Atlanta Wrongful Death Lawyer

Family giving their last goodbyes at the cemeteryMajor injuries happen on a daily basis in Atlanta. In most of these cases, the victim is able to at least partially recover and continue living their life. Unfortunately, there are instances in which the victim dies due to their injuries.

If these injuries are caused by someone else’s actions or negligence, the family of the victim may be able to recover compensation through a wrongful death lawsuit. The Atlanta wrongful death lawyers at Scholle Law can help you navigate the complex issues that surround this type of legal action. 

We know that no amount of money can heal the pain and grief you feel. However, fair compensation can provide some peace of mind for you and your family during this difficult time. Our compassionate attorneys will do everything we can to take the legal burden of a wrongful death suit off your hands so you can focus on being with your family. 

Call our Midtown Atlanta offices at (678) 509-8308, our Perimeter offices at (678) 661-3547, or  toll-free (866) 592-1296. You can also contact us online for a free, no-obligation consultation with an Atlanta wrongful death lawyer.

What Is Wrongful Death?

Wrongful death occurs when a person loses their life due to someone else’s actions or negligence. Virtually any incident that can result in injury can also result in wrongful death. Some of the most common causes of wrongful death include:

 

How to File a Wrongful Death Lawsuit

Woman comforting crying young girlO.C.G.A. § 51-4 details how wrongful death lawsuits are handled in Georgia. Perhaps most importantly, it describes who can and cannot bring a lawsuit. According to O.C.G.A § 51-4-2, the first party who can bring a wrongful death suit is any surviving spouse. 

If there is no surviving spouse, surviving children may bring the suit. If there are no children to file the lawsuit, the parents or other heir (or next of kin) may file the lawsuit. Finally, if none of these parties are available, a representative of the estate may bring a wrongful death lawsuit.

Damages that Can Be Recovered in a Wrongful Death Lawsuit

Under Georgia law, there are three types of damages that can be paid to the surviving family members of a wrongful death victim. These include:

  • The full value of the decedent’s (deceased person’s) life
  • Funeral and other estate expenses
  • Medical expenses, including pain and suffering, of the victim after the fatal incident

O.C.G.A. § 51-4-1 defines the “full value of the life of the decedent, as shown by the evidence” as “the full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived.” Or, put another way, it covers the lost wages, lost earning capacity, lost value of household work, and other real monetary losses the victim’s family suffered due to the decedent’s death.

In rare instances, punitive damages may also be assessed. Punitive, or exemplary, damages are intended to punish the wrongdoer and/or deter future similar action. Georgia law dictates that punitive damages may only be assessed if “the defendant’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.(O.C.G.A. § 51-12-5.1)

If punitive damages are assessed, the majority of the awarded amount is paid to the Office of the State Treasurer. Again, punitive damages are intended to punish the defendant, not compensate the plaintiff. 

 

How Wrongful Death Is Proven in Georgia

As we mentioned, wrongful death can arise from the intentional actions or negligence of another party. In most cases, negligence is the key factor. In legal terms, “negligence” refers to “behavior that fails to meet the level of care that someone of ordinary prudence would have exercised under the same circumstances.”

In order to prove negligence, four general criteria must be proven. These include:

  1. Doctor upset after a surgeryDuty of care: A duty of care means a person has a responsibility to not cause harm to a specific other person. For instance, all drivers have a duty of care to take reasonable steps to avoid causing a car accident. Medical professionals have a duty of care to not cause undue harm to a patient. 
  2. Breach of duty: Once duty of care has been established, you must next prove that the defendant breached that duty. To use the same examples, someone who is texting while driving and therefore caused a wreck breached their duty of care. A doctor who prescribes medicine without evaluating drug interactions has also breached this duty.
  3. Causation: Just because someone breached their duty of care does not automatically mean they were negligent. You must also prove that their actions directly caused your injuries. For instance, if a driver is texting and causes a wreck, and you are in a separate wreck because you were distracted by the first collision, the person who caused the first collision cannot be held liable for your injuries. 
  4. Real damages: Finally, you must prove that there were real monetary losses associated with the defendant’s actions. This can include medical bills, lost wages, lost earning capacity, and more. In cases of wrongful death, these damages are relatively easy to prove.

Speak to an Atlanta Wrongful Death Attorney Today

Wrongful death is a highly complex area of law. Trying to figure out who can be held liable and how much compensation you are owed is never easy, especially without a law degree. Even if you understand the law, dealing with a lawsuit while grieving your loss is difficult, to say the least. 

At Scholle Law, we know that no amount of money can heal the pain and grief you feel. However, fair compensation can provide some peace of mind for you and your family during this difficult time. Our compassionate attorneys will do everything we can to take the legal burden of a wrongful death suit off your hands so you can focus on being with your family. 

Call our Midtown Atlanta offices at (678) 509-8308, our Perimeter offices at (678) 661-3547, or  toll-free (866) 592-1296. You can also contact us online for a free, no-obligation consultation with an Atlanta wrongful death lawyer.