Atlanta Wrongful Death Lawyer
Compassionate Wrongful Death Lawyers Serving Atlanta, Georgia
Losing a loved one is always painful, but when that loss is caused by someone else’s negligence or intentional wrongdoing, the grief can be overwhelming. In these cases, families may have the legal right to file a wrongful death claim to seek compensation for their loss and hold the responsible party accountable. If you are facing such a tragedy in Atlanta, consulting our experienced Atlanta wrongful death lawyer can help you navigate the legal process and fight for the justice you deserve.
Understanding Wrongful Death
A wrongful death occurs when an individual dies due to the negligence, recklessness, or intentional actions of another person or entity. Under Georgia law, a wrongful death claim can be brought by the deceased person’s spouse, children, parents, or personal representative. These lawsuits are intended to provide financial relief to the surviving family members who are suffering from the loss of emotional support, companionship, and financial stability.
Common causes of wrongful death include:
- Car accidents caused by reckless or distracted driving
- Medical malpractice where healthcare providers fail to provide an acceptable standard of care
- Workplace accidents, especially in dangerous industries like construction
- Product liability, when defective or dangerous products cause fatal injuries
- Criminal acts such as assaults or homicide
Why Choose The Wrongful Death Attorneys at Simon Bridgers Spires?
- We don’t advertise on TV and are very careful about what cases we accept.
- Because we don’t take every potential case it gives us the time to take each case seriously, with the resources and time it requires.
- We worked for tractor trailer and apartment companies defending death cases so we know the system well.
- We provide outstanding customer service and one-on-one care through every phase of your case. You will get our cell phone numbers.
- We accept claims in Atlanta, Georgia and throughout the state on a contingency fee basis, so your family does not have to worry about the price of hiring an attorney.
What Is the First Step to a Wrongful Death Claim?
A wrongful death suit in Georgia comes with many strict rules and statutes, as well as best practices for how to maximize your odds of success. Before you attempt the many steps it will take to bring and win your claim, hire an attorney for assistance. With hiring a lawyer as the first step in your claim, you will immediately improve your odds of securing a fair and just settlement award. An Atlanta wrongful death lawyer from our firm can use years of legal experience to represent your claim before an insurance adjuster, judge, and/or jury.
Client Testimonials & Reviews
See what our clients are saying about their experience with us.
I would not hesitate to recommend him.
It has been said a man who represents himself has a fool for a client. As a lawyer, when I was involved in an auto crash, I knew not to handle it myself. I have known Chris Simon for years and knew I could trust him to handle my own claim. Chris’ knowledge of the law is exceptional and his rapport w...
John Leslie
What an incredible experience from start to finish
What an incredible experience from start to finish. I was informed throughout the entire process and felt very heard during a time of distress. Tim Simon and Alex Grace went above and beyond to make my injury settlement as painless as possible and I got the help I needed to get back to my day to day...
Adnan Chowdhury
Absolutely Outstanding Attorney!
Chris Simon and the team at Simon Bridgers Spires Law Firm exceeded all my expectations! After my auto accident, Chris was incredibly helpful in explaining the entire process and even went the extra mile to offer assistance with recovery options. He was always available to answer my questions and ke...
Greg Mauk
Chris is extremely knowledgeable, confident, and timely.
Chris is extremely knowledgeable, confident, and timely.
My husband did his research after he once was rear-ended, called for a free consult with Christopher Simon, and actually benefited from his advice. He was quite impressed with Chris, that when I was badly hurt from a car accident two years ago...
D.M.
I would not hesitate to recommend him.
It has been said a man who represents himself has a fool for a client. As a lawyer, when I was involved in an auto crash, I knew not to handle it myself. I have known Chris Simon for years and knew I could trust him to handle my own claim. Chris’ knowledge of the law is exceptional and his rappor...
John Leslie
What an incredible experience from start to finish
What an incredible experience from start to finish. I was informed throughout the entire process and felt very heard during a time of distress. Tim Simon and Alex Grace went above and beyond to make my injury settlement as painless as possible and I got the help I needed to get back to my day to day...
Adnan Chowdhury
Absolutely Outstanding Attorney!
Chris Simon and the team at Simon Bridgers Spires Law Firm exceeded all my expectations! After my auto accident, Chris was incredibly helpful in explaining the entire process and even went the extra mile to offer assistance with recovery options. He was always available to answer my questions and ke...
Greg Mauk
Chris is extremely knowledgeable, confident, and timely.
Chris is extremely knowledgeable, confident, and timely.
My husband did his research after he once was rear-ended, called for a free consult with Christopher Simon, and actually benefited from his advice. He was quite impressed with Chris, that when I was badly hurt from a car accident two years ago...
D.M.
Who Owns the Case and Has the Right to File a Wrongful Death Claim?
Georgia’s laws are very specific about who can file a wrongful death claim. Certain surviving loved ones will have this right, as long as a wrongful death occurred. The State’s definition of wrongful death is the death of one person by the criminal, reckless, intentional, or negligent acts of another party. Common accidents that lead to wrongful death claims are car crashes, falls, workplace accidents, acts of violence, and medical malpractice. If a surviving family member suspects wrongful death, he or she may be able to file a claim if the law permits. Understand that the law lays out very clearly who has the sole right to control the case. This is the order of who controls the case
- The surviving spouse. The spouse of the deceased person will have the first right to bring a claim to court. They must share with any children and will receive no less than 1/3.
- Surviving children. If they are minor’s the surviving parent may bring them on their behalf. Adult children may bring their own claim instead. If a spouse files on behalf of minors, the spouse must receive at least one-third of the total recovery, regardless of the number of children.
- Surviving parents. If the deceased person did not have a spouse or children, the right to file passes to his or her parents.
- Personal representative. The personal representative of the decedent’s estate may also file in lieu of a surviving spouse, child, or parent.
The personal representative of the estate may be a family member or a professional administrator. If the decedent named a representative in his or her will, this person will take over the role. Otherwise, a judge may assign a representative during probate court. The representative will seek damages on behalf of either surviving family members or the deceased person’s estate for distribution according to Georgia’s intestate succession laws. If you are not sure whether you have the right to file for wrongful death, ask our Atlanta wrongful death lawyer.
Georgia’s Wrongful Death Statute
Georgia’s wrongful death statute (O.C.G.A. § 51-4-2) outlines who can file a claim and the types of damages that can be recovered. There are typically two parts to a wrongful death claim in Georgia:
- The Full Value of Life Claim: This portion seeks compensation for the intangible and tangible losses suffered by the decedent and their family. This includes lost wages, future earnings, and the loss of care, companionship, and emotional support.
- The Estate Claim: This part is filed by the representative of the deceased’s estate and seeks damages for funeral expenses, medical bills incurred before the person’s death, and the pain and suffering endured by the deceased before passing away.
Families have two years from the date of death to file a wrongful death lawsuit in Georgia, although there are some exceptions that can extend this time frame, such as if there is a criminal investigation related to the death.
The Role of A Wrongful Death Lawyer
Navigating the legal system while dealing with the emotional impact of losing a loved one can be incredibly difficult. This is where a wrongful death lawyer becomes invaluable. An experienced Atlanta wrongful death lawyer at Simon Bridgers Spires will guide you through the legal process, provide compassionate support, and aggressively advocate for your rights.
Investigation and Evidence Gathering
One of the most critical tasks of a wrongful death lawyer is conducting a thorough investigation into the circumstances of the death. This often involves gathering evidence such as police reports, medical records, witness statements, and expert testimony. In some cases, your lawyer may need to work with accident reconstruction specialists or other professionals to establish liability.
Proving Negligence or Fault
In order to successfully pursue a wrongful death claim, the plaintiff must prove that the defendant’s actions (or lack of action) directly caused the death. This involves demonstrating that the defendant owed a duty of care to the deceased, breached that duty, and that the breach resulted in the fatality.
For example, in a car accident case, a lawyer may need to show that the driver was speeding, distracted, or under the influence of alcohol, thereby breaching their duty to operate the vehicle safely.
Calculating Damages
Determining the appropriate amount of compensation in a wrongful death case can be complex. An attorney will consider several factors, including the deceased’s earning potential, age, and life expectancy, as well as the emotional toll on surviving family members. They will also take into account any medical expenses, funeral costs, and the pain and suffering endured by the deceased before death.
By working with financial experts and other specialists, an Atlanta wrongful death lawyer can ensure that you receive fair compensation for both economic and non-economic losses.
Why You Need an Experienced Atlanta Wrongful Death Lawyer
Why You Need an Experienced Atlanta Wrongful Death LawyerThe legal landscape surrounding wrongful death cases is complicated, and insurance companies will often try to minimize their liability by offering low settlements. Without an experienced wrongful death attorney, you may be at a disadvantage when negotiating with insurers or opposing counsel.
Expertise in Georgia Wrongful Death Law
An experienced wrongful death lawyer in Atlanta will have a deep understanding of Georgia’s specific laws and statutes, as well as the local court system. This expertise is crucial in ensuring that your case is filed correctly and within the appropriate time limits. Moreover, an attorney will be familiar with the tactics used by insurance companies to reduce or deny claims, and they will know how to effectively counter these strategies.
Compassionate Support
In addition to providing legal guidance, we offer emotional support during a very challenging time. They understand the grief and trauma that comes with losing a loved one, and they will work to handle the legal complexities so you can focus on healing.
Maximizing Compensation
By having an attorney handle your case, you increase your chances of receiving a fair settlement or court award. A lawyer will not only negotiate with the opposing parties but also prepare to take your case to trial if necessary, ensuring that you receive the maximum compensation possible for your loss.
Recent Case Results
Our firm has successfully handled numerous wrongful death cases, securing significant settlements and verdicts for our clients. Some examples include:
$1.5 million
$1,500,000 for the wrongful death of a grandmother killed when making a left turn at an intersection that was negligently designed by the Department of Transportation, such that a guardrail blocked the lights of oncoming cars.
$650,000 Verdict
Obtained for a Dekalb County man hit by a tractor-trailer while performing roadway work. He sustained a broken leg and wrist, with $120,000 in medical bills.
$1.2 Million Settlement
Won for the wrongful death of a father killed at work by a trash truck.
$9 Million Settlement
Secured for the family of a car sales professional tragically killed in a trucking accident. Dash camera footage captured the devastating T-bone collision, which resulted in the wrongful death of a woman in the prime of her life.
$9 Million Settlement
Secured for the family of a car sales professional tragically killed in a trucking accident. Dash camera footage captured the devastating T-bone collision, which resulted in the wrongful death of a woman in the prime of her life.
$1.2 Million Settlement
Won for the wrongful death of a father killed at work by a trash truck.
$650,000 Verdict
Obtained for a Dekalb County man hit by a tractor-trailer while performing roadway work. He sustained a broken leg and wrist, with $120,000 in medical bills.
$1.5 million
$1,500,000 for the wrongful death of a grandmother killed when making a left turn at an intersection that was negligently designed by the Department of Transportation, such that a guardrail blocked the lights of oncoming cars.
Every case is unique, and we are committed to maximizing the compensation you deserve. Contact us today to discuss how we can help you fight for justice.
Wrongful Death Frequently Asked Questions
Who can file a wrongful death lawsuit in Georgia?
In Georgia, the surviving spouse, children, or parents of the deceased can file a wrongful death lawsuit. If none of these relatives are available, the deceased's estate representative may file the claim.
What damages can be recovered in a wrongful death case?
In a wrongful death lawsuit, surviving family members may be entitled to recover:
- Funeral and burial expenses
- Medical bills incurred before death
- Lost income and future earnings
- Loss of companionship and emotional support
- Pain and suffering of the deceased before passing away
What are the common causes of wrongful death in Atlanta?
Wrongful death can result from various incidents, including:
- Car accidents
- Medical malpractice
- Workplace accidents
- Product defects
- Criminal acts like assault or homicide
- Slip and fall accidents
How long do I have to file a wrongful death claim in Georgia?
In Georgia, the statute of limitations for filing a wrongful death lawsuit is typically two years from the date of the deceased's death. However, there are some exceptions, so it's important to consult an attorney as soon as possible.
What should I do if I suspect a loved one’s death was caused by negligence?
If you suspect that your loved one’s death was the result of negligence or wrongdoing, it’s important to gather any evidence, document the circumstances, and consult with a qualified wrongful death attorney. They can help you understand your legal options and guide you through the process.
Contact Us Today
If you have lost a loved one due to someone else’s negligence or wrongful conduct, you don’t have to go through the legal process alone. An Atlanta wrongful death lawyer can help you pursue justice and financial relief for your family during this difficult time. With their expertise and compassionate approach, they will fight to hold the responsible parties accountable and secure the compensation you deserve. Contact us today.