Atlanta Wrongful Death Lawyer

Atlanta Wrongful Death Lawyer: Representing Families with Wrongful Death Cases Throughout Atlanta, Georgia

Losing a loved one because of someone else’s negligence is one of the hardest things a family can endure. Whether the tragedy stems from a car accident, medical malpractice, or another avoidable incident, the aftermath often leaves families grieving, financially strained, and seeking justice. Our experienced and dedicated Atlanta wrongful death lawyer is here to guide you through this difficult time, hold those responsible accountable, and secure the compensation your family deserves.

In Georgia, certain family members—such as a spouse, children, or parents—have the right to file a wrongful death claim. If no immediate family is available, the personal representative of the deceased’s estate can take action. These claims seek compensation for a range of damages, including medical bills, funeral costs, lost income, and the emotional loss of companionship. In cases involving egregious negligence, such as drunk driving, families may also pursue punitive damages to deter similar behavior in the future.

Tragically, wrongful death cases are all too common in Georgia. In 2022 alone, over 1,800 fatalities were linked to motor vehicle accidents, accounting for nearly 40% of wrongful death claims. Medical malpractice is another leading cause, with approximately 2,000 cases filed each year. These cases often result in substantial settlements, but achieving justice requires skilled legal representation.

With more than $100 million recovered for our clients, Wetherington Law Firm has a proven track record of success in wrongful death cases. Our lead attorney, Matt Wetherington, is a highly respected Atlanta wrongful death lawyer with years of experience helping families across Georgia. From investigating the details of your case to negotiating with insurance companies or presenting a compelling argument in court, our team handles every aspect of the legal process so you can focus on healing.

As an Atlanta-based law firm, we’re deeply connected to the community. We understand the local courts, the nuances of Georgia law, and the challenges families face after a wrongful death. While no amount of money can replace your loved one, a successful claim can provide financial security, hold negligent parties accountable, and help prevent future tragedies.

If you’ve lost a loved one due to someone else’s negligence, don’t face this journey alone. Contact Wetherington Law Firm for a free consultation with an experienced Atlanta wrongful death attorney. Let us help you pursue justice, secure compensation, and find a path forward. Call us today or fill out our online form to get started.

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How Our Atlanta Wrongful Death Lawyers Can Help You

Dealing with a wrongful death case can be overwhelming, but our Atlanta wrongful death lawyers are here to guide you through every step. Here’s how we can help:

• Investigating the Case: We will thoroughly investigate the circumstances of your loved one’s death, gathering all necessary evidence like medical records, accident reports, and witness statements to build a strong case.
• Proving Negligence: One of the most important parts of a wrongful death case is proving that someone else’s negligence or wrongdoing caused the death. We will work to show that the responsible party failed in their duty to act responsibly, leading to the tragic event.
• Handling the Legal Process: From filing the initial claim to negotiating with insurance companies or presenting your case in court, we take care of all the legal work so you don’t have to worry about it.
• Negotiating for Fair Compensation: We will fight to ensure you receive full compensation for medical expenses, funeral costs, lost wages, and the emotional pain your family has suffered.
• Providing Compassionate Support: We understand that this is a difficult time for your family, and we are committed to providing caring, personalized legal support throughout the process.

How We Approach Wrongful Death Cases in Atlanta, GA

Our process starts with a free case evaluation where we listen to your story, understand the specifics of your loss, and evaluate your case. We conduct thorough investigations, gathering all the evidence necessary to prove negligence and liability. Our team works with experts in accident reconstruction, medical review, and financial evaluation to build a strong case on your behalf.

We are well-versed in negotiating with insurance companies, and if a fair settlement is not offered, we are prepared to take your case to trial. Throughout the process, we remain transparent about your options and work tirelessly to maximize your compensation. This includes recovering damages for medical bills, funeral expenses, lost income, emotional suffering, and loss of companionship.At Wetherington Law Firm, we believe that justice should be accessible to everyone. That is why we operate on a contingency fee basis – you don’t pay unless we win. Our attorneys will handle the legal complexities so you can focus on your family and healing.

If you have lost a loved one due to someone else’s negligence, don’t wait. Contact Wetherington Law Firm online or call us at (404) 888-4444 for a free consultation today. Let us handle the legal challenges while you focus on healing. We are here to fight for justice and secure the compensation your family deserves.

What Is a Wrongful Death Claim?

A wrongful death claim is a legal action taken when someone’s death is caused by another person or company’s careless or intentional actions. In Georgia (O.C.G.A. § 51-4-1), the purpose of a wrongful death claim is to hold the responsible party accountable and provide financial compensation to the family of the deceased.

This claim allows family members to seek compensation for the losses they’ve suffered, such as the loss of the deceased’s income, support, and companionship. Wrongful death claims differ from criminal cases because they focus on compensating the family rather than punishing the wrongdoer.

What is Wrongful Death?

According to the Georgia Code, wrongful death is defined in O.C.G.A. § 51-4-1 as:

“Homicide” includes all cases in which the death of a human being results from a crime, or from criminal or other negligence, or from property or product defects, or from breach of warranty or contract.”

In essence, wrongful death under Georgia law occurs when someone’s death is caused by the negligent, reckless, intentional, or criminal actions of another party. This can also include product defects or failure to uphold contractual obligations.

Who Can File a Wrongful Death Claim in Georgia?

In Georgia, the right to file a wrongful death claim is outlined in O.C.G.A. § 51-4-2(a). The first right belongs to the spouse of the deceased. If there is no spouse, the children of the deceased can file the claim. If there are no children, the parents (O.C.G.A. § 19-7-1(c)) of the deceased may file. If none of these relatives are available, the representative of the deceased’s estate (O.C.G.A. § 51-4-5(a)) can file the claim on behalf of the next of kin.

This legal process ensures that the family receives financial compensation for the emotional and financial losses they’ve experienced due to their loved one’s death.

Common Causes of Wrongful Death in Atlanta, GA

Wrongful death can happen in many different situations where someone’s actions or negligence leads to a tragic loss of life. Some common causes of wrongful death in Atlanta include:

• Car Accidents: Fatal car crashes caused by reckless driving, speeding, drunk driving, or distracted driving are a leading cause of wrongful death claims.
• Medical Malpractice: When doctors or healthcare providers make serious mistakes, like misdiagnosing an illness, surgical errors, or providing improper treatment, it can result in wrongful death.
• Workplace Accidents: Jobs in construction or other hazardous environments can lead to fatal injuries due to unsafe conditions or equipment failures.
• Defective Products: Sometimes, a dangerous or poorly designed product can cause fatal injuries. In these cases, the manufacturer may be held responsible.
• Criminal Acts: Homicides or other violent crimes that lead to death can also result in a wrongful death claim against the responsible party. 

Each of these situations involves different legal considerations, but all aim to bring justice to families who have lost a loved one.

How is Wrongful Death Settlement Divided Among Surviving Family Members?

Georgia law explains how compensation from a wrongful death case is shared among family members. According to the law (O.C.G.A. § 51-4-2(d)(1)), the settlement is split equally between the surviving spouse and children. However, the spouse will always receive at least one-third of the total amount, no matter how many children there are.

If the claim is made by the estate, the money is distributed based on the victim’s Will. If there’s no Will, Georgia law decides how it is divided.

With our experience and dedication, we will work tirelessly to help you get the justice and financial recovery your family deserves. Contact us today for a free no obligation consultation. 

Types of damages in a wrongful death claim

When someone loses a loved one due to another party’s negligence, filing a wrongful death claim is a way to seek justice and compensation. But what exactly can you claim in terms of damages? Let’s break it down into categories to make it easier to understand. According to O.C.G.A. § 51-4-2(a), compensation in a wrongful death case may include

1. Economic Damages

These damages cover the financial contributions the deceased would have made if they were still alive. Think of things like:

• Lost wages: If your loved one was the primary breadwinner, their income loss can significantly impact your family.
• Medical expenses: Any medical bills incurred before your loved one passed away.
• Funeral and burial costs: These can add up quickly and are usually recoverable in a wrongful death case.

2. Non-Economic Damages

This category focuses on the emotional and intangible losses you’ve suffered. These include:

• Loss of companionship: Losing a spouse, parent, or child means losing their love, guidance, and support.
• Pain and suffering: The emotional distress caused by the death of a loved one is immeasurable but compensable.

3. Punitive Damages

While not available in every case, punitive damages are meant to punish the wrongdoer for particularly reckless or intentional behavior. For example, if a drunk driver caused the death, punitive damages might apply.

Why You Need an Experienced Georgia Wrongful Death Lawyer for Your Case

During this difficult time, an experienced wrongful death lawyer in Atlanta can provide the guidance and support you need to navigate the legal process and seek justice for your family.

Here’s why hiring a wrongful death attorney in Atlanta is essential for your case:

1. Understanding Georgia’s Complex Wrongful Death Laws

Georgia has specific laws governing wrongful death claims, including who can file a claim, what damages can be recovered, and the deadlines for taking legal action. These laws can be confusing for families unfamiliar with the legal system. A knowledgeable lawyer will ensure your case is filed correctly and on time, helping you avoid costly mistakes that could jeopardize your claim.

2. Building a Strong Case with Evidence

Proving wrongful death requires gathering and presenting compelling evidence, such as medical records, accident reports, witness statements, and expert testimony. An experienced lawyer knows how to investigate the circumstances of your loved one’s death, identify liable parties, and collect the evidence needed to build a strong case.

3. Negotiating with Insurance Companies

Insurance companies often prioritize their bottom line over your family’s needs. They may offer lowball settlements or try to deny your claim altogether. A skilled wrongful death lawyer will handle all communication with insurers, ensuring they take your case seriously and negotiating aggressively for the compensation your family deserves.

4. Maximizing Compensation

The financial impact of losing a loved one can be significant, from medical bills and funeral costs to the loss of future income and emotional support. An experienced lawyer will calculate the full extent of your family’s losses, including non-economic damages like pain and suffering, to ensure you receive the maximum compensation possible.

5. Providing Emotional Support and Advocacy

Dealing with a wrongful death case is emotionally draining. A compassionate lawyer will not only handle the legal complexities but also provide the support and understanding you need during this challenging time. They will be your advocate, fighting for your family’s rights while you focus on healing.

6. Holding Negligent Parties Accountable

A wrongful death claim isn’t just about financial compensation—it’s about justice. By holding the responsible parties accountable, you can help prevent similar tragedies from happening to others in the future. A dedicated Atlanta wrongful death lawyer will ensure those at fault are held responsible for their actions.

7. Peace of Mind

When you have a skilled attorney handling your case, you can rest assured that your family’s interests are being protected. This peace of mind allows you to focus on honoring your loved one’s memory and moving forward with your life.

At Wetherington Law Firm, we understand the pain and uncertainty families face after losing a loved one. Our experienced Atlanta wrongful death lawyers are here to guide you through the process, fight for justice, and secure the compensation your family needs to rebuild. Contact us today for a free consultation and let us help you take the first step toward healing.

Who is a Wrongful Death Lawyer?

A wrongful death lawyer is an attorney who helps families seek justice and compensation when they lose a loved one because of someone else’s negligence or intentional actions. Think of it this way: if someone’s carelessness or wrongful behavior causes a death—like in a car accident, medical malpractice, or a workplace incident—a wrongful death lawyer steps in to represent the family. If you suspect wrongful death, contact Wetherington Law Firm at (404)-888-4444 or fill out our quick online form for free case evaluation. 

Their job is to guide you through the legal process, prove the other party was at fault, and fight for damages like lost income, funeral expenses, and the emotional loss you’ve suffered. Essentially, they’re there to help you hold the responsible party accountable and provide some measure of financial relief during an incredibly tough time.

If you’re dealing with this kind of loss, a compassionate and experienced wrongful death attorney can make a huge difference in navigating the legal and emotional challenges ahead.

Qualities to Look for in a Wrongful Death Lawyer

Choosing the right wrongful death lawyer can feel overwhelming, especially when you’re grieving and trying to make sense of a complex legal process. But finding the right attorney is critical to ensuring your family gets the justice and compensation you deserve. Here are some key qualities to look for when hiring a wrongful death attorney.

1. Experience in Wrongful Death Cases

Not all personal injury lawyers have experience with wrongful death claims. These cases are unique and require a deep understanding of state laws, like Georgia’s wrongful death statutes. Look for an attorney who has a proven track record of handling similar cases and achieving favorable outcomes.

2. Compassion and Empathy

This isn’t just another case for you—it’s personal. A good wrongful death lawyer understands that and will treat you with compassion and respect. They should take the time to listen to your story, answer your questions, and provide emotional support while guiding you through the legal process.

3. Strong Negotiation Skills

Most wrongful death cases are settled out of court, so you need a lawyer who knows how to negotiate effectively with insurance companies and opposing attorneys. An experienced Atlanta wrongful death attorney will fight for the maximum compensation without settling for less than your family deserves.

4. Trial Experience

While many cases settle, some may need to go to trial. You’ll want a lawyer with courtroom experience who isn’t afraid to take your case before a judge or jury. This shows they’re confident in their ability to win and won’t back down under pressure.

5. Clear Communication

Legal jargon can be confusing, especially during such an emotional time. A great lawyer will break everything down in plain language and keep you updated on your case’s progress. You should feel comfortable asking questions and confident in their answers.

6. Local Knowledge

If you’re filing a wrongful death claim in Georgia, it’s a good idea to work with a lawyer familiar with local courts, judges, and laws. An attorney based in Atlanta or another part of Georgia will have the insight needed to navigate the system effectively.

7. Reputation and Reviews

Take the time to research potential attorneys. Look for online reviews, client testimonials, and professional accolades. A lawyer with a strong reputation in the legal community is often a reliable choice.

8. Contingency Fee Arrangement

Most wrongful death attorneys work on a contingency fee basis, meaning you don’t pay unless they win your case. This shows they’re confident in their ability to secure compensation for you and ensures you’re not taking on financial risks during an already difficult time.

How to Choose the Right Wrongful Death Lawyer

Losing a loved one is devastating, and finding the right wrongful death lawyer to represent your family can feel overwhelming. But choosing the right attorney is one of the most important steps you can take to get justice and fair compensation. Here’s a simple guide to help you make the best choice:

1. Look for Experience in Wrongful Death Cases

Not all lawyers specialize in wrongful death claims. These cases are complex and require knowledge of specific laws, such as Georgia’s wrongful death statutes. Find an attorney with a proven track record of handling similar cases and successfully obtaining compensation for families.

2. Check Their Reputation

Do some research online. Look for client reviews, testimonials, and ratings on platforms like Google or Avvo. A lawyer with a strong reputation for professionalism, empathy, and results is often a good choice.

3. Ask About Their Approach

Every case is different, so you want a lawyer who will take the time to understand your unique situation. During your initial consultation, ask how they would handle your case. A good attorney should explain the process clearly and tailor their strategy to your needs.

4. Prioritize Communication

The legal process can be stressful, and you don’t want to be left in the dark. Choose a lawyer who is easy to reach, keeps you updated on your case, and answers your questions in a way you understand. Clear and consistent communication is key.

5. Evaluate Their Compassion

A wrongful death case isn’t just about legal expertise—it’s about working with someone who understands the emotional toll of losing a loved one. Look for an attorney who shows genuine empathy and treats you with care and respect.

6. Consider Their Resources

Wrongful death cases often require extensive investigation, expert witnesses, and legal resources. Make sure the lawyer you choose has the tools and connections needed to build a strong case on your behalf.

7. Look for Trial Experience

While many cases settle out of court, some may need to go to trial. A lawyer with courtroom experience will be prepared to fight for you if negotiations with the insurance company don’t result in a fair settlement.

8. Understand Their Fee Structure

Most wrongful death lawyers work on a contingency fee basis, meaning you don’t pay unless they win your case. This arrangement reduces financial stress and shows that the attorney is confident in their ability to secure compensation for you.

Common Misconceptions About Wrongful Death Cases

Wrongful death cases are complex, and many people have misconceptions about how they work. Clearing up these misunderstandings can help families make informed decisions during an incredibly difficult time. Let’s break down some of the most common myths and set the record straight.

1. “It’s All About the Money”

Many people think wrongful death lawsuits are purely about financial gain. In reality, these cases are about holding the responsible party accountable and seeking justice for your loved one. While compensation can ease financial burdens, the emotional closure and sense of justice often mean even more to grieving families.

2. “Only Immediate Family Can File a Claim”

Who can file a wrongful death claim varies by state. In Georgia, for example, the surviving spouse, children, or parents of the deceased typically have the right to file. If none of these relatives are available, the representative of the deceased’s estate can pursue the claim.

3. “You Can File Anytime”

Wrongful death claims are subject to statutes of limitations, which set a deadline for filing. In Georgia, the general rule is two years from the date of death, but there are exceptions that can shorten or extend this timeframe. Waiting too long can jeopardize your ability to seek justice.

4. “The Case Will Take Years to Resolve”

While some cases can be lengthy, especially if they go to trial, many wrongful death claims are settled out of court within a reasonable timeframe. The duration depends on factors like the complexity of the case, the willingness of the other party to settle, and the availability of evidence.

5. “All Damages Are Financial”

Wrongful death claims aren’t just about recovering financial losses like lost wages and medical bills. Families can also seek compensation for non-economic damages, such as pain and suffering, loss of companionship, and emotional distress.

6. “You Don’t Need a Lawyer”

Some people think they can handle a wrongful death claim on their own. However, these cases involve complex legal processes, insurance negotiations, and evidence gathering. An experienced wrongful death lawyer can navigate these challenges and significantly increase your chances of a favorable outcome.

7. “If It Was an Accident, You Can’t File a Claim”

Even if the death was unintentional, you can still file a wrongful death claim if negligence or recklessness was involved. For example, a car accident caused by a distracted driver or a workplace incident due to unsafe conditions could qualify.

8. “You’ll Have to Go to Court”

Many people worry that filing a wrongful death claim means a long, stressful court battle. In reality, most cases are resolved through settlements. However, having a lawyer with trial experience ensures you’re prepared if the case does go to court.

The Legal Process for Wrongful Death Cases in Atlanta, Georgia

Losing a loved one to negligence is a devastating experience, and pursuing a wrongful death claim can feel overwhelming. Understanding the legal process can help you navigate this journey with confidence. Here’s a concise breakdown of the steps involved in wrongful death cases in Georgia:

1. Initial Consultation and Case Evaluation

The process begins with a consultation with a wrongful death attorney. During this meeting, the attorney will review the details of your case, assess its merits, and explain your legal options. This step is crucial for determining whether you have a valid claim and identifying the parties responsible for your loved one’s death.

2. Investigation and Evidence Gathering

Once you decide to move forward, your attorney will conduct a thorough investigation. This includes collecting evidence such as accident reports, medical records, witness statements, and expert opinions. The goal is to establish liability and prove that the responsible party’s negligence caused the death.

3. Filing the Claim

Your attorney will file a wrongful death claim on your behalf. In Georgia, this claim can be brought by certain family members, such as a spouse, children, or parents, or by the estate’s representative if no immediate family is available.

4. Negotiating with Insurance Companies

Insurance companies often try to minimize payouts. Your attorney will handle all negotiations, advocating for a fair settlement that covers medical expenses, funeral costs, lost income, and emotional damages. This step often involves back-and-forth discussions to reach an agreement.

5. Filing a Lawsuit (If Necessary)

If a fair settlement cannot be reached, your attorney may file a lawsuit. This involves preparing legal documents, presenting evidence, and representing your family in court. While many cases settle before trial, having an attorney ready to litigate can strengthen your position during negotiations.

6. Trial and Resolution

If the case goes to trial, both sides will present their arguments, and a judge or jury will decide the outcome. If successful, the court will award compensation to your family based on the damages suffered.

7. Distribution of Compensation

In Georgia, compensation is distributed according to state laws. For example, a surviving spouse typically receives at least one-third of the total settlement, with the remainder divided among children. If the estate filed the claim, the funds are distributed based on the deceased’s will or Georgia’s intestacy laws.

8. Closure and Moving Forward

A successful wrongful death case can provide financial relief and a sense of justice. While no amount of money can replace your loved one, holding the responsible party accountable can help bring closure and prevent similar tragedies.

Georgia’s Statute of Limitations for Wrongful Death Claims

In Georgia, there is a strict deadline for filing a wrongful death claim, known as the statute of limitations. This law gives you two years from the date of your loved one’s death to file a wrongful death lawsuit. If you don’t take action within this time frame, you could lose the right to seek compensation altogether.

It’s important to act quickly, not just because of the deadline but also to preserve evidence and build a strong case. Witness memories fade, documents can get lost, and important details may become harder to prove as time passes. By contacting an attorney as soon as possible, you give yourself the best chance of securing the compensation you deserve. We are here to help you navigate the legal process and ensure all deadlines are met.

What Evidence Is Needed for Wrongful Death Lawsuit in Georgia?

Providing evidence in wrongful death lawsuit is critical to establishing the facts of the case, proving liability, and demonstrating the extent of the damage suffered. And it sets you on the trajectory to gaining a firm ground on your claim. Here are some evidence you can provide to aid your wrongful death claim:

1. Death certificate: This is an official proof of death certificate which contains details such as cause, place, and place of death. You will need this certificate to establish the facts in court. 
2. Medical record: This includes hospital name, doctor’s note, autopsy report to know the cause of death of your loved one. 
3. Accident report: This is a report that states in detail the circumstance(s) surrounding the death of your loved one. It also includes statements from eye witnesses. 
4. Proof of relationship: This is a document that proves that you as the claimant filing a wrongful death suit have a relationship with the deceased.
5. Photos/videos: These are compelling materials than can give your claim a huge boost. Getting photos of the accident scene, injuries sustained, or any other useful proof will you sustain your ground on the claim of a wrongful death.

The Georgia wrongful death law requires these evidences and the ability to connect them to the cause of death to prove your case.

Frequently Asked Questions About Wrongful Death Cases

Here are some common questions families ask when dealing with a wrongful death case:

How long does a wrongful death case take?

The length of a wrongful death case varies. Some cases settle quickly in a few months, while others may take longer, especially if they go to trial. We work hard to resolve cases as quickly as possible while still fighting for the best outcome.

Can I still file a claim if my loved one was partially at fault?

Yes, you may still be able to recover compensation, even if your loved one was partially responsible for the incident. Georgia follows a law called comparative negligence, which means your compensation may be reduced based on the percentage of fault assigned to your loved one.

What happens if the responsible party doesn’t have enough insurance?

In some cases, the at-fault party’s insurance may not fully cover your losses. We can help you explore other options, such as seeking compensation through your own insurance or pursuing additional legal action against other responsible parties.

Contact Our Atlanta Wrongful Death Lawyers Today

If you’ve lost a loved one due to someone else’s negligence, you don’t have to go through this difficult time alone. Our experienced Atlanta wrongful death lawyers are here to provide the support and guidance you need to seek justice. We will fight for your family’s rights and work to secure the compensation you deserve. Contact us today for a free consultation to discuss your case. Let us handle the legal process so you can focus on healing. Call us now, and let’s take the first step toward justice together.