Wrongful Death Lawyers in Atlanta
The death of a family member is a difficult and emotional experience. However, Georgia law protects surviving family members by allowing them to file suit against a defendant whose wrongful actions resulted in the tragedy. At Holston & Huntley, our Atlanta wrongful death lawyers represent people who have experienced the most difficult events of their lives. We have the experience, resources, and dedication necessary to assert your rights, but we will do so with unfailing compassion and respect for you and your loved ones.
Filing Wrongful Death Claims in Georgia
Georgia’s wrongful death statute provides that a surviving spouse of the decedent, or the decedent’s children if there is no surviving spouse, may recover damages for the full value of the life of the decedent. If there is no surviving spouse or child, the parents of the decedent may bring the wrongful death action.
Common situations that lead to wrongful death claims include motor vehicle collisions, medical malpractice, defective products, or intentional acts of harm. In most cases, you have two years from the date of the death to file your claim. This time limit is called the statute of limitations.
There are generally three elements that a claimant must establish in a wrongful death action:
- The deceased person’s death was substantially caused by the defendant;
- The conduct of the defendant was negligent, reckless, intentional, or criminal; and
- The wrongful death claimant is the appropriate party to bring the action.
In many cases, a wrongful death claim alleges negligence on the part of the defendant. To prove negligence, the wrongful death claimant must establish that the defendant owed the deceased a duty of care, and the defendant breached that duty, thus causing the death and resulting damages.
This is where our qualified wrongful death lawyers can help. We are here to handle the complex legal elements of this process so you can secure the compensation you deserve and focus on yourself and your loved ones.
Compensation for Wrongful Death Claims in Georgia
Forms of compensation in a wrongful death action often include economic damages. This includes projected lifetime income and the lost value of services. Additionally, you may recover non-economic damages. These include the loss of care, companionship, and other intangible benefits. Additionally, Georgia allows the executor of the deceased’s estate to bring a survival action, which allows you to recover damages for the deceased’s pain and suffering before death, medical expenses, and funeral and burial costs.
Seek Guidance from Our Dedicated Team
Holston & Huntley is here to answer all your questions and address your concerns. We can help you assess your legal options and determine whether filing a wrongful death claim is right for you and your loved ones. While our goal is to secure maximum compensation through skilled and, if necessary, aggressive litigation tactics, we will always treat you and your family with the respect, compassion, and sensitivity you deserve.
Many law firms treat clients like case numbers. At Holston & Huntley, however, we strive to provide a warm and welcoming environment for every individual and family we serve. Many of our clients have just experienced devastating losses, and we are deeply committed to putting our years of experience to work for their families. If you’re looking for skill, accessibility, efficiency, and genuine care, get in touch with our team today.
Are you looking for advice as to what you should do in the event of an accident? Contact us today to receive a free guide and checklist from Holston & Huntley LLC to always be prepared.
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