Atlanta Wrongful Death Attorney
Losing a loved one is one of the most difficult experiences anyone can have. It is impossible to quantify the sense of loss, the pain, and other emotional trauma associated with a loved one’s unexpected death. But if you lose a loved one because of some third party’s negligence, whether it’s a drunk driver, a safety-deficient workplace, or a company’s negligently-designed products, you and your family are entitled to justice. You deserve the right to hold the responsible parties liable for the damage they have caused to your family, and the wrongful death team at the Carroll Law Firm is here to help you get the justice you are owed.
Atlanta wrongful death attorney Stacey Carroll has years of experience helping clients successfully bring wrongful death claims on behalf of the families of deceased accident victims, recovering for the emotional trauma, sense of loss, and related financial hardships associated with losing a family member to an accident. The Carroll Law Firm has the dedication, skill, and compassion to make sure that the negligent parties that irreparably harmed your family are forced to compensate you for their wrongdoing in order to help your family move on as best it can.
The Georgia Wrongful Death Act
Unlike some other states, Georgia has codified its wrongful death procedures into law. The law has existed in some form for over 100 years, although it has been modified numerous times. The law outlines the various possible legal grounds for bringing wrongful death claims in Georgia. Some of the available wrongful death claims include the following:
- Criminal actions – Claims based on homicide, arson, or other intentional criminal acts.
- Medical malpractice – Malpractice includes surgical errors, failure to diagnose, misdiagnosis, or other medical injury.
- Product defects – Claims based on defective consumer products such as home appliances, electronics, or cars, as well as manufacturing and other industrial equipment or medical devices.
- Premises liability – These claims can include serious slip-and-falls, construction defects, engineering failures, or other accidents caused by building owners or managers.
- Auto accidents – Especially drunk or drugged driving.
- Nursing home abuse or neglect.
This list is not exhaustive of all available wrongful death claims.
Who can bring a wrongful death claim?
In Georgia, only certain people may bring a wrongful death claim. Wrongful death claims are reserved for people who had a close familial relationship with the deceased. Only the decedent’s spouse, adult child, parent, or a personal representative of the deceased person’s estate can bring a wrongful death claim. You cannot bring a claim based on your best friend’s death or that of your romantic partner (unless you were married). If the decedent’s spouse brings a wrongful death claim, including on behalf of any minor children, they are entitled to at least one-third of the total compensation regardless of the number of children.
What can you recover in a wrongful death claim?
Georgia generally recognizes two kinds of wrongful death claims. Victims will often file a claim based on the “full value of the life of the deceased.” These sorts of claims aim to recover for the financial value of the life of the deceased as well as the intangible value of the victim’s life as a person. Damages in these cases often include wages or employee benefits that would have been collected had the person continued living, as well as intangibles such as the loss of a loved one, loss of companionship, loss of consortium, and other difficult to quantify benefits that the deceased provided to their loved ones.
If the deceased lacks a surviving spouse or children, then a personal representative of the estate of the deceased can file another type of claim. This second type of claim is meant specifically to recover for financial losses caused by the accident and the victim’s death. Plaintiffs will often seek damages to recover costs for medical expenses, burial and funeral costs, as well as the pain and suffering of the victim before death.
Get Help From a Passionate and Effective Atlanta Wrongful Death Attorney
There is no replacing a lost loved one after an accident. But if someone else is responsible for putting that hole in your life, they should be held accountable. Call the Carroll Law Firm at 404-816-4555 for a free consultation with a dedicated and understanding Atlanta wrongful death attorney.