Losing a loved one before their time is an unthinkable event that will upend the lives of you and your family. These tragedies are even worse when it becomes apparent that the death of your loved one was avoidable and caused by the carelessness or recklessness of another party. When someone is killed or suffers fatal injury due to negligence, the survivors of the deceased have the right to seek damages through a wrongful death lawsuit.
At Morrison & Hughes, we understand that nothing can bring back your loved one. You and your family deserve justice, however, and we have the resources needed to hold negligent parties responsible for the pain and suffering they have caused. Our Atlanta wrongful death lawyers have successfully represented families of victims who suffered fatal injuries in car accidents, truck accidents, premises liability incidents, criminal conduct, and more.
We understand how exhausting and overwhelming taking legal action can feel in the wake of such an enormous loss and are here to make the process as easy and painless as possible. Let us put our experience to work for you so that your family can get the compensation you need to move forward.
Do not wait to get legal advice if you recently lost a loved one because of negligence. Contact us online or call 404-LAW-TEAM to schedule a free initial consultation today.
Wrongful death is a legal term that describes a situation in which the negligent or intentional actions of a person or organization lead to another person’s death. Wrongful death cases are filed by qualifying individuals as a way of seeking financial compensation and hold responsible parties accountable.
In general, these claims seek to compensate victims’ families for the financial losses resulting from the victim’s death, such as medical bills and lost wages the victim would have earned. Additionally, they may also seek reimbursement for pain and suffering endured by surviving family members due to the victim’s passing.
In some fatal accident cases, two types of legal claims may be filed: Wrongful death claims or Survival Actions.
These claims compensate surviving family members for the value of the life that was lost and focus on damages experienced by the deceased person before death, such as medical bills and pain and suffering.
Filing both claims may allow families to recover the full range of damages available under Georgia law.
Learn more in What Is the Difference Between a Wrongful Death Claim and a Survival Action in Georgia.
In Georgia, only the surviving spouse, parent, or child of the wrongful death victim has the right to bring a lawsuit. Other surviving family members do not typically have the right to sue. However, if there is no surviving spouse, parent, or child, the personal representative (also known as the executor) of the victim’s estate can pursue a wrongful death claim. The victim may have named their preferred personal representative in their will. Otherwise, the court will appoint a personal representative of the deceased’s estate. In these instances, the court will often choose a close family member to take this role.
Generally, the order of priority includes:
These rules help determine who may pursue compensation and how damages are distributed among family members. To learn more about eligibility requirements, read Who Can File a Wrongful Death Claim in Georgia.
Georgia law generally requires wrongful death lawsuits to be filed within two years of the date of death.
This deadline is known as the statute of limitations.
However, certain circumstances may pause or extend the filing deadline, such as:
Because the timeline can vary depending on the circumstances, it is important to speak with an attorney as soon as possible.
Learn more about filing deadlines in How Long Do You Have to File a Wrongful Death Claim in Georgia.
Georgia law focuses on the “full value of the life of the deceased.”
This includes both financial and personal losses experienced as a result of the death.
Common damages may include economic losses (lost wages and future income, lost employment benefits, and loss of financial support) or non-economic losses (loss of companionship, loss of care and guidance, or loss of enjoyment of life).
In addition to these damages, the estate may pursue compensation for medical expenses, funeral costs, and pain and suffering experienced before death.
You can learn more about compensation in What Damages Are Available in a Georgia Wrongful Death Claim.
Losing a loved one unexpectedly can bring significant financial consequences on a family, especially if the victim was the primary earner. A wrongful death lawsuit is meant to compensate a family for these present and future practical losses, reducing some of the burdens that a sudden passing can cause. You are also entitled to non-economic damages, which compensate you for the more intangible consequences linked to your loved one’s death.
To learn more about how case values are determined, read What Is the Average Wrongful Death Settlement in Georgia.
Our Atlanta wrongful death attorneys will fight to get your family fair compensation for all losses, including:
At Morrison & Hughes, we understand that wrongful death cases involve more than legal claims. They involve families who are grieving and seeking answers.
Our legal team is committed to providing:
We represent families in wrongful death cases involving car accidents, trucking crashes, premises liability incidents, and other acts of negligence.
Our Atlanta wrongful death attorneys will fight to get your family fair compensation for all losses, including:
If you lost a loved one because of someone else’s negligence, you may have the right to pursue a wrongful death claim. Taking legal action can help provide financial security for your family and hold the responsible party accountable for the harm they caused.
The attorneys at Morrison & Hughes are here to help guide you through this difficult time.
Call 404-LAW-TEAM today to schedule a consultation and learn more about your legal options.
Our team at Morrison & Hughes is committed to leveraging emerging technology to optimally position our clients and deliver the results they deserve. We use 3D printing to create dynamic imagery of fatal injuries sustained by the victim and can also simulate accidents that demonstrate how the defendant’s actions led to their otherwise avoidable death. These strategies help establish fault and work to secure the favorable outcomes you and your family deserve.
Get the Support You Need: Contact Our Atlanta Wrongful Death Lawyers Today
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Answer just a few easy questions, and we’ll be able to help tell if you have a case! Please note that this is not legal advice, and we aren’t your attorney yet. It’s just a quick way to get some basic information. We strongly recommend that you contact us for a free consultation and speak to a live attorney to figure out what your case is worth.
Unfortunately, no. No matter how close you were with your brother or sister, you cannot file a wrongful death lawsuit on their behalf should they pass away due to the negligence or wrongdoing of another party. The one exception is if you are appointed as their personal representative and if they have no surviving spouse, parent, or children.
You will in most instances have two years from the date of the victim’s passing to file a wrongful death lawsuit. Note that the deadline is tied to the day your loved one passed away, not the day of the accident that caused fatal injuries. This means that if your loved one got into a serious car accident but only died weeks later, you have two years from the date they passed, not the date of the crash. Your family will be unable to recover any compensation if you do not start the legal process in time, so while taking on the legal process can be daunting after such an overwhelming tragedy, it is in your best interest to explore your options as promptly as possible.
