Atlanta
Personal Injury Lawyer in Atlanta

Losing a loved one due to someone else’s negligence is devastating, leaving you overwhelmed and unsure of what steps to take. During this challenging time, an Atlanta wrongful death lawyer can provide the guidance and support you need to seek justice for your loss.

With 350 years of combined experience, our Atlanta personal injury lawyers are dedicated to helping families fight for maximum compensation possible. We’re here to help you regain financial stability and pursue the justice your loved one deserves.

Contact John Foy & Associates for a thorough evaluation of your case. Together, we’ll fight to protect your family’s future and honor your loved one’s memory.

What Exactly Is a Wrongful Death?

A wrongful death occurs when someone’s negligence, reckless behavior, or intentional act causes another person’s death. This type of legal claim allows the deceased’s family to seek compensation for their loss. Causes our Atlanta wrongful death attorneys commonly include:

• Car Accidents: Fatal collisions caused by speeding, distracted driving, or drunk driving.
• Workplace Accidents: Fatal injuries due to unsafe working conditions, lack of proper training, or defective equipment.
• Slip and Falls: Deaths caused by hazardous conditions, such as falls from heights at a worksite.
• Defective Products: Fatalities resulting from dangerous or poorly designed products, such as faulty vehicles or unsafe machinery.

Wrongful death claims are designed to hold negligent parties accountable for causing a loved one’s death due to careless or reckless actions. These claims encompass a wide range of incidents, including motor vehicle accidents, construction accidents, premises liability cases, and even criminal acts leading to fatalities.

The goal is to seek damages for the family’s losses, including compensation for medical bills, lost wages, and emotional suffering. Personal injury attorneys play a critical role in civil litigation, gathering evidence like accident reconstruction reports and pursuing fair settlements.

Why Are Wrongful Death Claims So Challenging?

Wrongful death claims are difficult due to various legal, emotional, and procedural challenges, including:

• Proving Negligence: Families must provide evidence, such as accident reports, medical records, or expert testimony, to prove the at-fault party caused their loved one’s death.
• Identifying Liable Parties: Responsibility may involve multiple entities, such as drivers, trucking companies, or medical staff, in cases like motor vehicle accidents or medical malpractice.
• Complex Laws: Georgia’s wrongful death statutes of limitations and inheritance laws determine filing deadlines and who can file a claim.
• Calculating Damages: Determining the full value of economic losses (e.g., medical bills) and non-economic losses (e.g., emotional pain) requires expertise.
• Dealing With Insurance Companies: Insurers often dispute liability or offer low settlements to minimize payouts.

An experienced wrongful death lawyer in Atlanta can address these challenges, manage negotiations, and provide emotional support, allowing families to focus on healing.

How Long Do You Have to File an Atlanta Wrongful Death Claim?

Georgia Code § 9-3-33 sets the statute of limitations for claims arising from injuries at two years from the incident date. However, depending on the context of your claim, such as whether medical malpractice played a role in your loved one’s injury or death, you may have a shorter deadline by which you must file your claim.

Wrongful death lawyers can help you ensure that you file all your paperwork on time. No matter the statute of limitations, the sooner you call an attorney, the faster we can investigate your case.

Who Can Bring a Lawsuit for Wrongful Death in Georgia?

Specific people are legally allowed to bring a wrongful death claim to court. In order of priority, the law says the following people can file for a loved one’s wrongful death:

• The surviving spouse of the decedent
• Children of the decedent
• If the decedent was not married and had no children, their parents can bring the claim
• The representative of the decedent’s estate

Thus, if you are the brother or sister of a loved one who passed away due to wrongful death, you can only bring a claim against the at-fault party through the official avenue of your loved one’s estate representative.

Compensation in Wrongful Death Lawsuits

The value of your wrongful death claim depends on the total damages your loved one and your family suffered due to the negligent actions of the at-fault party.

Damages in wrongful death claims are calculated based on economic damages, non-economic damages, and any punitive damages the court wishes to apply in this case.

Economic and Non-Economic Damages

Your economic and non-economic damages are collectively known as compensatory damages. Our Atlanta wrongful death lawyers can help you recover damages such as:

• Medical Expenses: Any costs related to your loved one’s treatment before their passing, including hospital bills, medications, and emergency care.
• Loss of Income: Compensation for the financial support your loved one would have provided to the family.
• Burial Costs: Expenses for funeral services, burial, or cremation.
• Loss of Care and Guidance: The value of the care, guidance, and support your loved one provided to your family.
• Loss of Companionship and Consortium: Acknowledgement of the emotional void left by the passing of a spouse, parent, or child.
• Emotional Distress: The psychological toll the loss has taken on surviving family members.

Our attorneys are ready to fight for your loss to receive a fair settlement. We’ll evaluate your case for free, identify what types of damages you qualify for, and guide you through the next steps of the legal process for your financial recovery.

Splitting Compensation Among Family Members

OCGA § 51-4-2(d)(1) states that a wrongful death award should be divided equally among the victim’s surviving spouse and children. However, the spouse will always keep at least one-third of the total award regardless of the number of the victim’s children.

The distribution of an estate claim depends on the terms stated in the victim’s will. Georgia law determines the distribution if the victim dies without a will. A wrongful death lawyer in Atlanta, GA, can help you understand how the compensation will be divided in your specific case.

Often, a payment for wrongful death is not taxable. Only if you receive punitive damages will your case settlement count as taxable income.

Who Can Be Held Responsible for Wrongful Death Cases in Atlanta?

Wrongful death claims arise when someone’s negligence or reckless behavior leads to the loss of another person’s life. At the heart of these cases is the responsible party, legally referred to as the tortfeasor—the individual or entity whose actions (or lack of action) caused the death.

In a wrongful death lawsuit, you can only pursue compensation from the liable party. Common examples of potentially liable parties include:

• Healthcare Professionals: Doctors, nurses, or other medical staff who commit medical errors or fail to provide proper care.
• Drivers and Employers: Individuals operating vehicles negligently, including truck drivers and the companies employing them.
• Manufacturers of Auto Parts: Companies producing defective car components that lead to fatal accidents.
• Product Manufacturers and Distributors: Entities responsible for designing, producing, or selling unsafe or faulty products.

Identifying the correct tortfeasor is essential to ensuring your family can pursue rightful compensation. An experienced wrongful death attorney in Georgia can help investigate your case, determine liability, and guide you through the legal process.

If you’re unsure who is at fault, reaching out to a trusted attorney can help clarify your options. They’ll fight to ensure the responsible parties are held accountable so your family can recover the compensation needed to move forward.

How Can an Atlanta Wrongful Death Lawyer Help Me With a Claim?

Losing a loved one due to someone else’s negligence is overwhelming, but a wrongful death lawyer can provide the support you need during this difficult time. Here’s how they can help you and your family with a claim:

Investigating the Cause of Death

A wrongful death lawyer will thoroughly investigate your case to uncover the facts. They’ll gather critical evidence such as:

• Accident reports.
• Medical records.
• Witness statements.
• Expert analysis, including accident reconstruction and financial evaluations.

This ensures that the at-fault party’s negligent conduct is properly documented.

Proving Liability

Establishing fault is essential in wrongful death claims. Your lawyer will build a strong case to prove how the responsible party’s actions—whether in a motor vehicle accident, construction accident, or premises liability incident—caused your loved one’s passing.

Maximizing Compensation

An experienced attorney will calculate the full value of your claim, including:

• Medical bills and funeral expenses.
• Lost wages and financial support.
• Emotional pain, suffering, and loss of companionship.

This ensures your family receives the financial relief needed to move forward.

Handling Legal Processes

Civil wrongful death lawsuits can be complex, but a lawyer ensures everything is handled efficiently. From filing documents within deadlines to managing settlement negotiations, they take the burden off your shoulders.

Providing Compassionate Support

Beyond legal guidance, a wrongful death lawyer offers emotional support. They’ll guide you with care, helping you focus on healing while they fight for justice.

By working with a dedicated attorney, you can protect your family’s future, hold the responsible parties accountable, and honor your loved one’s memory.

What if I Cannot Afford a Lawyer?

Many families worry about the cost of hiring a lawyer, especially after the emotional and financial strain of losing a loved one. The good news is that our wrongful death lawyers work on a contingency fee basis, meaning you don’t pay any upfront fees or out-of-pocket expenses to hire an attorney.

What Is a Contingency Fee?

A contingency fee means your lawyer only gets paid if they successfully recover compensation for you. Here’s how it works:

• No Upfront Costs: You don’t pay anything to start your case.
• No Legal Fees Unless You Win: If your lawyer doesn’t win a settlement or court award, you owe them nothing.
• Percentage-Based Payment: If your lawyer wins your case, their fee is a pre-agreed percentage of your compensation.

Why Is This Beneficial?

A contingency fee structure gives everyone access to skilled legal representation, regardless of financial circumstances. It also motivates your lawyer to fight for the maximum compensation possible, as their payment depends on your success.

If you’re worried about costs, contact an Atlanta wrongful death attorney today for a free consultation. We will explain the contingency fee process and how we can help you seek justice without financial risk.

Contact an Atlanta Wrongful Death Law Firm Today

A wrongful death is a traumatic event that can leave families overwhelmed with medical bills, funeral expenses, and emotional pain. Atlanta personal injury attorneys provide legal representation to help clients secure compensation.

John Foy & Associates has over 20 years of experience handling wrongful death claims in Georgia. When your family needs help getting compensation, our team of knowledgeable Atlanta wrongful death attorneys can step in and handle every step of your claim.

We provide all clients with a FREE consultation to discuss the details of your case, with no obligation to hire us. If you decide we are a good fit for your family, we work on a contingency basis. You owe us nothing until we win you the compensation your family needs.