Atlanta Wrongful Death Attorney

T. Madden & Associates, P.C. > Atlanta Wrongful Death Attorney

Frustrated Man With His Hands on His HeadLosing a loved one is one of the most devastating experiences anyone can go through, and when that loss is due to the negligence or wrongful actions of another party, the grief can be overwhelming. 

At T. Madden & Associates, we understand the pain and emotional toll that comes with such a tragedy. Our Atlanta wrongful death attorneys are dedicated to helping families who have lost a loved one due to negligence, carelessness, or intentional harm. We will fight for the justice and compensation your family deserves during this difficult time.he practical support and knowledge you need.

If you are seeking justice for your loved one’s wrongful death, reach out to T. Madden & Associates. for a free consultation. Call us today at 706-807-1998 for a free case evaluation to discuss your case and learn how we can assist you during this difficult time.

What is Wrongful Death?

In Georgia, a wrongful death claim arises when the gross negligence, recklessness, intentional misconduct, or wrongful actions of another party cause a person’s death.

Common causes of wrongful death include:

If you believe your loved one’s death was caused by another’s wrongdoing, you may be entitled to compensation.

Who Can Be Held Liable for Wrongful Death Claims?

An Attorney Consoling ClientIn a wrongful death case, the responsible party or parties who caused the death can be held financially liable for the loss. The person or entity that can be held accountable depends on the circumstances surrounding the death. 

Common parties that may be liable include:

  • Negligent Drivers-In cases of car accidents, truck accidents, or motorcycle accidents, a driver who caused the fatal accident through reckless driving, drunk driving, or distracted driving may be held liable for the wrongful death.
  • Medical Professionals (Medical Malpractice)- If a healthcare provider (doctor, nurse, or hospital) made a mistake during surgery, diagnosis, or treatment that led to a patient’s death, the medical professional or facility may be liable for medical malpractice.
  • Employers– In cases where an employee’s negligence or recklessness causes a fatal injury during the course of their job, the employer may be held liable. This is often the case in workplace accidents or industrial accidents.
  • Product Manufacturers or Sellers– If a defective product causes death, the manufacturer, designer, or distributor of the product can be held accountable for a wrongful death. Common examples include defective vehicles, medications, or household appliances.
  • Property Owners (Premises Liability)- If a property owner fails to maintain a safe environment, such as a slippery floor or dangerous conditions on the property, leading to a fatal fall or injury, the owner may be held liable under premises liability law.
  • Criminals or Intentional Wrongdoers– In cases of violent crimes (such as murder or assault), the person who intentionally caused the death (such as a perpetrator of homicide) can be held criminally and civilly liable. Criminal charges may be separate from the wrongful death lawsuit, but the family may still pursue damages through civil litigation.
  • Government Entities or Municipalities- In some cases, a government entity or municipality (such as a city or state) can be held liable if their negligence (e.g., failing to maintain safe roads or infrastructure) caused the fatal accident.
  • Rideshare Companies- If a rideshare driver causes a fatal accident while working for Uber, Lyft, or another rideshare service, the rideshare company may be held liable for the death, especially if the driver was negligent or the company failed to properly screen or train the driver.
  • Other Parties- In some cases, liability may extend to other parties who played a role in causing the death, such as bar owners who serve alcohol to an intoxicated person, or a school that fails to provide proper supervision leading to a fatal accident.

Wrongful death cases involve complicated legal and emotional considerations. A client-focused Atlanta wrongful death lawyer can guide you through the process of seeking justice and financial compensation for the loss of your loved one.

Who Can File a Wrongful Death Lawsuit in Atlanta?

In Atlanta, the following individuals are eligible to file a wrongful death lawsuit on behalf of the deceased person. The specific individuals allowed to sue depend on their relationship to the deceased and the laws of the state.

  • Spouse– A surviving spouse is typically the first person who has the right to file a wrongful death lawsuit in Georgia. The spouse can seek compensation for the loss of companionship, emotional distress, and financial support.
  • Children- If the deceased person did not have a surviving spouse, their children may file a wrongful death lawsuit. If the deceased has both a spouse and children, the spouse and children can jointly file the lawsuit. In some cases, children may file individually if they are adults.
  • Parents- If the deceased person was unmarried and did not have children, the parents of the deceased may be eligible to file the lawsuit. This is often the case when a young person or child has died and leaves no surviving spouse or children.
  • Personal Representative of the Estate– In certain situations, a personal representative (also known as the administrator or executor) of the deceased’s estate may file a wrongful death lawsuit on behalf of the family members. This representative is usually named in the deceased person’s will or appointed by the court if there is no will. 

In Atlanta, other extended family members, such as siblings, cousins, or grandparents, do not have the right to file a wrongful death lawsuit unless they were financially dependent on the deceased or were named as a beneficiary in the deceased’s will.

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Statute of Limitations for Atlanta Wrongful Death Claims 

In Georgia, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the individual’s death. This means that grieving families must take legal action within this timeframe to avoid losing their right to seek compensation.

Certain situations, like cases involving government entities with shorter deadlines, may affect this two-year limit. If the death results from a crime, the statute of limitations may be paused until the criminal case concludes.

Timely legal action is essential to ensure claims are filed within the designated limits, avoiding the risk of dismissal.

What Compensation Can Families Recover in Wrongful Death Cases?

Although no amount of money can replace the loss of a loved one, a wrongful death lawsuit can provide financial relief and hold the responsible party accountable. Damages in a wrongful death case may include:

  • Funeral and burial expenses
  • Medical bills incurred before death
  • Loss of income and financial support
  • Loss of companionship, love, and emotional support
  • Pain and suffering experienced by the deceased before their death
  • Punitive damages (in cases of gross negligence or intentional harm)
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How Are Wrongful Death Settlements Calculated?

In wrongful death cases, calculating damages involves looking at both financial and emotional losses to ensure fair compensation for the family.

First, economic damages are assessed, which include clear financial losses. This covers lost income, considering what the deceased would have earned in the future, along with benefits like retirement savings. It also includes medical bills incurred before death and funeral expenses.

Additionally, non-economic damages account for the emotional impact of losing a loved one. This includes the loss of companionship, guidance, and emotional support that the deceased provided. While these losses are harder to measure, they are important in recognizing the family’s pain.

Wrongful death attorneys help calculate these damages accurately. Your lawyer will work with financial and psychological experts to understand the full extent of the loss, ensuring that all aspects of the family’s suffering are considered. By evaluating both economic and non-economic damages, wrongful death claims aim to provide the family with the financial support they need after their loss.

What Evidence is Needed to Prove a Wrongful Death Case?

Big Accident With a Car Rolled OverTo prove a wrongful death claim in Atlanta, specific evidence is required to establish that the responsible party’s actions led to the death of your loved one. Here’s what you need to demonstrate:

  1. Duty of Care: The responsible party owed a duty of care to the deceased. For example, drivers must follow traffic laws, and healthcare professionals must provide adequate care.
  2. Breach of Duty: The responsible party violated that duty, either through negligence, recklessness, or intentional misconduct.
  3. Causation: The breach of duty directly caused or significantly contributed to the death of your loved one.
  4. Damages: As a result of the death, the surviving family members or the deceased’s estate have suffered significant losses, such as financial hardships, emotional pain, or the loss of companionship.

Types of Evidence Used to Prove a Wrongful Death Case:

  • Medical Records: These records provide insight into the deceased’s health, the care they received, and the cause of death, especially in cases involving medical malpractice or health-related issues.
  • Accident Reports: Police or accident reports can provide details about the incident, including evidence of negligence, such as traffic violations or citations, which are vital in car accident cases.
  • Witness Testimonies: Statements from people who witnessed the incident can provide crucial information about the event and help establish the facts.
  • Expert Opinions: Expert witnesses, like doctors, accident reconstructionists, or forensic specialists, can offer professional opinions that support your case and explain complex issues, such as the cause of death or how an accident occurred.
  • Photographs and Videos: Visual evidence like photos or videos of the accident scene, injuries, or hazardous conditions can clearly show negligence or unsafe practices leading to the death.
  •  Financial Records: Documents related to the deceased’s income, earnings, and support provided to the family can be used to determine financial losses, such as lost wages or financial dependency.

Having solid, credible evidence is critical to winning a wrongful death case. It helps establish the responsible party’s liability and strengthens your case for fair compensation, ensuring your family receives the justice they deserve.

Factors Affecting Wrongful Death Settlements

Several things influence the amount of a wrongful death settlement, such as the relationship between the person filing the claim and the deceased, how much they depended on the deceased financially, and the emotional loss experienced by the surviving family members. For instance, a surviving spouse and young children who relied heavily on the deceased’s income might receive a larger settlement.

Economic damages like lost wages, medical bills, and funeral expenses play a key role in determining the settlement amount. Non-economic damages, such as emotional pain and loss of companionship, also significantly affect the total compensation.

When there are multiple parties responsible, calculating damages in wrongful death claims can be complicated. The level of fault and contribution to the death by each party must be evaluated, impacting the final settlement amount.

Challenges in Pursuing a Wrongful Death Lawsuit

Pursuing a wrongful death lawsuit comes with several challenges, starting with the emotional stress on the family. Proving negligence can be complex and often requires expert testimony, especially in medical malpractice cases.

Collecting evidence quickly is important, as information can fade over time. This includes witness statements, medical records, and other supporting documents. The legal process can be overwhelming, and disagreements over facts about the event can further complicate proving the cause of death.

Dealing with insurance companies and negotiating settlements adds another layer of difficulty. Insurance companies often aim to reduce payouts. Handling a wrongful death case alone can lead to missed compensation opportunities and increased emotional stress.

How We Assist Clients with Wrongful Death Claims

At T. Madden & Associates, we are committed to offering caring and skilled legal help to grieving families. Our firm focuses on easing the burden on families while actively pursuing substantial financial recovery.

We emphasize the importance of quickly securing evidence to build a strong case and overcoming challenges from insurance companies. Our wrongful death legal team in Atlanta is dedicated to seeking justice and ensuring families receive the compensation they deserve during this difficult time.

Comprehensive Case Evaluation

The first step in our process is a thorough case evaluation. At T. Madden & Associates, we offer a free case evaluation for potential clients. During this consultation, we listen to your story, answer questions, and provide tailored legal advice based on your situation.

This personalized attention ensures you understand your rights and potential legal actions. Our goal is to provide clarity and support from the start, laying the foundation for a strong legal case.

Experienced Legal Representation

Our team of Atlanta personal injury lawyers experienced in wrongful death, led by Attorney Terance Madden, has over 20 years of experience representing clients throughout Georgia. We understand the details of these cases and are committed to securing maximum compensation for economic and non-economic losses.

We work on a contingency fee basis, meaning you don’t pay unless we win compensation. There are no upfront payments; fees are collected only after a successful resolution. This allows you to focus on healing without added financial stress.

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Contact Our Atlanta Wrongful Death Attorneys to Maximize Your Compensation 

Photo of a Mallet and stethoscopeThe experienced and compassionate Atlanta wrongful death attorneys at T. Madden & Associates understand the legal and emotional challenges associated with pursuing a wrongful death case. Our attorneys are committed to fighting for the rights of surviving family members. We will leave no stone unturned to get you justice for the loss of your loved one and financial compensation to help you move on in life. 

Schedule your free and confidential consultation with us today. Call 706-807-1998 or write to us online.

FAQ

How long does a wrongful death case take?

The timeline varies based on the complexity of the case, the willingness of the opposing party to settle, and court schedules. Some cases may resolve in a few months, while others may take a year or more.

Will I have to go to court?

Many wrongful death cases are settled out of court through negotiations. However, if a fair settlement cannot be reached, we are fully prepared to take the case to trial and fight for maximum compensation.

How do I get started with my wrongful death case?

The first step is scheduling a free consultation with our firm. We will evaluate your case, explain your rights, and outline the best course of action to pursue justice for your loved one.

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T. Madden & Associates, P.C has an answer for all of your legal questions! We are a Personal Injury firm, so we handle many types of injury cases from auto collisions to wrongful death! If you or someone you know is injured, T. Madden & Associates, P.C. can help.

We are proud to offer free case reviews to anyone who may have questions before getting started. Additionally, if we do take on your case, we promise we won’t charge you a penny unless we recover compensation for your claim.
Please contact our Atlanta attorneys online or by calling 833-PAID-123 to get started today.

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