Wrongful Death Lawyer in Atlanta
Did You Lose a Loved One in an Accident in Georgia? Call Our Experienced Wrongful Death Lawyer in Atlanta for Help Today
Although there are many different types of personal injuries that could be caused by a motor vehicle wreck, fall, or another type of accident, it is often said that the ultimate personal injury is wrongful death. Unfortunately, accidents are the fourth leading cause of death in the United States, with estimates from the Centers for Disease Prevention and Control (CDC) revealing that roughly 225,000 people are killed each year from unintentional injuries. According to other statistics from the CDC, motor vehicle accidents and fall deaths are two of the top three common causes of accidental deaths. Sadly, our experienced wrongful death lawyer in Atlanta knows that most of these accident-related fatalities are entirely preventable.
Here at Prieto & Spoo Law, our wrongful death law firm and personal injury lawyers can help families after the loss of a loved one. We understand that, not only is the loss of a loved one physically and emotionally difficult, but the financial repercussions from the loss of a loved one can be outright overwhelming. Our compassionate legal team knows that no amount of compensation can bring back a loved one. However, this does not mean that families cannot recover the compensation that they deserve to cover emergency medical bills, burial costs, funeral expenses, lost income support, and other damages. If you lost a loved one in an accident in Florida or Georgia, particularly in Newnan, Peachtree City, Fayetteville, Riverdale, the surrounding Atlanta area, or anywhere else in either state, call our wrongful death lawyer in Atlanta to schedule a FREE case evaluation.
Are all Deaths a Wrongful Death in Georgia?
No, not all deaths are wrongful deaths under Georgia law.
In order to be considered a “wrongful death,” there are certain elements which must be satisfied. Under Georgia Code section 51-4-1 (1), a wrongful death occurs when “the death of a human being results from a crime, from criminal or other negligence, or from property which has been defectively manufactured, whether or not as the result of negligence.” Based on this statute, a family must establish more than just the death, but also either the underlying negligence or criminal conduct.
Therefore, an individual’s death must have been caused by the acts or omissions of another party, whether such actions be intentional, negligently, grossly negligent, or due to a defective product. This can include motor vehicle accidents, premises liability cases such as slip and falls or trip and falls, dog bites, animal attacks, medical malpractice, nursing home abuse, and other types of serious or catastrophic accidents. Wrongful death actions may also be due to intentional conduct such as battery or murder. Due to the nature of having to prove and connect the death to wrongful conduct, it is always recommended that a family contact an experienced wrongful death lawyer in Atlanta for help handling a case.
Who Can Start a Wrongful Death Action in Georgia?
Not everyone can commence a wrongful death action. Rather, Georgia law sets forth specific individuals who have “standing,” or the right to seek relief. Under Georgia Code section 51-4-2, such individuals who have standing to start a wrongful death action in Georgia include the following:
- The surviving spouse of the decedent
- If there is no surviving spouse, the surviving child or children of the decedent
- If there is neither a surviving spouse or child, the surviving parent or parents of the decedent
However, if there is neither a surviving spouse, child, or parent, the administrator (when there is no last will, the person who commences an estate proceeding in probate court) or the executor (the individual appointed in a last will) of the decedent’s estate can bring a wrongful death action.
This “catch all” provision is included under Georgia Code section 51-4-5 (a), and it is very important because it allows a court to have discretion to appoint an individual who is not a direct family member – but who may still have a basis for seeking damages – commence a wrongful death action. Essentially, this provision recognizes the fluidity of family dynamics and non-traditional families, and prevents an injustice for those who were very close to the decedent. However, it is not automatic and it definitely requires the assistance of an experienced wrongful death lawyer in Atlanta to help ensure everyone’s rights are protected.
What Damages Can Be Recovered in a Wrongful Death Action?
Parties to a lawsuit can obtain “damages,” or the relief that they seek the court to award them. Georgia law also sets what type of damages that can be recovered in a wrongful death action. This includes the following:
Under Georgia Code section 51-4-2, the “full value” of the victim’s life can be obtained in a wrongful death lawsuit. This includes both an economic and noneconomic component. Economic damages are those which are readily calculable or discoverable, such as lost wages, lost earnings, lost income support, benefits, and other related figures. In contrast, noneconomic damages are those which are difficult to measure because they are intangible. This includes aspects such as loss of enjoyment, loss of consortium, loss of guidance or protection, and other pleasures or enjoyment of life.
Under Georgia Code section 51-4-5:
- Funeral costs
- Burial expenses
- Medical bills, and
- Other necessary expenses incurred as a result of the injury and the death of the decedent that a wrongful death lawyer in Atlanta could recover for you.
How Long Do I Have to File a Wrongful Death Action in Georgia?
As if dealing with the loss of a loved one was not complicated and difficult enough, unfortunately there is also a time limit on how long a family has to commence an action. This is known as the statute of limitations period, and is a procedural bar in a case. Generally, the statute of limitations period for wrongful death is two years from the date of death. However, there are some exceptions which may shrink this time (municipal defendants) or exceptions which may expand this time (involving criminal charges). Therefore, it is always recommended that families immediately contact a wrongful death lawyer in Atlanta like ours for help after the suspicious death of a loved one.
What is a Survivorship Action?
Some states, including Georgia, recognize something known as a survivorship action. This is similar to a wrongful death action, however, it involves the claim which the decedent would have had if he or she would have lived. That generally means pain and suffering from the accident, and suffering which ultimately caused the victim’s injuries. Essentially, a survivorship action allows a family to step into the victim’s shoes and seek the damages that the victim would have been entitled to. After a wrongful death, families may bring one or both types of actions.
Did You Lose a Loved One in a Personal Injury Accident in Georgia? Call Our Experienced Wrongful Death Lawyer in Atlanta for Help
If your family lost a loved one in a personal injury action, you should call Prieto & Spoo Law. Our compassionate and experienced wrongful death lawyer in Atlanta can help you and your family fight back after the wrongful death of a loved one. We will not let defense lawyers and insurance adjusters protect dangerous drivers or negligent property owners. Call us today by dialing 678-961-0253 or by sending us a message here to learn more about your rights to compensation and how we can help you. We offer FREE consultations and only get paid after you get paid in a settlement, verdict, or another type of award in our case.
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