Your Atlanta Wrongful Death Attorney

Dressie Law Firm: Honoring Loved Ones, Seeking Justice in Wrongful Death Cases.

Have you lost a loved one to someone else’s negligence? Trust Dressie Law, Atlanta’s leading wrongful death attorney, to fight for the justice and compensation you deserve.

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Experienced Atlanta Wrongful Death Lawyer

Losing a loved one is always painful. Knowing their death was preventable if people had not acted negligently makes the death even more challenging to bear. Whether it’s the result of a car accident, a dangerous product, or malpractice, the surviving family member(s) is entitled to bring a wrongful death claim and seek compensation under Georgia law.

Working with an Atlanta wrongful death lawyer can make a difference in your case and relieve you of the additional stress of the claims process. They will handle your case from the initial filing to the settlement and take your claim to court if necessary.

Compassionate personal injury attorneys at the Dressie Law Firm are committed to bringing you the best possible results and the compensation you deserve. Over the last twenty years, we have helped hundreds of bereaved families gain some peace of mind following their tragic losses.

The Wrongful Death Claims Process in Atlanta, GA

Wrongful death claims are similar to other personal injury cases. However, it’s usually more challenging to put a dollar amount on the worth of a loved one’s life and the non-tangible effects their loss has on the family.

That’s why the first thing you should do is consult an experienced wrongful death attorney. They will answer your questions and guide you through the wrongful death claims process.

  1. Determining liability

In a wrongful death claim, you seek to hold the liable party accountable for the death of your loved one. To do so, you must first identify those responsible. Depending on the negligent actions that caused the death, the liable party can be:

  • Motor vehicle drivers
  • Medical staff
  • Manufacturers
  • Healthcare providers and pharmaceutical companies
  1. Gathering evidence

To win a wrongful death case, you not only need to prove the liability of the defendant but also justify the settlement amount you are seeking. It’s crucial to build compelling narratives about your loved one’s life and how their death has affected you and your family. Your wrongful death attorney will collect and file medical records, expert statements, testimonies, and all the necessary evidence with your demand letter.

  1. Negotiating a settlement

After filing your demand letter with the at-fault party’s insurance company, the assigned adjuster will investigate the case and review your demand letter. They can either accept your request or make a counteroffer. Your attorney will negotiate with the adjuster to ensure you are fairly compensated.

  1. Filing a wrongful death lawsuit

While most wrongful death cases are settled out of court, filing a lawsuit in a civil court may be your only way to obtain the compensation you deserve. If all negotiations with the at-fault party fail, you are entitled to take your case to court. Your wrongful death attorney will file a complaint with the appropriate court and prepare you for the legal process.

 

 

Who Can File a Wrongful Death Claim in Atlanta?

According to Georgia’s wrongful death law, only the individuals listed below may file wrongful death lawsuits:

  • The surviving spouse of the deceased person
  • The child or children if the spouse is deceased
  • The parents if the deceased had no spouse or children
  • The estate executor or administrator if there are no surviving spouse, children, or parents

The surviving family members of a wrongful death victim must file their claim within two years from the date of the deceased person’s passing. Failing to meet this deadline will likely result in your case being dismissed.

Damages Recovered in Wrongful Death Claim

In addition to all damages usually recovered in a personal injury claim, wrongful death plaintiffs can recover additional compensation for:

  • Funeral expenses
  • Loss of anticipated earnings and employment benefits
  • Loss of consortium (companionship and affection)
  • Potentially punitive damages

 

What Evidence Is Crucial for Proving Negligence in a Wrongful Death Case?

In wrongful death actions, crucial evidence is required to establish the negligence that led to a loved one’s death. This evidence must demonstrate four key elements:

  1. Duty of Care: Proof that the at-fault party had a responsibility to act with reasonable care towards the deceased person. For example, in car accidents, drivers have a duty to obey traffic laws and drive safely.
  2. Breach of Duty: Evidence such as eyewitness statements or video footage showing the defendant’s failure to meet this duty. This might include proof of reckless driving in personal injury cases or improper care in instances of medical malpractice.
  3. Causation: Linking the breach directly to the victim’s death, showing that the negligent actions were the direct cause. Medical reports and expert testimony can support this connection.
  4. Damages: Documentation of all resultant damages, including medical expenses, funeral expenses, and the personal and financial impacts on the family members.

Collecting comprehensive evidence is essential to building a strong wrongful death claim under Georgia’s wrongful death law. Consult with an Atlanta wrongful death attorney for guidance and information.

Can Wrongful Death Settlements Be Negotiated Outside of Court in Georgia?

Yes, wrongful death settlements can be negotiated outside of court in Georgia. This alternative allows the surviving family members, represented by their law firm, to avoid the lengthy legal process and potentially contentious court proceedings.

The legal team and the insurance company of the at-fault party engaged in negotiations to reach a settlement that compensates for the victim’s death and the subsequent economic and non-economic losses endured by the family members.

During negotiations, it is critical to consider all relevant factors, such as lost wages, the personal injury suffered by the wrongful death victim, and the punitive damages appropriate for the negligent actions.

The surviving spouse, family members, and possibly the victim’s estate might receive financial compensation that addresses the full scope of their loss, guided by the effectiveness of their legal representation and the specifics of the wrongful death law.

A fair settlement aims to restore some semblance of financial stability to the deceased person’s family, compensating for both tangible and intangible damages.

 

How Atlanta Wrongful Death Lawyers Can Help

 

Atlanta wrongful death lawyers are crucial to your case’s success. The families of wrongful death victims are understandably confused about what to do.

With the help of an experienced wrongful death attorney in Atlanta, you can rest assured that someone is fighting for you. Our attorneys at the Dressie Law Firm can:

  • Explain Georgia wrongful death laws and whether you are eligible to file
  • Gather the necessary evidence to prove your economic and emotional damages
  • Accurately calculate your damages
  • Prepare and file your claim
  • Handle all negotiations and communications with the at-fault party
  • Represent you in court if necessary

How Do I Find a Reputable Wrongful Death Attorney in Atlanta?

Finding a reputable wrongful death attorney in Atlanta may seem overwhelming, but there are a few steps you can take to ensure you find the right one for your case:

  1. Research and compare: Look for attorneys who specialize in wrongful death cases and have experience handling similar cases to yours. Compare their qualifications, track record, and client reviews.
  2. Schedule consultations: Most attorneys offer free consultations where you can discuss your case and get a feel for their communication style and approach to handling cases.
  3. Ask questions: Don’t be afraid to ask the attorney about their experience, success rate, and any potential fees or costs involved in handling your case.
  4. Trust your gut: Ultimately, trust your instincts when choosing an attorney. Having a good rapport and feeling comfortable with your legal representation is crucial.

While no amount of money can bring back a loved one, filing a wrongful death claim can help alleviate financial burdens and provide closure for the surviving family members. With the right attorney by your side, you can navigate the complex legal process and seek justice for your loved one’s untimely passing.

 

Speak With a Dressie Law Firm Wrongful Death Lawyer

 

Wrongful death cases are always challenging and painful. No amount of money can ever bring back a loved one. As wrongful death lawyers, our goal is to make sure our clients and their families receive the resources they need to maintain the same standard of living, send kids to college, continue paying for health care, insurance, mortgages, or anything else the loss of their loved one may have jeopardized.

Atlanta wrongful death attorneys at the Dressie Law Firm are passionate about helping those wrongfully hurt recover the maximum compensation for their damages, and we have repeatedly succeeded in doing so.

For over two decades, our personal injury lawyers have helped thousands in Atlanta and beyond and managed to recover over 30 million dollars in verdicts. When you work with a Dressie Law Firm attorney, you know you are getting the legal representation you need to prevail.

Contact us today to schedule your free consultation!

Frequently Asked Questions

 

How Soon Should I Submit a Wrongful Death Claim?

According to OCGA §9-3-33, a wrongful death suit must be brought within two years of the decedent’s passing. However, the sooner you act, the higher your chances of obtaining fair compensation. The process can take months to settle, if not years. You should consider this if you think your claim will go to court.

How Is Wrongful Death Settlement Split Among Family Members?

Any recovered amount for a wrongful death claim must be equally divided between the deceased person’s spouse and children or the surviving family members. However, a spouse cannot get less than one-third of the settlement.

What Happens if There Is More Than One Wrongful Death Claim?

In cases where there is more than one wrongful death claim for the same person, it will be up to the court to determine how much each individual is entitled to receive. This can be a complex process, and it is best to consult with a wrongful death attorney to ensure your rights are protected.

Can I File a Wrongful Death Claim if the Deceased Was Partially at Fault?

Yes, you can still file a wrongful death claim even if the deceased was partially at fault for their own passing. However, this may impact the amount of compensation you receive. The court will consider the degree of fault and may reduce the amount awarded accordingly.

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