Did you lose a loved one in a fatal accident in Atlanta, GA? If your loved one died because of someone else’s actions, it’s important to consult an experienced Atlanta wrongful death lawyer. Your family may deserve significant compensation for lost financial support, loss of companionship, and more.
Our attorneys at Goldstein Hayes & Lina, LLC have successfully helped countless families like yours recover the compensation they need and deserve. We’re well-prepared to fight to help your family get justice.
Filing a claim for compensation is often the only way grieving families can get justice. Our lawyers are here to help in any way we can. Contact our law offices in Atlanta, Georgia, or call at (404) 869-8600 to arrange a free case review to learn more today.
How Can Goldstein Hayes & Lina, LLC Help With My Wrongful Death Claim in Atlanta, GA?
Wrongful death claims are difficult for many reasons. Your loved one isn’t here to tell their side of the story. The opposing party might try to shift at least part of the blame onto them.
High dollar values are also often at stake. That means insurance companies will search for any reason to avoid paying the full amount a grieving family deserves. Hiring an experienced Atlanta personal injury attorney can be critical to your family receiving a fair deal.
When you hire Goldstein Hayes & Lina, LLC, you’ll benefit from a skilled lawyer who will:
- Provide sound guidance and legal advice
- Conduct a thorough investigation into the circumstances of your loved one’s death
- Locate vital evidence to prove causation and establish liability
- Identify all insurance coverage sources
- Negotiate with the insurance company and defense teams
- Litigate the matter in court if necessary to get the full amount you deserve
If your family is struggling financially, you aren’t alone. Contact an experienced Atlanta personal injury lawyer who can help your family recover the full compensation available.
What is Wrongful Death in Georgia?
In Georgia, a wrongful death is a death caused by another party’s criminal, negligent, or wrongful acts. The vast majority of wrongful death claims involve negligence or accidents.
Wrongful death cases are very similar to personal injury cases. The victim would have been entitled to sue for damages had they survived. When injuries are fatal, the right to file a lawsuit shifts to the victim’s survivors.
Wrongful death claims are civil matters. The remedy is financial compensation. Defendants in wrongful death cases may or may not face criminal prosecution. Regardless of whether the state decides to press criminal charges, your right to sue for damages isn’t impacted.
Only Certain Parties Can Sue for Wrongful Death in Georgia
Only certain surviving family members are entitled to pursue damages in a wrongful death lawsuit, including:
- A surviving spouse
- Children
- Parents (if there is no surviving spouse or children)
When both a surviving spouse and children exist, the parties must share any compensation award. The surviving spouse is always entitled to at least one-third of any damages.
What happens when there are no qualifying surviving family members? The victim’s personal representative can also pursue damages on behalf of the estate. The personal representative can seek compensation for medical expenses, funeral costs, and any other expense related to the victim’s injury and death. Any damages recovered in the wrongful death lawsuit are distributed to the victim’s next of kin.
How Common Are Fatal Accidents in Georgia?
193 people were killed in accidents involving large trucks or buses in 2023. A total of 1,801 people were killed in motor vehicle accidents across the state of Georgia that year. 136 of those traffic fatalities were in Fulton County.
What Factors Will Impact the Value of My Atlanta Wrongful Death Case?
It’s important to understand how much your wrongful death claim is worth. Insurance companies and their defense teams won’t hesitate to take advantage of your family. They may have already offered a lowball deal.
While it may be tempting, it’s essential to have a lawyer evaluate the unique facts of your case, including:
- The circumstances of your loved one’s death
- The decedent’s age and life expectancy had they survived
- How your family has suffered due to the loss, considering both financial and non-financial losses
- Your loved one’s earning potential, considering past earnings, education, and work history
- The identity of surviving family members, including young children
- The nature of the responsible party’s actions
Additional factors may also be relevant. In the end, there’s no standard settlement amount. Once our lawyers dive into the details, we can offer a more specific estimate of how much you deserve.
What Types of Damages Are Available in Georgia Wrongful Death Claims?
Under Georgia wrongful death laws, surviving family members can seek compensation for “the full value of the life of the decedent.”
Often, survivors pursue compensation for:
- Loss of their loved one’s financial support
- Loss of employment benefits, such as health insurance or retirement benefits that would have been gained through the victim’s employment
- Loss of the value of household services and childcare the victim provided
- Loss of consortium or loss of a spouse’s companionship
- Loss of parental guidance and instruction
If the victim survived for a period of time after their initial injury, the estate can also pursue compensation for:
- Medical expenses
- The victim’s pain, suffering, and trauma
- Funeral and burial costs
Really, a wide range of damages are available in wrongful death cases. After all, what is the “full value” of a human life? Our lawyers in Atlanta can help you identify and prove all of the losses your family has suffered. Contact us today to learn more about your right to damages.
How Much Does it Cost to Hire a Wrongful Death Lawyer in Georgia?
Our lawyers work on contingency. You won’t have to pay anything upfront when you hire Goldstein Hayes & Lina, LLC. Our attorney’s fees depend entirely on the amount of compensation we recover in your case. That means if, for some reason, we fail to recover compensation, you won’t have to worry about paying attorney’s fees.
How Can Georgia’s Shared Fault Laws Impact the Value of My Family’s Wrongful Death Claim?
Georgia follows a modified comparative negligence law. This law applies in both personal injury and wrongful death cases.
If the at-fault party manages to pin at least 50% of the blame on your loved one, your family loses your right to damages. If they can prove your loved one shared some blame but not most of the blame, your family’s compensation award will be reduced.
The insurance company won’t hesitate to blame your loved one for their own death. Our lawyers are here to help you fight back. Schedule a free case review today if someone is blaming your loved one.
We Handle All Types of Wrongful Death Cases in Atlanta
Any type of traumatic event can be fatal if it’s serious enough.
At Goldstein Hayes & Lina, LLC, we often handle wrongful death claims involving:
- Car accidents
- Motorcycle accidents
- Construction accidents
- Workplace accidents
- Slip and fall accidents
- Pedestrian accidents
- Bicycle accidents
- Truck accidents
- Bus accidents
- Uber and Lyft accidents
- Boating accidents
- Swimming pool accidents
- Exposure to dangerous substances
- Dangerous property conditions (premises liability)
- Dog bites
- Defective products (product liability)
- Medical malpractice
- Nursing home abuse and neglect
- Intentional criminal acts or intentional torts
Call our award-winning lawyers if you lost a loved one due to someone else’s actions. We know how to help you pursue the full compensation your family deserves.
How Does My Family Prove We Deserve Compensation After a Deadly Accident in Georgia?
Your family doesn’t automatically receive compensation. You’ll have to present enough evidence to prove that someone else was responsible for your tragic loss. Typically, that means proving negligence.
Negligence means:
- The defendant owed your loved one a duty of care
- They committed some act or omission to breach their duty
- That breach directly caused your loved one’s death
- Your family has suffered damages as a result
While it’s possible that strict liability or intentional tort theories may apply, negligence is the most common legal basis for wrongful death claims.
How Long Do I Have to File a Wrongful Death Lawsuit in Georgia?
The statute of limitations for most wrongful death cases is only two years. If you fail to file a claim within two years of your loved one’s death, your family cannot receive compensation.
Most cases start with insurance claims. We’ll first engage in negotiations with the insurance company to reach a fair settlement. Negotiations alone can take time. That makes it important to call an Atlanta wrongful death attorney as soon as you can after losing a loved one in a fatal accident.
Contact an Experienced Atlanta Wrongful Death Lawyer for a Free Consultation Today
You don’t have to struggle with the aftermath of a fatal accident on your own. You and your family have enough on your hands. Contact an experienced Atlanta wrongful death attorney for the legal assistance you deserve. At Goldstein Hayes & Lina, LLC, we offer free case evaluations, so you don’t have to worry about the cost.
