Atlanta Wrongful Death Lawyer

Atlanta Wrongful Death Lawyer: Representing Clients with Wrongful Death Cases Throughout Georgia

Losing a loved one due to someone else’s negligence is both heartbreaking and difficult to handle for many families. Whether the loss occurred in a car accident, as a result of medical malpractice, or through another tragic incident, families are often left struggling with grief, financial burdens, and the pursuit of justice. At Wetherington Law Firm, our experienced wrongful death lawyers are here to hold the responsible parties accountable and secure the compensation your family needs to move forward.

Georgia law allows certain surviving family members—such as the deceased’s spouse, children, or parents—to file a wrongful death claim. If no immediate family is available, the estate’s personal representative may step in. Compensation covers a variety of damages, including medical expenses, funeral costs, loss of financial support, and loss of companionship. Families can also pursue pain and suffering damages for the emotional distress caused by the death, as well as punitive damages in cases involving reckless behavior, such as DUI accidents.

Wrongful death claims are tragically common in Georgia, with motor vehicle accidents accounting for 40% of cases and over 1,800 fatalities in 2022 alone. Medical malpractice claims are also on the rise, with around 2,000 filed annually. These cases often lead to significant settlements, sometimes reaching six or seven figures. Successfully pursuing a wrongful death claim requires expertise, and our firm handles everything—from gathering evidence and consulting expert witnesses to negotiating with insurers and preparing for trial. Our personal injury lawyers know the emotional and financial toll these cases take on families.

With over $100 million secured in settlements for our clients, we have the experience and track record to fight for justice and financial relief. Matt Wetherington, our lead Atlanta wrongful death lawyer, is deeply committed to helping families through this difficult time and ensuring those responsible are held accountable throughout Georgia.

At Wetherington Law Firm, we believe legal representation should be accessible to all, which is why you pay nothing unless we win your case. Our contingency fee structure ensures our full commitment to securing maximum compensation for your family. While no amount of money can replace your loved one, a successful wrongful death claim can provide closure, financial security, and help prevent future tragedies. Contact us today for a free case evaluation and let us help you pursue justice and compensation in any part of Georgia.

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.

What Compensation Can You Recover in a Wrongful Death Case?

In a wrongful death case, the family of the deceased can recover various types of compensation to help ease the financial and emotional burden. According to O.C.G.A. § 51-4-2(a), compensation in a wrongful death case may include:

• Medical Expenses: Any medical bills that were incurred before your loved one passed away due to the accident or injury.
• Funeral and Burial Costs: The cost of the funeral and burial services can be compensated.
• Lost Wages: If your loved one provided financial support to the family, you can seek compensation for the income they would have earned had they lived.
• Pain and Suffering: This compensation covers the emotional pain and grief the family experiences as a result of losing their loved one.
• Loss of Companionship and Support: The emotional and personal loss suffered by the family, including the loss of love, care, and guidance, can also be compensated. These compensations are designed to help families move forward while holding the responsible party accountable for their actions.

How is the 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.

How Our Atlanta Wrongful Death Lawyer 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.

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. 

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 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.

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.gia.