Atlanta

Wrongful Deaths Attorney

Atlanta Wrongful Death Lawyer | Wrongful Death Lawyer Atlanta, GA — The Spencer Law Firm

Our Atlanta wrongful death attorneys understand that nothing can compensate for the feeling of losing a loved one. If you have lost a family member because of negligence or fault of another party, we empathize with the emotional turmoil and financial strain that you are experiencing after your loved one’s death. The tragic death of a loved one can have a sudden and devastating impact on your family, both emotionally and financially. Often, the effects of someone’s death do not end after the funeral. Expenses, from high medical bills to funeral costs and burial charges, can rise quickly, and it might be hard to bounce back after such a tragedy. While we cannot bring your loved one back, we can help you lessen the financial burden and secure a more stable future through a wrongful death claim or survival claim. Our law firm handles wrongful death cases on a contingency fee basis, meaning you pay no upfront fees and only pay if we recover compensation for you.

Introduction to Wrongful Death

Wrongful death occurs when a person’s life is tragically cut short due to the negligence, recklessness, or intentional acts of another party. In Atlanta, wrongful death claims provide a legal avenue for surviving family members—such as spouses, children, and parents—to seek compensation for the emotional and financial losses they endure. Under Georgia law, a wrongful death claim can be filed when a family member dies as a result of another’s negligence or criminal acts, ensuring that those responsible are held accountable. Atlanta wrongful death lawyers are dedicated to guiding families through the legal process, helping them understand their rights, and supporting them as they seek justice. Filing a wrongful death lawsuit not only offers financial relief but also helps surviving family members find closure and a sense of justice after a devastating loss.

How Can The Spencer Law Firm Help Your Wrongful Death Case?

has some of the best wrongful death accident attorneys in Atlanta, Georgia, and experienced personal injury lawyers who handle both wrongful death and personal injury cases. Through the years, we have fought for various clients and helped them recover millions of dollars. We represent injury victims in both wrongful death and personal injury cases. Our team has extensive experience negotiating with insurance companies to secure fair compensation for our clients. We not only deliver results, but we are also here to help you every step of the way. Our expertise in personal injury cases, as well as wrongful death cases, ensures you have knowledgeable advocates on your side. Our personal injury experience helps us maximize compensation for our clients. If you have a question or concern, give us a call. We provide free consultations.

Who Can File for Wrongful Death Claims in Atlanta?

Wrongful death is identified when the sudden loss of a person is caused by negligence, recklessness, or intentional or criminal acts of an individual, group, or company. The following are eligible to file a claim under Georgia law:

• Victim’s spouse (first in line to file a wrongful death claim; Georgia law requires that the victim’s spouse receive at least one third of any damages awarded, regardless of the number of children)
• Surviving children (next in line if there is no spouse)

If these individuals are unavailable or do not exist, the following are next in line:

• Parents
• Siblings
• Estate’s personal representative or personal representative (who can file the claim on behalf of the victim’s estate or the deceased’s estate)
• Children of deceased siblings
• Grandparents
• Descendants

Most Common Types of Wrongful Death Cases in Atlanta

Wrongful death cases in Georgia can arise when a person dies due to a wrongful act, a party’s negligence, another party’s negligence, a person’s negligence, gross negligence, an intentional act, or criminal or other negligence by a liable party. A wrongful death action may be brought by the victim’s survivors to seek justice and compensation when a wrongful death victim has lost their life due to such conduct.

Car Accident Death – If the victim died as a result of any type of vehicle accident or collision, including a car accident, truck accident, motorcycle accident, or a drunk driving accident, where the liable party’s negligence or wrongful act caused the death.

Product Liability Death – If the wrongful death victim passed away because of a defective product, such as food poisoning, manufacturing defect, or faulty equipment, and the claim is based on a wrongful act or party’s negligence by the manufacturer or seller.

Premises Liability Death – If the victim died due to a health hazard or any form of negligence by the property or business owner, such as a slip and fall accident, where a wrongful act or party’s negligence led to the fatality.

Medical Malpractice Death – If the victim’s death is caused or fast-tracked by any form of medical negligence, such as surgical negligence, failure to diagnose a disease, hospital malpractice, and more, where a person’s negligence or wrongful act resulted in the person’s death.

Workplace Death – If the victim died in a workplace accident, such as a car accident, construction accident, fire, slip and fall accident, or toxic exposure, due to the liable party’s negligence or wrongful act.

Nursing Home Death – If the victim’s sudden death resulted from nursing home abuse, malpractice, or negligence, the wrongful death victim died due to the other party’s negligence or intentional act.

Proving Negligence in Atlanta Wrongful Death Cases

In order to succeed in a wrongful death case in Atlanta, it is essential to prove negligence on the part of the at-fault party. This means showing that the responsible party owed a duty of care to the victim, breached that duty, and directly caused the victim’s death as a result. Experienced wrongful death attorneys in Atlanta play a crucial role in gathering evidence, interviewing witnesses, and building a compelling case to prove negligence. Under Georgia law, the burden of proof in wrongful death cases is based on a preponderance of the evidence, which is a lower standard than in criminal cases. By working with skilled wrongful death attorneys, surviving family members can ensure that the at-fault party is held liable and that their loved one’s memory is honored through the pursuit of justice.

Working with an Insurance Company After a Wrongful Death

After a wrongful death, surviving family members are often contacted by the insurance company representing the at-fault party. While these companies may offer a quick settlement, it is important to remember that their primary goal is to minimize payouts. An experienced Atlanta wrongful death attorney can protect your interests by negotiating with the insurance company and ensuring that any settlement truly reflects the value of your loss. If the insurance company denies liability or offers an inadequate settlement, your attorney can help you file a wrongful death lawsuit to seek justice. Navigating the complexities of insurance claims can be overwhelming, but with the guidance of a knowledgeable wrongful death lawyer, families can focus on healing while their legal rights are vigorously defended.

The Lawsuit Process for Wrongful Death Claims in Atlanta

Pursuing a wrongful death claim in Atlanta involves several important legal steps. The process typically begins with filing a formal complaint in court, which details the allegations against the at-fault party. This must be done within the statute of limitations to preserve your right to compensation. After the complaint is filed, both sides engage in discovery, exchanging evidence and taking depositions to build their cases. Throughout this process, an experienced Atlanta wrongful death attorney will help you prepare, gather crucial evidence, and represent your interests in negotiations or court proceedings. If a fair settlement cannot be reached, the case may proceed to trial, where a jury will determine liability and the amount of compensation owed to the surviving family members. Having a dedicated attorney by your side ensures that your family’s voice is heard and your rights are protected every step of the way.

Statute of Limitations for Wrongful Death Claims in Georgia

In Georgia, there is a limited window of time—generally two years from the date of the victim’s death—to file a wrongful death claim. Certain circumstances, such as ongoing criminal investigations or delays in probating the victim’s estate, may extend this deadline. It is crucial to consult with an experienced Atlanta wrongful death attorney as soon as possible to determine the specific statute of limitations that applies to your case. Missing this deadline can result in losing the right to seek compensation and justice for your loved one’s death. By working with a knowledgeable wrongful death lawyer, families can ensure their claim is filed on time and that they have the best possible chance of holding the responsible party accountable. Don’t wait—seek legal guidance promptly to protect your family’s future.

Categories of Compensation for Wrongful Death in Atlanta

Economic Losses – This includes loss of income or wages, lost wages, medical bills, funeral and burial expenses, funeral costs, loss of expected future earnings, loss of household services the deceased provided, loss of potential inheritance, compensation for personal expenses the deceased would have incurred, and more.

Intangible Losses – This includes mental and emotional anguish, loss of parental guidance, loss of care and companionship, trauma, and the value of the decedent’s life and the deceased’s life. Valuing human life in wrongful death cases is challenging, as it involves both economic and non-economic losses.

Punitive damages may also be awarded in wrongful death lawsuits involving gross negligence or intentional acts, to punish the defendant and deter future misconduct.

Each wrongful death lawsuit is different, and as an experienced firm, The Spencer Law Firm will take the necessary steps to ensure that you win your case. What sets our team apart is the attention to detail and the personalized service we offer to our clients. In fact, we treat all our clients in Atlanta as friends or family, which is why you can count on us to fight for you every step of the way. We help clients pursue legal action and file a legal claim through wrongful death lawsuits under wrongful death law as part of seeking justice for their loved one’s death.

The Spencer Law Firm is ready to go to great lengths and offer superior legal services for your wrongful death case. We currently serve Atlanta, Georgia, and its surrounding cities, namely Sandy Springs, Clarkston, Norcross, Lilburn, Redan, Decatur, Duluth, Tucker, Roswell, Suwanee, Johns Creek, Marietta, Doraville, Chamblee, Smyrna, Alpharetta, and more. For a free consultation with a skillful wrongful death attorney, give us a call at (404) 670-9918. We are committed to seeking justice for families affected by wrongful death.