Atlanta Wrongful Death Attorney: Understanding Wrongful Death Law
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EVERY LIFE HAS VALUE
That’s the driving philosophy of our Georgia Legal professionals. We understand that the tragic and unnecessary loss of a loved one can leave you angry, frustrated and confused. The loss of a close family member to an accident that never should have happened is one of the most stressful, heartbreaking and gut-wrenching experiences that any person can ever be forced to endure. That’s why our Georgia wrongful death attorneys are dedicated to helping you navigate this difficult time.
A civil wrongful death suit is a legal action that can be pursued by family members when another person’s actions, whether intentional or negligent, lead to the death of a loved one. This type of lawsuit operates separately from criminal cases and serves to provide financial compensation for damages such as medical bills and funeral costs.
During the most challenging times, you need a top-tier Georgia wrongful death lawyer on your side. At Chance, Forlines, Carter & King, PC, we cut through the anger, frustration and confusion. In this difficult time in your life, our personal injury lawyers will be your champions. We will fight for you and for the memory of your loved one.
We understand the intricacies of Georgia’s wrongful death statute and the compensation issues involved. We will passionately and effectively advocate on your behalf. You can rely on our lawyers for guidance and support no matter the nature of your claim. We are here to answer your questions, explain your options, and help you take the next steps.
If you’ve recently lost a loved one in Georgia as a result of someone else’s negligence, you should speak to our Atlanta wrongful death lawyer. we represent clients in Atlanta, Augusta, Macon, Savannah, Decatur, Jonesboro, Columbus, Gainesville, and throughout Georgia.
Please call Chance, Forlines, Carter & King, PC today at 470-287-5986. Our Atlanta attorneys offer free, fully confidential, and no obligation initial consultations. We offer both in-person and virtual appointments
WHAT IS WRONGFUL DEATH?
Wrongful death is a type of lawsuit that seeks compensation for the loss of a loved one due to the negligence or wrongdoing of another person or entity. In the state of Georgia, wrongful death is defined as the death of an individual caused by reckless, negligent, criminal, or intentional action of another party or entity. This can include deaths caused by medical malpractice, car accidents, product liability, and more.
When a loved one’s life is tragically cut short due to someone else’s actions, it leaves a void that can never be filled. The emotional and financial toll on the surviving family members can be overwhelming. That’s where an experienced wrongful death attorney comes in. At Chance, Forlines, Carter & King, PC, our Atlanta wrongful death lawyers are dedicated to helping families navigate this difficult time and seek the justice they deserve.
Whether the wrongful death resulted from medical malpractice, a car accident, or any other form of negligence, our team is here to provide the support and legal expertise you need. We understand the intricacies of Georgia law and are committed to holding the responsible parties accountable for their actions.
TYPES OF WRONGFUL DEATH CASES WE HANDLE IN GEORGIA
Sadly, there are a wide range of wrongful death lawsuit types. Finding an Atlanta wrongful death attorney with specific experience that is relevant to the circumstances of your claim is crucial. At Chance, Forlines, Carter & King, PC, we are a justice-driven, solutions-focused law firm that is devoted to providing the highest level of personalized representation to grieving families. No matter the situation that you and your family find yourselves dealing with, our Atlanta wrongful death attorneys are prepared to invest the time, the resources, and the attention to the small details to get things right.
We have helped clients who lost loved ones due to:
Car accident
Motor vehicle collisions are the leading cause of accidental fatalities in Georgia. The loss of a close family member in a car crash is devastating. Our attorneys has the experience to navigate fatal car accident cases.
Medical malpractice
Medical errors are among the leading causes of death in the United States. A doctor, hospital, or other health provider may be liable for a patient’s death on the grounds of professional malpractice. If your close loved one lost his or her loved one due to medical malpractice, our Georgia attorney can help.
Defective products
Unfortunately, dangerous and defective products can cause severe injuries to consumers. Under Georgia’s product liability laws, a manufacturer or other corporation may be held strictly liability for a victim’s death. For help with your claim, contact our experienced wrongful death attorney for immediate assistance.
Motorcycle accidents
Motorcyclists are vulnerable. Federal highway safety data shows that bikers are more than 25 times more likely to be killed in an accident than drivers. If you lost a loved one to a motorcycle crash, our Atlanta wrongful death lawyer can help.
Semi-Truck Accidents
A fully loaded tractor trailer can weigh up to 40 tons. When a crash occurs, the consequences can be catastrophic. If you lost a loved one to a fatal tractor trailer collision, our Atlanta wrongful death attorneys are prepared to help.
Slip and Fall
Through a premises liability claim, a negligent business or negligent property owner may be liable for a fatal incident. It could be based on a fall accident, negligent security, or other issue. Our Atlanta lawyers have the professional expertise to take on all types of wrongful death claims.
Nursing Home Abuse or Neglect
When you move a loved one into a nursing home or other assisted living facility, you expect their health and safety will be protected. If a vulnerable loved one passes away due to nursing home abuse or nursing home neglect, our Atlanta wrongful death lawyer is more than ready to help.
Construction Site Accidents
Construction is a dangerous industry. Nearly 20 percent of workplace fatalities happen on construction sites. If you or your loved one was killed in a construction accident, our Georgia lawyers are here to help.
WHAT TO KNOW ABOUT PROVING LIABILITY IN A WRONGFUL DEATH CASE IN ATLANTA
It is important to emphasize that such lawsuits are fault-based legal cases. To hold another party—whether a driver, trucking company, property owner, or any other party—legally liable for a fatal accident, the claimant (family) must prove that the defendant was negligent.
Beyond that, proving liability in wrongful death cases in Georgia involves showing that someone’s actions or negligence directly caused the death of a loved one. It requires clear, convincing evidence.
What exactly you need to demonstrate to prove fault in a wrongful death claim in Georgia depends, primarily, on the specific circumstances of the case. You may need to prove reckless driving, unsafe property conditions, or another issue. This is where an attorney can make the difference. At Chance, Forlines, Carter & King, PC, we proactively investigate fatal accidents to ensure that our clients have the evidence that they need to prove fault.
UNDERSTANDING DAMAGES IN A WRONGFUL DEATH LAWSUIT
In a wrongful death lawsuit, damages refer to the financial losses and emotional suffering experienced by the surviving family members as a result of their loved one’s death. There are three types of damages that can be claimed in a wrongful death lawsuit: economic, non-economic, and punitive.
Economic damages cover the tangible financial losses incurred by the family, such as medical expenses, funeral costs, and lost wages. These damages aim to alleviate the financial burden that often accompanies the loss of a loved one. Non-economic damages, on the other hand, address the intangible emotional and psychological impact of the loss. This includes compensation for loss of companionship, pain and suffering, and emotional distress.
Punitive damages are designed to punish the defendant for their wrongdoing and to deter similar behavior in the future. These damages are typically awarded in cases where the defendant’s actions were particularly egregious or reckless.
In Georgia, the surviving spouse, children, parents, and siblings of the deceased may be eligible to file a wrongful death lawsuit. The party eligible to file has two years from the date of the victim’s death to start their claim. It is essential to work with an experienced wrongful death attorney to navigate the complex legal process and ensure that your rights are protected.
An Atlanta wrongful death lawyer can help you seek justice for the loss of your loved one and hold the liable parties responsible. They can help you collect evidence, file your case on time, negotiate with opposing counsel, and litigate your claim if necessary. With decades of experience, our team can help you regain your financial stability and obtain justice.
If you have lost a loved one due to the negligence or wrongdoing of another person or entity, contact an Atlanta wrongful death lawyer today to discuss your case and determine the best course of action.
HOW ARE WRONGFUL DEATH CASE SETTLEMENTS PAID OUT?
Similar to other personal injury cases, a settlement for cases involving death can be paid out as a structured settlement, where the plaintiff receives a portion of the payment at regularly scheduled intervals.
Alternatively, plaintiffs can elect to receive a lump-sum payment. Under this type of payout, all of the damages are paid up front, with nothing more to come in the future.
There are specific benefits and limitations to each of these options. We can help guide you toward the best option for your needs based on your unique situation.
A significant share of wrongful death lawsuits are settled outside court. That being said, there is always the chance that your family’s death lawsuit could end up in court. Our trial-tested lawyers are always ready to take aggressive action to hold negligent defendants and large insurance companies accountable—whether that means negotiating a full and fair settlement agreement or obtaining the maximum trial verdict.
Are WRONGFUL DEATH CLAIMs TAXABLE?
Wrongful death compensation is designed to make the family “whole.” Given that background, a wrongful death claim are not taxable because they are not considered a source of income. You will not have to pay taxes on your wrongful death settlement in Georgia.
HOW LONG CAN A WRONGFUL DEATH LAWSUIT TAKE?
It depends. Some lawsuits will resolve within a few months, many will take at least a year, and others can take multiple years.
Factors that can influence the length of your case include delays in gathering evidence and the complexities of the wrongful death claim. If an agreement cannot be reached pre-trial, a wrongful death claim will be heard in front of a jury. This process can take significantly longer than a settlement, but may be necessary or appropriate under certain circumstances.
The best way to learn how long your wrongful death claim may take is through a complimentary review from one of our Atlanta wrongful death attorneys. Our wrongful death team will review your case and help you determine the next steps on the legal claims process.
CAN YOU SUE AN ESTATE FOR WRONGFUL DEATH?
If a now-deceased person was responsible for an accident that resulted in harm or death to someone else, that person’s estate can be sued for damages. So too can individuals, corporations, government entities, and any other party responsible for the loss of life.
It is not uncommon for multiple parties to share liability for the same wrongful death. During the investigative process, we work to identify all liable parties and to hold each accountable for the damages they have caused.
WHAT ARE THE CHANCES OF WINNING A WRONGFUL DEATH SUIT?
Cases with strong evidence fair better than those with weak or insufficient evidence. Your chances of securing fair compensation in a wrongful death claim will be directly linked to the strength of your wrongful death lawsuit.
Having an experienced legal team on your side can help to strengthen your chances of winning a wrongful death claim. With decades of experience and a long and proven history, the award-winning wrongful death attorneys at Chance, Forlines, Carter & King work to build solid cases for our clients. If you have lost a loved one in an accident, we encourage you to give us a call and schedule a free consultation where we can review your claim, discuss your rights, and help you choose the best course for seeking the compensation you are due.
WHAT HAPPENS IF THE DECEASED WAS PARTIALLY AT FAULT FOR THE ACCIDENT?
In Georgia, if the deceased was partially at fault for the accident, the case becomes far more complex. With that being said, the grieving family members can still pursue a claim. Our state follows a rule called ‘modified comparative negligence’. If the deceased was less than 50 percent responsible for the accident, then their survivors can still recover financial compensation. In these cases, the amount of compensation they can receive is reduced by the deceased’s percentage of fault. As an example, if the deceased was found to be 30 percent at fault, the total wrongful death compensation would be reduced by a corresponding 30 percent.
HOW HARD IS IT TO PROVE WRONGFUL DEATH?
Wrongful death claims can be difficult to prove. This is one of the largest reasons to make sure you are working with a Georgia law firm that understands how to navigate the complexities of these cases.
As with many civil lawsuits, an investigation may be required to establish fault along with the rights of the victim’s family. Every single Georgia wrongful death lawyer at Chance, Forlines, Carter & King have decades of experience with these claims, enabling us to help families who have lost a loved one get the justice they are due.
HOW MUCH CAN YOU GET FOR A WRONGFUL DEATH Claim?
Each case is unique. In Atlanta, we are able to seek compensation for economic damages such as end-of-life medical expenses, burial and funeral costs, projected lost wages, loss of retirement benefits, and other damages for which a monetary value can be assigned. We are also able to seek compensation for non-economic damages such as emotional suffering and loss of companionship. This means that our Georgia wrongful death lawyer is able to seek adequate compensation to help families of all economic backgrounds live the best life possible following the tragic and untimely loss of a cherished family member.
If you have lost a loved one, talking to an Atlanta wrongful death lawyer is one of the best ways to learn how much compensation you may be entitled to seek.
HOW LONG DO I HAVE TO BRING A WRONGFUL DEATH CASE?
There is a strict statute of limitations for wrongful death lawsuits. You have two years from the date of a loved one’s death to file a wrongful death claim. Very few exceptions apply. However, we strongly advise you to take action as soon as possible. The longer you wait to file, the more difficult it may be to establish fault and seek full compensation. Acting quickly can help protect your rights and help your family secure the compensation needed to maintain your quality of life. Be proactive: Consult with an experienced Georgia wrongful death lawyer right away after a fatal incident.
CAN AN ATLANTA WRONGFUL DEATH Lawyer BRING A CASE AFTER A SHOOTING OR OTHER VIOLENT CRIME?
Family members who have lost a loved one due to violent crime are absolutely entitled to seek compensation through filing wrongful death lawsuits. Wrongful death cases are civil proceedings and are neither influenced by nor prohibited by criminal charges. In fact, criminal charges seldom do much to provide grieving families justice. Civil action is often necessary to ensure families get the true justice they deserve. To be clear, these civil claims are generally brought on the grounds of premises liability against a negligent third party, such as a business or a property owner.
WHO CAN BRING A WRONGFUL DEATH SUIT IN ATLANTA?
In the state of Georgia, the surviving spouse of a wrongful death victim will be given the first opportunity to file a wrongful death claim. Children of the deceased must be included in this claim as well. When there is no surviving spouse, the victim’s children and/or adopted children may file suit.
When neither spouse nor children are available to file suit, and the surviving family members are the parents, parents of the deceased may file a wrongful death claim. This is true even if the victim was an adult. If a representative of the estate has been designated by the decedent, that representative may file a claim on behalf of surviving family members as well.
Talking to a trusted Georgia wrongful death lawyer is one of the best ways to determine if you are entitled to take legal action following the untimely death of a family member.
WHY RELY ON OUR ATLANTA WRONGFUL DEATH ATTORNEYS
A wrongful death lawsuit is incredibly challenging. Many grieving families are left with a ton of questions about what comes next. At Chance, Forlines, Carter & King, PC, we are compassionate and experienced advocates for people and families. It is our mission to provide the absolute highest level of legal representation to clients. We are proactive and justice-driven. Among other things, our Georgia wrongful death lawyers are prepared to:
- Listen to your story and answer your legal questions;
- Investigate the fatal accident—gathering evidence to prove liability;
- Represent your family in any settlement negotiations with defendants/insurers; and
- Take action to ensure that you obtain the best outcome in your wrongful death claim.
CONTACT OUR ATLANTA WRONGFUL DEATH LAWYERS FOR A FREE CONSULTATION TODAY
Every life has value, and every life has a story. At our personal injury firm, we want to hear your loved one’s story, and we treasure the opportunity to tell that story as we pursue justice and compensation on your behalf. Our attorneys at Chance, Forlines, Carter & King, PC are standing by, ready to protect your rights and your interests. Give us a phone call now or contact us today for a no obligation, free legal consultation. With law offices in Atlanta and Augusta, we represent grieving families in their claims throughout the State of Georgia. We offer both in-person and virtual appointments.
Learn more about wrongful death claims in our blog
If you live in Atlanta and need an experienced wrongful death lawyer, please contact Chance, Forlines, Carter & King, PC for a free consultation.
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