
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