Coping with the loss of a loved one is never easy, but when a family member dies as the result of someone’s careless or reckless actions, the impact on those left behind can be particularly devastating. In these tragic cases, the experienced attorneys at Williams & Williams Law Firm may be able to help hold the negligent party responsible through a wrongful death lawsuit.
We know that no amount of money can mend the heartache caused by losing a beloved family member, but we also understand that that a successful wrongful death case can help you and your family gain the peace of mind and financial compensation you deserve to move forward.
It costs you nothing to discuss your case with our experienced and compassionate wrongful death attorney. Call Williams & Williams Law Firm today at 770-823-2711. We welcome clients from Alpharetta, Atlanta and neighboring Georgia communities.
On this page, you will find important information related to wrongful death lawsuits in Georgia, including:
- What is a wrongful death?
- Should I consider a wrongful death lawsuit?
- Who can file a wrongful death claim?
- Who can be sued for wrongful death?
- Elements of a wrongful death lawsuit
- Georgia statute of limitations in wrongful death lawsuits
- Your wrongful death consultation
- Call us to discuss your wrongful death case for free
What Is Wrongful Death?
Wrongful death claims are legal actions designed to provide financial compensation to surviving family members for the loss of a loved one. If someone you loved died due to the negligence of another person or party (such as a nursing home), you may have the right to seek compensation for your loss.
Negligence can lead to fatal injuries in cases of:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Boating accidents
- Bus accidents
- Pedestrian accidents
- Bicycle accidents
- ATV accidents
- Nursing home abuse and neglect
Virtually any accident, intentional act or misconduct can be grounds to pursue a wrongful death lawsuit.
Should I Consider a Wrongful Death Lawsuit?
After the emotionally devastating loss of someone you love, pursuing legal action may be the furthest thing from your mind. However, monetary compensation for your loss can help you and your family stay financially afloat during this difficult time.
Our lawyers know what a painful experience you are enduring and will work tirelessly to get you the fair compensation you deserve. We’ll take the time to get to know you and your family and understand all of the ways that your tragic loss has affected each and every one of you, emotionally and financially.
Following the loss of a family member that resulted from someone’s negligence, you and your family may be eligible to compensation for:
- Lost income and support
- Lost future earnings
- Lost benefits
- Lost retirement funds
- Lost companionship, guidance, and protection
- Funeral and burial expenses
- Emotional and mental pain and suffering
In certain cases, the court may award punitive damages in cases where gross negligence or intentional misconduct has been demonstrated. Punitive damages are meant to punish a defendant with additional damages to be paid to the family of the victim. Our attorneys will answer all of your questions during your consultation.
A legal victory won’t bring your loved one back, but it can help with the sudden and unexpected expenses involved with the loss of a loved one. When you choose the professional and compassionate attorneys at Williams & Williams Law Firm, we will handle every aspect of your wrongful death case so you can grieve with dignity and heal as a family.
Who Can File a Wrongful Death Claim?
In Georgia, the victim’s spouse is entitled to file a wrongful death claim. If there is no spouse, the children of the deceased have the right to recovery. In the absence of a spouse or children, the parents of the victim may recover for the wrongful death. If none of these parties are present, the administrator of the victim’s estate has a right to file a wrongful death lawsuit.
Determining who can file a wrongful death lawsuit can be confusing. The best way to determine if you are eligible to file a claim is to meet personally with one of our experienced attorneys in a free consultation.
Who Can Be Sued for Wrongful Death?
Like all personal injury cases, wrongful death claims are based on negligence. Negligence is commonly defined as the failure to use reasonable care in a situation. For example, if a driver’s dangerous actions on a highway lead to a fatal motor vehicle accident, or if a nursing home employee makes a mistake that causes the death of a patient entrusted in their care, they can be found negligent, and responsible for the emotional and financial repercussions of their actions.
Following a thorough investigation of your case, our attorneys can determine which parties may be at-fault in your loved one’s wrongful death. In these cases, a number of potential people or entities may have been ultimately responsible for the cause of death, including:
- Government agencies
There are circumstances in which certain parties can be legally immune to wrongful death lawsuits. Our skilled lawyers will look into every detail of your case and determine whether the at-fault party can have a claim brought against them.
Elements of a Wrongful Death Lawsuit
In addition to their emotional complexities, wrongful death cases can be complicated, making it crucial to seek legal counsel to help you during this difficult time. Unlike criminal charges, wrongful death claims are not intended to punish the party responsible for your loved one’s death. A wrongful death claim provides the family of the deceased with financial compensation for their loss.
There are four elements that must be proven in a successful wrongful death lawsuit:
- The death was caused in whole or in part by the defendant
- The defendant was strictly liable or negligent in the victim’s death
- There are surviving family members of the deceased
- There is monetary loss associated with the death
Establishing the necessary elements of a wrongful death claim requires legal experience, knowledge and meticulous eye for detail. Our wrongful death attorneys understand the complexity of these cases and can help determine the strength of your case and build a compelling argument on your behalf.
Georgia Statute of Limitations in Wrongful Death Lawsuits
The statute of limitations is the amount of time during which a legal action can be made. Failure to file within the limit almost always results in the inability to bring a claim. Generally speaking, the statute of limitations for filing a wrongful death lawsuit in Georgia is two years from the date of the death of the deceased.
Georgia law does make certain exceptions for the statute of limitations. For example, if the case also involves a criminal case, the court will toll the time limit on the wrongful death lawsuit until the criminal case is completed.
It’s critical to the success of your wrongful death claim to contact our attorney right away. Even if you think you may have waited too long and exceeded the statute of limitations, contact our office to determine if there are extenuating circumstances that could qualify for an extension of your claim.
Your Wrongful Death Consultation
At Williams & Williams Law Firm, we work tirelessly to pursue the results you want. We draw on decades of experience to thoroughly investigate the details of your case and build a compelling case against the at-fault party. We understand how particularly difficult wrongful death cases are for the surviving family members of the deceased; you need time to grieve.
We approach these cases delicately, respecting the emotional hardship you are enduring while coping with your loss. However, we will pursue the compensation to which you are entitled aggressively on your behalf.
We offer a free consultation so that you can learn more about us and we can uncover the facts about your case. During your consultation with our experienced attorneys, we will address all of your concerns and answer all of your questions, such as:
- Do I have grounds to file a wrongful death lawsuit?
- How long will it take to resolve my case?
- Can I recover compensation to replace the lost financial contributions of my family member?
- Can I seek compensation to pay for my loved one’s funeral expenses?
When dealing with a wrongful death case, you not only have to cope with the grief and suffering that accompanies the loss of someone close to you, you need to address a variety of legal issues, end-of-life expenses, insurance companies and other problems. The lawyers at Williams & Williams Law Firm are committed to lessening your burden by personally handling every aspect of your case so you can focus on your emotional health and the well-being of your family.
It costs you nothing to seek the justice you deserve. Our firm works on a contingency fee basis, which means that we don’t reach a successful outcome in your case, you owe us nothing.
Discuss Your Wrongful Death Case for Free
If you’ve lost someone you love because of the recklessness or carelessness of someone else, please contact Williams & Williams Law Firm today by calling 770-823-2711 to discuss your case for free with an experienced wrongful death attorney. We proudly serve the Alpharetta and Atlanta areas of Georgia.