Atlanta Wrongful Death Lawyer

Atlanta Wrongful Death Lawyers

If you lost a loved one in Atlanta, you may have financial recovery options. State law allows some grieving families to recover compensation after losing loved ones to negligence. Our Atlanta wrongful death lawyers can prove the party’s role in your loved one’s passing and seek a fair payout on your family’s behalf.

Buckhead Law Saxton Accident Injury Lawyers, P.C. provides free legal case consultations for families who lost loved ones in Atlanta. We want to be a beacon of hope during this dark time in your life. While we manage your case, you can focus on your and your family’s well-being. Call us today to begin your free case evaluation.

Our Atlanta Wrongful Death Attorneys Represent Families

Since 1977, Buckhead Law Saxton Accident Injury Lawyers, P.C has served grieving families. We step in at a family’s most difficult time, taking over their legal case so they can focus on other things. We approach each case with compassion because we know the claims process isn’t easy.

We understand the state’s wrongful death statutes, how insurance companies work, and what information could support your case. For 45 years, we’ve handled the same tasks day in and day out. You can trust that with our personal injury lawyers advocating for you, we can pursue what you need.

We Manage Wrongful Death Cases Arising From These Situations

Our personal injury lawyers handle wrongful deaths in almost any type of traffic incident, including:

• Car accidents
• Motorcycle collisions
• Truck crashes
• Pedestrian accidents
• Bicycle crashes
• Uber and Lyft collisions
• Bus accidents

To prove liability in a traffic accident case, we must show that because another party acted carelessly, your loved one suffered fatal injuries, and your family deserves compensation.

Our Lawyers Support Families on a Contingency-Fee Basis

We work based on contingency fees. We do not charge your family anything upfront for our services and representation. Instead, we get paid a portion of the money we recover in your case. We only charge attorney’s fees at your case’s successful resolution.

Building a Case to Support an Atlanta Wrongful Death Claim or Lawsuit

As noted, wrongful death actions hinge on proving negligence occurred.

This involves showing four elements:

• Duty of care
• Breach of duty
• Causation
• Damages

All motorists have a duty of care to follow traffic laws and act reasonably. To support your case, we must show how the other party violated a traffic law. Then, we must demonstrate that because the other party caused your loved one’s fatal collision, you have various losses, such as funeral expenses.

We understand that proving these elements can get frustrating. Yet, you don’t have to prove them on your own. You can entrust your case to our legal team and focus on other things.

We Gather Evidence to Supplement Your Fatal Collision Claim

Our car accident attorneys double as investigators. We know how to access information from law enforcement, traffic cameras, and other authorities. We take the necessary steps to develop a strong case that allows your family to pursue appropriate compensation.

Some common types of evidence in these cases include:

• The accident report filed by the responding officers
• Eyewitness statements
• Accident reconstruction data
• Photos and videos of the accident
• Physical evidence
• An accident scene survey
• Relevant medical records and autopsy results
• Expert opinions
• Documentation of the collision’s economic impacts
• Proof of expenses and losses

Whether we negotiate with the insurer and settle or take the case to trial, this evidence allows us to show what happened and why our clients deserve a payout based on their cases’ facts. This evidence serves as proof of your damages and the other party’s liability.

Suing With Help From an Atlanta Wrongful Death Lawyer

While most traffic accident cases settle out of court, lawsuits are sometimes necessary to recover fair compensation for our clients. This is true in wrongful death actions, too. We need to sue the liable party under some circumstances.

There are two ways we can secure compensation for our client after filing a lawsuit:

• Negotiating a fair settlement with the insurer; or
• Taking the case to trial, and the jury ruling favorably.

While some lawsuits go to trial, many still settle outside of court. Sometimes, filing a lawsuit incentivizes the insurer to settle. However, we’re prepared to litigate your case if doing so could yield a fair outcome.

We File Your Lawsuit Within the State’s Statutory Deadline

Georgia law typically gives us two years to file a wrongful death lawsuit. However, some situations provide exceptions to this rule. For instance, suppose a motorist working for the government hit your vehicle. In this situation, you could have six months to sue.

Your wrongful death lawyer in Atlanta can evaluate your case’s filing deadline and fulfill them accordingly. However, this requires us to learn about your case first. If you contact us outside of the applicable filing period, you may have no legal recourse.

Our Atlanta Wrongful Death Team Can Seek Compensation for Your Family

Our attorneys understand that no amount of money can ever cover the depth of your emotional losses. However, financial recovery can reduce stress and allow you to breathe easily while you mourn.

A serious traffic accident is expensive. So are final expenses, including funeral and burial or cremation. If your loved one initially survived the incident and spent time in one of Atlanta’s two Level I trauma centers, such as Grady Memorial Hospital or WellStar Atlanta Medical Center, your family likely has medical bills to cover, too.

Georgia law allows families to recover two types of damages in a wrongful death case. These include:

Expenses Related to the Decedent’s Injuries and Death

All financial expenses related to your loved one’s accident and death fall under this category, and they include:

• Funeral and burial costs
• Medical care costs incurred before their passing
• Any other related expenses, with receipts or other documentation
• Lost projected income
• The cost of replacing or repairing their vehicle

We calculate these losses by adding up your receipts, consulting with field experts, and projecting your anticipated losses.

Non-Economic Losses Related to Your Loved One’s Passing

Our team understands how to calculate non-economic damages as they relate to wrongful death cases.

Examples include:

• Loss of consortium. You can seek financial recovery for the hardships associated with losing a spouse.
• Pain and suffering. Pain and suffering accounts for the hardships your loved one endured before their passing. It also reflects your family’s challenges.
• Loss of parental guidance. Children of the decedent can pursue loss of parental guidance, or the emotional support they would have received from a late parent.

Each wrongful death case comes with its own set of compensable losses. So, you may seek additional losses to those listed here.

Let Us Determine Who Can File Your Atlanta Wrongful Death Action

The law clearly defines who can file a wrongful death lawsuit and recover compensation. It is generally limited to the decedent’s immediate family. In most cases, this includes either their spouse and children or parents.

The law prioritizes who can seek wrongful death-related expenses through legal action. In a negligence-based incident, the following parties (in this particular order) can pursue damages:

A Surviving Spouse (or a Spouse and Children)

The first person that state law allows to file a wrongful death action is a surviving spouse. The spouse can file on behalf of themselves and their children.

The parties generally split the compensation equally when there are both a spouse and children. This can become complex when there are adult children or children from a previous marriage. While the spouse and all surviving children each get a portion of the proceeds, the spouse never receives less than a third of the total payout, according to the statute.

Children of the Decedent

If the decedent is unmarried, divorced, or has no surviving spouse, the right to act moves to any surviving children of the decedent. This includes representatives for minor children or adult children acting on their own. They generally split the proceeds evenly regardless of age or other factors.

Surviving Parents

If the decedent is unmarried and has no children, either surviving parent can file a wrongful death lawsuit. This is common when the victim is a minor, but it also applies to many other relatives.

The Decedent’s Personal Representative

When a decedent has no spouse, children, or surviving parents, their personal representative can file a wrongful death lawsuit on behalf of the estate. A personal representative, the administrator of the estate plan, or the party named by the probate court can oversee this process.

When a personal representative files a wrongful death lawsuit and wins, all compensation goes to the estate, and the representative distributes it to heirs accordingly.

How Do I Know Who Can Represent Our Family?

If you are still unsure who can represent your loved one in a wrongful death case, our team is here. We provide free case assessments. During this conversation with our team, we can determine your options based on your case’s facts.

We understand that some people hesitate to act in these cases because discussing the loss of a loved one is never easy. However, it is imperative that we meet the deadlines set by the state if we are going to hold the at-fault party responsible. For that reason, we encourage you to consider legal help as soon as possible.

Frequently Asked Questions About Wrongful Death Cases in Atlanta

If you’re unfamiliar with the legal process, you may have many questions surrounding your options, such as:

How Long Does It Take to Resolve a Wrongful Death Case?

How long it takes to resolve a wrongful death case depends on many factors unique to your situation, including:

• How willing the insurer is to settle
• Issues surrounding fault and liability
• Your case’s available evidence
• The amount of compensation you’re requesting
• The circumstances of your loved one’s passing

Wrongful death cases don’t come with pre-determined timelines. So, another case similar to yours could progress in a different way. Our team intends to keep your case on track so you can recover the compensation you need promptly.

How Much Can I Recover Through a Wrongful Death Action?

How much you can recover depends on your situation, including:

• The medical care your loved one required
• The cost of your financial losses
• Any allegations of fault and liability
• Your loved one’s lost income
• Your loved one’s role in the household
• Your loved one’s age

We’ve recovered generous settlements for wrongful death claimants in Atlanta. We’ve recovered millions for traffic accident victims, too. Our team stands ready to seek everything you need to account for your financial hardships.

What Challenges Can I Expect in a Wrongful Death Case?

Without legal help, you could face these challenges in a wrongful death claim or lawsuit:

• Issues regarding fault. The other party may blame your loved one for the accident, hoping to deflect liability. This could make recovering damages complicated—especially if the accident’s cause isn’t clear.
• Disputes about your damages’ cost. You may know the actual cost of your losses. Yet, the insurer may still offer less than you need. A lawyer from our team can negotiate a settlement with the liable party. If you don’t get representation, you could face this process alone.
• Bad faith insurance practices. You expect the insurer to treat you with respect. You’re grieving, after all. Still, some insurers don’t fairly offer claimants what they’re owed. You could find yourself going back and forth with the insurer for months, endlessly fighting for what you need.

Our team protects you from any challenges that keep you from pursuing damages.

Discuss Your Legal Options With Our Atlanta Wrongful Death Team

Buckhead Law Saxton Accident Injury Lawyers, P.C. can help if your loved one passed away in an Atlanta accident caused by someone else’s negligence. You have a right to pursue justice and recover compensation. Our attorneys know what it takes to navigate this process. We offer free consultations with our team so you can learn more. Let us assess your case. Dial (404) 890-5631 or (770) GET PAID to begin.

Buckhead Law Saxton Injury & Accident Lawyers, P.C. – Atlanta Office

1995 N Park Pl SE Suite 207,
Atlanta, GA 30339
404-890-5631