Georgia Wrongful Death Lawyer

What To Do After the Wrongful Death of a Loved One

1) Take Your Time

The sudden loss of a loved one can feel incredibly overwhelming. Don’t make any difficult decisions or sign any settlement agreements until you have time to process what has happened.

2) Talk to Your Insurance Company

You will need to inform your insurance company if you want to file a wrongful death claim. While it’s important not to sign any settlement agreements, you’ll likely need to give your insurance company a recorded statement of what happened. The at-fault party’s insurance company may contact you for a recorded statement as well; do not record anything for them until you speak to a lawyer.

3) Contact an Attorney

Speaking to a wrongful death attorney early in the process can help you determine if you have a strong claim. Our attorneys offer free case evaluations to help you explore your rights.

What You Can Do After the Wrongful Death of a Loved One

Your rights and legal options after the unexpected death of a loved one will depend upon your relationship to the deceased person. In Georgia, the spouse of the deceased person has the first right to file a wrongful death claim. If this person doesn’t exist or doesn’t file, the right goes to adult children, then to surviving parents, then to a personal representative of the estate.

If you’re one of these parties, you have two years from the date of your relative’s death to file a wrongful death claim in Georgia. You will need to go to the Gwinnett, DeKalb, Cobb, or Fulton County civil courts to bring your lawsuit against the party allegedly responsible (“liable”) for your loved one’s fatal accident. This could be an employer, a drunk driver, a product manufacturer, criminal, and/or another party.

Types of Wrongful Death Damages

The courts may award you and/or the estate damages for the wrongful death if you can prove that the accident would not have happened but for the negligent or wrongful acts of the defendant. Damages can include:

• Payment for burial and funeral expenses
• Medical bills up until the time of death
• Property damages
• Lost income
• Lost love and companionship
• Pain and suffering

Proving a Wrongful Death in Georgia

Proving wrongful death takes showing four main elements. First, that the defendant in question owed your loved one a duty of care. Second, that the defendant breached or failed in this duty. Third, that the breach of duty caused your loved one’s injuries and death. Fourth, that you (the claimant) suffered real damages because of the defendant’s negligence. Proving these four elements may require testimony from experts, evidence such as medical bills, and even a recreation of the fatal accident. That’s where our Georgia injury lawyers come in.

Do You Need a Georgia Wrongful Death Lawyer?

Wrongful death is the gravest possible outcome of someone else’s negligence. It is unfair that we can lose the most important people in our lives because of someone else’s mistake, error, lapse in judgment, or act of recklessness. When the worst happens, your best confidant can be your family’s personal injury attorney. The Georgia wrongful death lawyers at Dermer Appel Ruder offer help for your family through this difficult time.

Our law firm can take care of all aspects of your claim on your behalf, including the initial filing of your claim within the statute of limitations. We can help you identify the appropriate defendant(s), file your claim, and prove negligence, if applicable. We know how to fight for better case outcomes than you would receive on your own. More importantly, we’ll provide a strong support system for you and your family in the face of a tragedy. Our firm proudly serves Atlanta and all surrounding areas. We can help, and it starts with a free legal consultation.

Serving Atlanta and all surrounding areas including but not limited to Alpharetta, Duluth, Dunwoody, Gwinnett, Johns Creek, Peachtree Corners & Roswell.