Wrongful Death Lawyer in Atlanta
Wrongful Death Attorney
Surviving the death of a loved one isn't easy. And, if your grief is wrapped up in another person's negligence, it may be an even more difficult and trying time for you.
If you are sure that the death of your loved one has been caused by someone else - through negligence or intention - be it a driver in a car accident or even a doctor, it's best that you take it to a wrongful death attorney.
Kate Franke Law can help you file a wrongful death lawsuit once our lawyers have seen all the evidence that determined your claim to be viable. Once we've collected the evidence, we will seek the compensation you deserve from the responsible party.
What is a Wrongful Death?
In legal terms, wrongful death is the loss of life as a result of another person's negligent or deliberate behavior. These lawsuits aim to hold the person liable for the preventable loss of life. In Atlanta, wrongful death laws were created so a victim's family can seek compensation and gain financial stability following a sudden incident - just as with personal injury claims.
The Georgia Wrongful Death Act
This act outlines the various possible legal grounds for a wrongful death claim in Georgia, including:
- Criminal actions
- Medical malpractice
- Wrongful deaths caused by dangerous or defective consumer products
- Faulty construction and engineering malpractice
- Nursing home abuse or neglect
- Driving under the influence of alcohol or illicit drugs
- Contaminated food or other sanitation issues in commercial establishments
- Pedestrian accident fatalities
- Illegal or improper alcohol service
Our Process
- Proof: To prove negligence, your wrongful death attorney will have to show the person in question owed the deceased a duty to prevent him or her from unreasonable harm - and there was a breach of this duty.
- Direct Cause: After your wrongful death lawyer proves negligence, they must show that this breach of duty directly contributed to the death.
- Damages lost: Your wrongful death attorney must then prove that the family suffered damages as a result of their loved one's death - this includes financial and non-financial damages. Our lawyers will work with experts to determine the extent of your losses.
Wrongful Death Damages
In Atlanta, survivors of the victim may be able to pursue compensation for 'the full value of the life of the decedent'. This aims to cover material damages and further damages such as the emotional pain and distress the family endured. This means the damages will include all medical bills, funeral expenses, and possibly punitive damages. Punitive damages are available if the offending party broke the law.
Further damages include:
- Pain and suffering for the estate of the deceased
- Compensation for the deceased's suffering before their death
- Loss of future wages
- Loss of relationship compensation for a child, spouse, or parent
- Loss of work and retirement benefits
Who is Eligible to File a Wrongful Death Claim?
For you to file a wrongful death claim, you must be the deceased person's spouse, adult child, parent, or personal representative of the estate. Personal representatives must resettle any damages recovered in a wrongful death case to the deceased person's next of kin or follow the instructions listed in the will or estate.
Proving Negligence
For a wrongful death claim to be successful, your wrongful death lawyer will need to demonstrate:
- Duty: There must be proof that the defendant owed the decedent a duty of care.
- Breach: Proof must show that the defendant breached or violated this duty of care when another sensible person would have acted appropriately.
- Damage: That the confirmed breach of duty directly resulted in the death of the victim.
- Causation: Proof must show that the death resulted from the defendant's actions and not some other cause.
How to Get Started
Wrongful death claims are complex lawsuits and will need expertise from a personal injury firm. The systems, processes, and paperwork necessary to file your claim are tricky to comprehend. That's why it's best to turn to the professionals; a wrongful death attorney can make this process much easier for you and your family. This is how our wrongful death lawyer will help you, after the traumatic death of your loved one:
- First off, we'll help set up an estate and name a representative, if your loved one's will doesn't already include one.
- After this, we'll start our investigation into what happened and determine whether your case has merit under Atlanta's wrongful death guidelines.
- Next, we'll file the documents and get the paperwork underway. These procedures take time, and the statute of limitations for wrongful death claims in Atlanta is two years from the date of the death, in most cases.
How Kate Franke Law Can Help
Our team at Kate Franke Law is committed to helping those who have lost a loved one obtain compensation and fairness for their loss. Call Kate Franke Law for a free consultation. We are here to guide you through complex insurance issues, workers' compensation claims, and wrongful death lawsuits. This is a stressful time; calling the professionals is the right thing to do.
Call us at 855-529-5283 to find out more.
Contact Us Today!
Let us help you figure out your best next steps are. The sooner you have a plan of action, the better your chances of taking the correct steps to get the results you want.