Wrongful Death Attorney Atlanta

Wrongful death lawsuits involve a very specific area of personal injury law. That’s why you need experienced wrongful death lawyers who have deep knowledge and experience in preparing your wrongful death case. Your Atlanta wrongful death lawyer will act as an advocate on your behalf as you navigate the often confusing civil court system.

Each state, like Georgia, has a civil “wrongful death statute,” or collection of statutes, which establish the procedures you have to follow to file a wrongful death claim.

Wrongful death in Georgia is a cause of action created by statute, which means that it is governed by a law passed by the legislature. A wrongful death claim in Atlanta may be brought if there’s a death arising from negligent, reckless, deliberate, or criminal activities by a different individual, medical care provider, business, or company.

The office of Conoscienti & Ledbetter is exactly the kind of legal team you want on your side when you’re filing a wrongful death lawsuit in Atlanta. They are considered experts in the field, and wrongful death is one of their primary practice areas. Contact us and schedule a confidential free consultation with our experienced wrongful death attorney. 

The purpose of a wrongful death claim is to compensate families who are left without their loved one due to someone’s carelessness or a willful act. Though a lawsuit cannot bring back your loved one or make up for their death, the intention of a wrongful death claim is to ensure the surviving family members receive monetary compensation for their loss.

A wrongful death case is brought on behalf of the victim’s estate and litigated by a wrongful death attorney; any compensation awarded goes to the surviving family members. 

If a person is killed during a crime, such as during a robbery or assault, or if a person, company, or entity caused an accident or permitted conditions that resulted in someone’s death, such as a bad medical device, it can potentially result in a wrongful death compensation as per the Georgia wrongful death laws. 

Parties in a Wrongful Death Lawsuit

The person bringing civil litigation is known as the “plaintiff.” When a person without a will passes in Georgia, a court like the Dekalb Probate Court or Fulton County Probate Court will appoint an executor or personal representative of property. In that case, the plaintiff in the suit is ordinarily the estate’s executor or personal representative.

The individual or entity against whom the suit is brought is the “defendant.” The suit will make the claim that the defendant acted in an intentional or negligent manner and has been responsible for the untimely death of the deceased individual.

Factors Involved in Atlanta Wrongful Death Claims

In order for a person or another entity (like a medical professional) to be held legally accountable for the death, four factors must be present:

1. Negligence: The plaintiff must show the court that the defendant in question was negligent and that it was the defendant’s clear negligence that caused the deceased’s death. Plaintiff is entitled to any damages. Your wrongful death attorney must show that the defendant was negligent and that their negligence resulted in a death.
2. Duty of care: Your Atlanta wrongful death lawyer must prove that the defendant owed a duty of care to the deceased, such as a doctor to a patient, a caregiver to someone in their charge, or the driver of a vehicle.
3. Breach of duty: You must prove to the court that the defendant failed to live up to that duty, whether intentionally or through negligence. The plaintiff has to prove that the defendant violated the duty of care owed to the plaintiff. 
4. Causation: Finally, your Atlanta, GA, wrongful death attorney must demonstrate beyond a reasonable doubt that the specific actions or inaction on the part of the defendant are what caused the death to occur. 

The Burden of Proof in a Wrongful Death Lawsuit

The plaintiff’s estate, through their wrongful death attorneys in Atlanta, is required to meet the legal standard of burden of proof before the court.

In Georgia, like in most states, you have to prove your case with a preponderance of the evidence. That means the facts and evidence presented to the court in Atlanta must support the four criteria listed above, meeting the legal definition of responsibility for a wrongful death action. State laws vary, and it’s important to speak with a qualified wrongful death attorney in Atlanta, Georgia.

While lots of wrongful death claims in Atlanta are solved by pre-trial settlement arrangements, some can only be solved by going to trial. People often accept whatever compensation insurance companies are offering without thinking about expenses such as burial costs. If you are happy with the compensation the insurance company of the liable party has offered, you can settle your claim. But, if maximum compensation is your goal, contact an experienced Atlanta wrongful death lawyer who can help you go to court.

If you have lost a loved one, we can help. Contact our wrongful death attorneys, schedule a free consultation, and we’ll make sure you receive the monetary compensation you are entitled to.

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Damages in a Georgia Wrongful Death Lawsuit

In a wrongful death law case in Georgia, pecuniary (financial) damages are awarded based on loss of service, the anticipation of inheritance, and medical and funeral expenses. When determining financial loss, it’s pertinent to take into account the age, character, and condition of the deceased loved one, their earning ability, life expectancy, health, and intelligence, in addition to the conditions of the recipients.

Determining Financial Loss in Georgia

This determination might appear straightforward, but it often becomes a complicated inquiry, keeping in mind that the amount of damages is an actual financial loss. Normally, the primary consideration in awarding damages is the deceased’s situation at the time of passing. By way of instance, when an adult wage earner with children dies, the significant areas of the retrieval are 1) loss of earnings and 2) loss of parental guidance.

Using Experts to Determine Financial Loss

The plaintiffs can present expert testimony from financial professionals to establish the value of the deceased to his loved ones. Until recently, this testimony wasn’t admissible when a housewife died, but that rule has changed.

Punitive Damages for an Atlanta Wrongful Death Claim

Punitive damages are awarded in cases of serious or malicious wrongdoing in Atlanta to punish the wrongdoer or deter others from behaving similarly. In many states, plaintiffs may not recover or pursue punitive damages in wrongful death cases. There are a number of states, however, that have specific statutes or a law that permit the recovery of punitive damages.

Survival Actions in Georgia

A survival action, on the other hand, centers around the anguish of the deceased loved one (who attorneys and law judges frequently refer to as the “decedent”) instead of the despair and financial losses of their household. In a survival action, the decedent’s estate can recover compensation concerning the pain and suffering of the victim along with the decedent’s medical bills and lost earnings–comparable to what the individual might have recovered (but lost) in personal injury law if they had endured.