Did you lose a loved one due to an accident in Atlanta, GA? Our experienced Atlanta wrongful death lawyers at Shiner Law Group are ready to help fight for your legal rights and get the compensation you deserve. Call us today at (800) 364-4444 to speak with an attorney for a 100% free consultation.
You may be entitled to seek compensation for medical bills, loss of income, pain and suffering, and more. Contact our Atlanta, GA law offices to discuss the legal options available to you following your loved one’s wrongful death. The following steps are very important. Let Shiner Law Group help you with your wrongful death case today.
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Are You Seeking a Wrongful Death Lawyer in Atlanta For a Loved One?
Coping with death can be extremely challenging, and without your loved one around, you may have difficulty supporting yourself and your family. For this reason, you must consider filing a lawsuit if you believe that another party’s negligence led to your loved one’s death. You deserve fair compensation for your loss, but the legal process can be very tricky, so make sure that you read this guide on wrongful death lawsuits to better understand your legal options.
What Is Considered a Wrongful Death in Atlanta?
A wrongful death occurs when one party’s negligence or intentional actions contribute to the death of another party in a significant way. In Georgia, only the deceased person’s spouse, children, parents, or estate representative can file a wrongful death lawsuit. Common causes of wrongful death include:
- Medical malpractice
- Nursing home negligence
- Defective products
- Vehicle accidents
- Defective drugs
- Workplace accidents
- Criminal acts
- Safety hazards on private property or in public spaces
Suing For a Wrongful Death in Atlanta
You need money to survive, but your loved one’s death may have a long-term impact on your financial wellbeing. Thus, suing the negligent party is likely in your best interests. Although filing a lawsuit may seem unsavory, you can’t put your financial future in jeopardy for the sake of someone whose negligence contributed to your loved one’s death.
In Georgia, the deceased person’s loved ones only have two years to file a wrongful death lawsuit against the negligent party, so you shouldn’t wait to make a decision. Contact a reputable Atlanta wrongful death attorney if you’re not sure about the viability of your case. The experienced lawyers at Shiner Law Group provide free consultations, so you can gain a better understanding of your legal situation without any risk.
How Do I File an Atlanta Wrongful Death Lawsuit?
First, you must know the negligent party’s name and address. With this information, you can submit a complaint to the civil court that has jurisdiction over the case. Your complaint should outline your reasons for filing a lawsuit and the damages that you seek compensation for. After filing a complaint, you must deliver a summons to the negligent party.
The other party has 30 days to respond to the summons. If they don’t respond within that period, then the court will rule in default, and you will likely reach a favorable outcome. Legal complaints require precise formatting, and you must submit your complaint to the proper court. Failure to properly file this form can undermine your case, so you should reach out to a skilled wrongful death attorney to ensure that you follow the correct procedures.
Can I Represent Myself For a Wrongful Death in Atlanta?
You have a right to represent yourself in court. However, you are much less likely to receive a fair settlement without a skilled wrongful injury lawyer on your side. Experienced attorneys know how to properly file documents, and they understand relevant laws and regulations well enough to make strong legal arguments in your favor. If you’re worried about your ability to afford an attorney’s services, then you should ask them about their billing terms. You and your attorney may be able to come to an arrangement that works with your current financial situation.
Alarming Wrongful Death Statistics
- In 2021, Georgian law enforcement officials investigated 745 murders, 26,113 cases of aggravated assault, 4,103 robberies, and 682 arsons.
- Nearly 200 people died from work-related injuries in Georgia in 2021.
- There were 1,664 traffic fatalities in Georgia in 2020. Over 400 of these fatalities involved a drunk driver, and 380 deaths involved speeding.
- Approximately 250,000 people die per year from medical mistakes in the U.S.
How Much is My Atlanta Wrongful Death Case Worth
While you’re likely to get a good settlement if you have a strong case, no reputable lawyer can guarantee a final amount. This is because anything can happen in court, and the court has to take all evidence into account to determine negligence and calculate damages. The judge or jury must find that the defendant was more negligent than the deceased for the plaintiff to receive a settlement.
Measuring Negligence
To figure out how negligent each party was, the court will consider each party’s duty of care and the circumstances of the accident. Duty of care describes a person’s responsibility to ensure the safety of others, and an individual’s obligation to uphold a reasonable standard of care is very context-specific. A doctor would have a much higher duty of care than an ordinary person in a hospital. However, when the same doctor drives home from their shift, they have the same obligation to drive safely as any other motorist. A business owner has a responsibility to ensure that there are no slippery floors or other safety hazards at their shop, but a customer does not have the same obligation to maintain a safe environment.
The details of the circumstances that led to the death of your loved one will help establish whether either party neglected their duty of care. For example, if your loved one died from injuries sustained in a car accident, then the court would examine each party’s conduct behind the wheel. Each side’s legal team would ask questions such as:
- Was either party speeding?
- Did one party run a stop sign?
- Was one party texting while driving?
- What was each party’s blood alcohol content?
- Were there any details on the police report that indicate negligence?
If the court were to find that neither party acted negligently, then the plaintiff wouldn’t be able to recover damages. To make matters worse, the defendant could even have grounds to countersue if the court were to find that the deceased acted negligently. Even though your loved one has passed, other parties can still sue their estate. With that in mind, it’s a good idea to consult a lawyer to make sure that you have a strong case before you file a legal complaint.
Calculating Damages
Courts calculate damages by accounting for the plaintiff’s economic and non-economic costs resulting from their loved one’s death. Lost wages, hospital bills, funeral costs, property damage, and lost benefits are all examples of economic costs. Non-economic costs cover the negative consequences of a person’s loss that aren’t as easy to attach a dollar amount to. Common non-economic losses include loss of companionship, pain and suffering, mental anguish, humiliation, and loss of enjoyment of life. The plaintiffs may receive up to $250,000 in punitive damages if the defendant exhibited gross negligence or caused a wrongful death while under the influence of drugs or alcohol.
Can I Sue Someone For a Wrongful Death if They Are Going Through Criminal Proceedings?
The defendant may also face criminal charges for the events that led to your loved one’s death. This often happens in cases of assault and drunk driving. Double jeopardy only applies to criminal courts, but a lawsuit is a civil matter. Thus, you can still sue the person who caused your loved one’s death even if they’re currently going through criminal proceedings. Your attorney may even be able to use facts uncovered in a criminal trial to strengthen your case.
What Are the Traits of a Good Atlanta Wrongful Death Attorney?
Experience With Wrongful Death Cases
You need an attorney who knows how to handle a wrongful death case. The experienced lawyers at Shiner Law Group have helped many clients receive favorable settlements in wrongful death lawsuits. Check out our reat testimonials to learn more about our clients’ positive experiences.
Timely Communication
Going through the legal process can be extremely stressful, so you need to know that your attorney is always looking out for you. Unfortunately, to maximize profits, many attorneys take way more cases than they can reasonably handle. This can result in communication delays and a lower quality of service. At Shiner Law Group, we take all of our clients seriously, and we’ll always respond to your calls, emails, and messages as quickly as possible.
Honesty
A skilled attorney may be able to provide a broad estimate of your settlement during your free consultation. However, the final outcome of a case can be very unpredictable. Thus, you should be wary of any attorney who guarantees a massive settlement. The lawyers at Shiner Law Group want you to make the right decisions for your future, so they won’t try to mislead you with unrealistic promises.
Considerations For an Atlanta Wrongful Death Lawyer
Call the Right Atlanta Wrongful Death Lawyer Immediately
When it comes to wrongful death cases, time is of the essence. You only have two years from the death of your loved one to file a wrongful death lawsuit. On top of that, witnesses and other sources of evidence may become harder to find if you wait. Building your case early is the best way to maximize your settlement, so you should contact a skilled wrongful death attorney as soon as possible to explore your legal options.
Don’t Accept Settlement Offers Right Away
To dissuade you from taking the case to court, the other party may offer you a settlement. However, the other party is usually only willing to do this if they know that the complainant has a strong case against them. In some cases, settling out of court may be your best option, but you shouldn’t accept an offer without discussing the terms of the offer with your lawyer. Your attorney will paint a clearer picture of the risks of going to trial and the potential opportunity costs of accepting an early settlement to help you make the right choice.
Gather as Much Evidence as Possible
To determine negligence and calculate damages, the court must closely analyze every aspect of the circumstances that caused your loved one’s death. For this reason, you need as much evidence as possible to prove the defendant’s negligence. You can use statements from eyewitnesses, medical bills, footage from security cameras, repair invoices, pictures, police reports, medical records, and expert opinions to bolster your case. Your attorney must submit evidence to the court for consideration before your trial, so make sure that you share any piece of evidence with your attorney as soon as you become aware of it.
Speak With an Atlanta Wrongful Death Lawyer Near Me Today
A loved one’s death can leave a permanent hole in your life, but it doesn’t have to compromise your future. With the right legal team on your side, you can get the compensation that you need to take care of yourself. The attorneys at Shiner Law Group want to help you receive a fair settlement, so you should contact us today as soon as possible to get the process started.