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Atlanta Wrongful Death Attorney

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If you have lost a loved one due to an accident or illness that you believe could have been prevented, you should speak with an Atlanta wrongful death lawyer who understands personal injury law and how to protect your rights. Henningsen Injury Attorneys, P.C. has helped many families recover damages after losing a loved one to negligence. Although there is nothing that can make up for the loss of your loved one, working with an attorney who can handle the financial and legal aspects of your case can be of great assistance to you at this time.

We recently achieved a $1,000,000 settlement for our client who tragically lost her husband in an apartment fire. We’ve recovered millions of dollars on behalf of past clients, and we are ready to do the same for you. Contact us online or call us at 404.800.6356 today.

Our firm is available to clients around the clock, and we also accept all cases on a contingency fee basis – which means that you won’t be expected to pay us any fees unless we are able to favorably resolve your case. If you are ready to take the first step, we encourage you to get in touch with our wrongful death attorney in Atlanta as soon as possible.

Contact our firm 24/7 to set up your free initial consultation or call us at 404.800.6356 today!

How Is Wrongful Death Determined?

This can be challenging, and may not always be apparent at first. A wrongful death claim will arise when a person dies due to the legal fault, or negligence, and another individual. Wrongful death means that their loved ones can take legal action against the liable party. Many different circumstances can lead to a wrongful death lawsuit, such as medical malpractice, motor vehicle accidents, toxic torts, manufacturing defects, or criminal activity. Every state has its own wrongful death statute with its own procedure and criteria for bringing a wrongful death claim.

Enlisting the expertise of a wrongful death attorney can help you understand your state’s procedure for these cases and can help you understand your rights. In almost any kind of wrongful death case, it is important to move quickly. For instance, witness statements or video footage of the crime or accident can help in proving negligence. It’s crucial that you contact someone with the experience to guide you through the process of filing a wrongful death claim.

What Type of Accidents Cause Wrongful Death?

Nearly any type of accident could be considered a wrongful death claim if it was brought on by another individuals reckless or negligent actions. This can include:

  • DUI accident
  • defective products
  • poorly designed buildings
  • equipment malfunctions
  • medical malpractice
  • and much more

Who is Eligible to File a Wrongful Death Claim in Georgia?

Wrongful death suits can be filed by a member of the decedents family, through a representative. This representative is usually the executor of the decedent’s estate. Georgia’s state laws clearly define who may be eligible to pursue a wrongful death lawsuit. Only the following people may recover compensation:

  • Spouse of the decedent
  • If no spouse, then the children
  • If no spouse or children, then the living parents of the decedent
  • If no spouse, children or parents, then the administrator of the decedent’s estate

Types of Wrongful Death Damages

Survivors of the decedent may be eligible to collect compensation for medical bills, funeral expenses, and if applicable, punitive damages. Georgia law states that wrongful death claims may be used to recover “the full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived.” These wrongful death damages can include economic components, such as lifetime income or the value of the enjoyment of living or loss of companionship.

Damages that survivors of the deceased can claim in a wrongful death lawsuit:

  • Loss of work or retirement benefits
  • Loss of future wages
  • Compensation for the deceased’s suffering, prior to their death
  • Pain and suffering on the surviving family
  • Loss of relationship compensation for a child, spouse or parent

Distributing Wrongful Death Damages

As mentioned in the list above, the first beneficiary is always the spouse of the decedent. If the decedent is survived by a spouse and three children than that spouse is responsible for distributing damages to their children. In Georgia, the spouse gets 1/3 of the damages. For example, if the decedent was survived by their spouse and two children, then the spouse would keep 1/3 of the damages and he/she would distribute the remaining 2/3 to their children. However, if the decedent is survived solely by their spouse, then the spouse is entitled to keep 100% of any amount recovered in their wrongful death case.

Who Can Be Sued for Wrongful Death in Georgia?

Almost any person or entity can have a wrongful death suit brought against them. Not only other individuals, but companies, and even government agencies can be held at fault for negligent behavior. The designer or builder of a faulty roadway, for example, or the manufacturer, distributor, or installer of a faulty or dangerous part of a vehicle. Certain people, however, have immunity from wrongful death prosecution and cannot be sued.

How Long Do I Have to File a Wrongful Death Claim in Atlanta?

According to the statute of limitations in Georgia, those who have suffered the negligent loss of a loved one have two years from the date of their family member’s passing to bring a claim against the responsible party. If you wait until the statute of limitations has expired, you would be prohibited from seeking damages. For this reason, it is highly recommended that you move quickly to speak with a wrongful death lawyer at our Atlanta firm. Even if you believe that the statute of limitations has already come and gone, it is important to remember that there are certain exceptions to this rule.

For example, the clock typically stops running when the wrongful death of your loved one has prompted a separate criminal case. The time limit would be suspended until the criminal proceedings have ended, so you may have more time to file a claim than you think. Similarly, Georgia law also allows family members to file their wrongful death claim up to seven years after the date of death if the deceased person’s estate is subject to delay when going through the probate process. Even so, you shouldn’t make any assumptions about your case until you have spoken to a legal representative.

No Recovery, No Fee – Set Up a Free Consultation 24/7

If you have considered filing a claim, the first thing you should do is talk to an Atlanta wrongful death attorney who has experience handling these types of cases. Wrongful death claims can be complicated, as there may be a statute of limitations or other deadlines that can affect the case. There is no way to predict how long it will take to settle your claim, but you can rest easier knowing that the vast majority of cases are settled prior to trial. During this challenging time in your life, you deserve a legal advocate who will stand up for your rights and pursue the compensation that you deserve.

Contact us online or call us at 404.800.6356 today to discuss your case during a free initial consultation.