After a death in the family caused by someone else’s negligence or misconduct, choosing the right wrongful death lawyer in Atlanta, GA, is an important decision. Your lawyer will handle all aspects of your case, so it’s important to hire someone experienced who you can trust. The wrongful death lawyers at Ted A Greve & Associates PA are prepared to help you secure the compensation you deserve for the tragic loss of your loved one.
Qualities of a Top-Tier Wrongful Death Attorney
Some qualities to look for in a top-tier attorney for wrongful death are:
- Experience in handling wrongful death cases similar to yours
- Compassion and empathy for you and your family
- Excellent communication skills
- A good reputation in the community
Questions to Ask During Your Initial Consultation
When you meet with a wrongful death attorney in Atlanta for the first time, there are a few key questions you should ask:
- How much experience does the attorney have with wrongful death cases?
- Will the attorney you’re speaking to handle your case personally?
- How much compensation could your case be worth?
- What is the process of filing a wrongful death lawsuit?
- How much does the attorney charge in fees?
Understanding the Attorney’s Approach to Handling Your Case
It’s also essential to understand the attorney’s approach to handling cases. Are they an attorney who looks to settle lawsuits quickly? Are they willing to take your case all the way to trial? And does their approach match with what you’re expecting from your case?
Who Can File a Wrongful Death Claim in Georgia?
Understanding which family members can file a wrongful death claim in Georgia is crucial. Family members must have legal grounds to file the claim and do so within the allotted period.
Definition and Legal Grounds
A wrongful death claim arises when a party’s negligent or intentional actions cause the death of a person. Under OCGA 51-4-2 and 51-4-4, the family members who have legal grounds for filing a wrongful death lawsuit are:
- The spouse of the deceased
- The children of the deceased
- The guardians of the minor children of the deceased
- The parents of a deceased minor child
The Statute of Limitations in Georgia Wrongful Death Cases
Under OCGA 9-3-33, family members have two years from the date of their loved one’s death to file their wrongful death lawsuit. Failure to file your suit within this period could result in the courts barring you from seeking recovery.
Types of Compensation Available to Family Members
The compensation you may be able to recover through your wrongful death lawsuit includes:
- Income your loved one would have earned
- The value of your loved one’s home services
- Funeral and burial costs
- Compensation for loss of companionship, comfort, guidance, and counsel
Common Causes of Wrongful Death in Atlanta
There are many causes of wrongful death in Atlanta, from car crashes to homicides. Some of the most common causes include:
Vehicular Accidents and Their Legal Implications
Motor vehicle accidents are one of the leading causes of wrongful death, with distracted, intoxicated, and reckless drivers putting the lives of everyone on the road at risk. If your loved one died in a car crash, the other driver, a vehicle manufacturer, or even the government entity responsible for maintaining the roads may be liable for their death.
Workplace and Construction Site Accidents
If your loved one died in a work or construction accident, you may be able to file a wrongful death lawsuit, depending on the circumstances. In some cases, your only recourse may be to file a claim for workers’ compensation benefits.
Nursing Home Abuse and Neglect
When we put our loved ones in nursing homes, we expect that they’ll receive the compassionate care they deserve. Unfortunately, that doesn’t always happen, and nursing home residents can be the victims of abuse or neglect that contributes to their deaths.
If your loved one died because of abuse or neglect in a nursing home, you may be able to hold specific employees and the facility liable for the death.
Filing a Wrongful Death Claim in Atlanta
After a death in Atlanta, there are a few key steps family members should take to make the most of their lawsuit.
Initial Steps: Collecting Evidence and Filing the Claim
Before filing your wrongful death lawsuit, an experienced attorney can collect the following evidence to strengthen your case:
- Accident scene photographs or videos
- Eyewitness statements
- Expert testimony
- Medical records
- Financial records
The Role of Litigation: When Settlements Fail
Before going to trial, you will usually enter settlement negotiations with the at-fault party. Most lawsuits end with a settlement, avoiding potentially costly and time-consuming trials. However, your attorney will litigate the case if the liable party refuses to offer a fair settlement.
During litigation, your attorney will present the facts of the case before a judge or jury, who will decide the case and determine the compensation you deserve.
Dividing the Compensation Among Family Members
After receiving compensation through a settlement or jury award, it will be divided among the family members (spouse and children). However, according to OCGA 51-4-2, the spouse must receive at least one-third of the compensation.
This means that if there is a spouse and one child, they each get 50 percent. If there is a spouse and two children, they each get 33 percent. And if there is a spouse and more than two children, the spouse gets 33 percent, and the children split the remaining 67 percent.
Legal Assistance Beyond the Court: Pursuing Full Compensation
One of the most important roles a wrongful death law firm plays is in calculating the value of your claim to make sure you receive fair compensation for the loss of your loved one.
Maximizing Your Settlement: Understanding the Value of Your Claim
Your wrongful death lawyer will assist you in calculating your claim’s value using medical bills, income statements, and other financial records. They’ll also take into consideration your loved one’s age and the overall impact their death has on your family.
Wrongful Death Attorneys at Ted A. Greve & Associates, P.A. Law Firm
If you need a lawyer for a death in the family caused by someone else’s wrongdoing in Atlanta, contact Ted A Greve & Associates PA for a free consultation. One of our experienced wrongful death lawyers will review your case and walk you through how Dr. Ted and his team can help you obtain the financial recovery you deserve.
