It is extremely difficult to accept the loss of a loved one’s life if there is reason to believe it was caused by someone else’s mistake, carelessness or malicious intent to harm. A wrongful death lawsuit could give your family the answers, justice and closure it deserves.
At BMW Law Group, we are passionate about representing surviving family members in wrongful death cases. We operate on a contingency fee basis, meaning your family won’t pay a dime in attorney’s fees unless we win your case. Request a free consultation with our Atlanta wrongful death attorneys today.
Georgia state law defines wrongful death as the loss of life connected to someone else’s negligent, reckless, intentional or criminal acts. If your loved one had survived and been able to file a personal injury lawsuit in Atlanta, you most likely have grounds for a wrongful death claim.
There are many ways in which one person’s carelessness or recklessness can give someone else a fatal injury. If your loved one lost his or her life in any of the following circumstances, you may have grounds for a wrongful death claim:
Our Atlanta personal injury lawyers have experience representing surviving family members in these types of wrongful death cases and many others. We have the resources and ability to ensure your family has what it needs during the legal process.
You may not be aware that you need an attorney to represent you during a wrongful death claim until you are dealing with a difficult insurance company. Insurance providers are notorious for trying to diminish and deny death benefits. It is often necessary to hire an attorney before an insurance company will treat you fairly.
A wrongful death lawyer in Atlanta can help your family in many different ways, such as:
The Atlanta wrongful death attorneys at BMW Law understand legal processes and how to help grieving families after fatal accidents in Atlanta. We can calm your fears and take the first steps toward justice.
To have a valid wrongful death claim in Georgia, you must follow related laws and statutes. An attorney can help you navigate these laws in a way that is efficient and works toward your family’s unique goals.
A statute of limitations is a deadline on the ability to bring a lawsuit. Every state has a different statute of limitations on wrongful death claims. In Georgia, a plaintiff has no more than two years of the date of death to bring a wrongful death case to court. Failing to file within this time limit typically means the right to bring a lawsuit is lost.
In Georgia, the law states that the surviving spouse of the deceased person has the initial right to file a wrongful death claim. If the couple had minor children, the surviving spouse must also represent the interests of the kids. If these parties do not exist, the surviving parents or personal representative of the estate may file.
This question can only be answered by consulting with an Atlanta wrongful death lawyer. This is because each case is unique; no average wrongful death settlement exists in Georgia. If your case settles, an insurance company will determine the value of your wrongful death claim based on the extent of your losses and the expenses incurred related to the death. If your case goes to trial, a jury will determine a fair judgment award based on factors such as the extent of the family’s related expenses, the age of the decedent, the amount of mental anguish suffered by survivors, the decedent’s income, and more.
Before you can recover financial compensation, you or your attorney will need to prove your losses using evidence such as medical bills, receipts and pay stubs. You may also need to contend with defense strategies such as the comparative negligence defense, which claims that the decedent caused or contributed to his or her own death. Hiring an experienced wrongful death lawyer improves your chances of successfully navigating these complications.
At BMW Law Group, we realize that no amount of money can make up for losing someone that you loved. However, we have also seen firsthand how a successful settlement or jury verdict can help a family pay off related debts and move forward with greater financial security. We hope that our legal services can secure the financial compensation that you and your family deserve after the trauma of losing a loved one.
The financial compensation that may be available in a wrongful death claim can include the following economic and noneconomic damages:
Georgia law permits surviving family members, beneficiaries and/or the decedent’s estate to recover compensation for both the surviving family’s claimed losses and the losses that the decedent suffered between the date of injury and the date of death. Any compensation awarded will be distributed to beneficiaries and the estate according to the deceased person’s will or the rules of intestate succession.
Many states impose damage caps or limits on the maximum amount of financial compensation that can be received by a plaintiff. Georgia used to have a damage cap on certain types of civil claims. In 2010, however, the Georgia Supreme Court ruled damage caps unconstitutional. This means that there are currently no damage caps on wrongful death compensation in Georgia.
That is not to say, however, that damages are limitless. Although no cap technically exists on economic or noneconomic damages in a wrongful death claim in Georgia, there is a limit on punitive damages. This is a type of financial award granted to a plaintiff to punish a defendant for especially wrongful acts, such as malicious intent to harm or gross negligence.
State law currently limits the amount of punitive damages available in any civil claim to $250,000 – 75 percent of which must be paid into the state treasury. This limit is waived, however, in a product liability lawsuit, if the defendant had specific intent to harm, or if the defendant was under the influence of drugs or alcohol at the time of the incident. An attorney can help you calculate the value of your wrongful death claim.
The wrongful death lawyers at BMW Law Group care about families in Atlanta. We have spent many years representing the surviving family members of those wrongfully killed throughout Georgia. We are here to help you with the complicated legal process. Call (770) 225-4510 anytime or submit a request online and we will get back to you as soon as possible.