Atlanta Wrongful Death Attorney

You hope and pray that your loved ones’ lives are never cut short. Unfortunately, all of us are eventually struck by tragedy.

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Your story begins with a free, no-risk consultation. Call (404) 419-6674 today, or fill out the online form below.

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You hope and pray that your loved ones’ lives are never cut short. Unfortunately, all of us are eventually struck by tragedy. Circumstances far beyond your control may take the life of your parent, child, or spouse. If your family member died because of an individual or business’s carelessness, then you may have the right to seek compensation for your loss. After the sudden death of a loved one in an accident, the best thing that you can do for yourself and your family is to speak with an Atlanta wrongful death attorney.

At Allen & Scofield Injury Lawyers, LLC, our Atlanta personal injury lawyers know how difficult this time is for you. We have over 33 years of experience helping injured individuals and families who have lost loved ones. We know that this is your time to grieve and support your surviving family members. The last thing that you want to do is worry about a lawsuit. But, moving forward with a wrongful death claim may be the best way for you to obtain justice and avoid the devastating financial consequences of your loss.

To learn more about Georgia’s wrongful death law, contact us at (404) 419-6674. Or, submit your information through our online form, and we will contact you as soon as possible to schedule your free, no-risk consultation.

Wrongful Death Claims in Georgia

If your loved one was killed by another person’s carelessness, recklessness, or intentional misconduct, then you may be entitled to file a wrongful death claim. A wrongful death claim is a civil action for compensation, not a criminal case. Your wrongful death lawsuit may or may not be related to parallel criminal charges. While some wrongful death suits are related to a criminal homicide, most are related to negligent killings that do not amount to a criminal offense under Georgia law. To discuss whether the death of your loved one gives rise to a wrongful death action, contact an Atlanta wrongful death lawyer right away.

Just because someone to whom you were related passed away due to someone else’s negligence does not mean you can file a wrongful death claim. A wrongful death claim is typically restricted to certain family members under Georgia law. Based upon Georgia Code § 51-4-2, if an adult is killed, then a surviving spouse or a child may file a claim for the full value of the decedent’s life. If a child passes away due to someone else’s negligence, and the child did not have a spouse or their own child, then the parents may file a claim for compensation, under GA Code § 19-7-1.

When no spouse, child, or parent is available to file a wrongful death claim, then a personal representative of the decedent’s estate may do so for the benefit of any other family members. The representative might also be able to bring a claim for the estate to pursue certain damages in addition to the family member’s claim for compensation.

The Wrongful Death Legal Process

After the death of your loved one, you may not know much other than strongly suspecting that their death was caused by someone else. At Allen & Scofield Injury Lawyers, LLC, we understand that most families have very limited information in the immediate aftermath of their loved one’s death. That is why it is essential to contact a wrongful death lawyer in Atlanta as soon as possible. We will explain Georgia’s wrongful death law to you. We will review all the facts of the deceased’s case to determine if a valid wrongful death claim exists, and if so, who may file that claim. We will also discuss the potential value of your claim and who may recover that compensation.

If you have a wrongful death claim and you want to file a lawsuit, we will explain how we will seek to secure compensation for your losses. We will file a wrongful death lawsuit in the appropriate court, which may be the county in which your loved one lived or passed away. We will participate in discovery to review and gather additional evidence. During this process, it is likely that we will negotiate with the defendant’s insurer. If we can reach a fair settlement, then your case will be resolved without a trial. However, if we are unable to negotiate an appropriate financial recovery, our Georgia wrongful death legal team is ready to vigorously fight to recover compensation for you in court.

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Wrongful Death Damages

If you are a family member bringing a wrongful death claim for the loss of your parent, spouse, or child, then you have the right to seek compensation for the full value of your loved one’s life. That is a complex concept. It encompasses both the deceased’s economic and non-economic values. The economic factors are easier to evaluate. They include your loved one’s future income, which can be estimated based on the earnings before death. The more challenging aspect of wrongful death damages is placing a value on what made your loved one valuable member of the community. Part of the value of their life was what they enjoyed, such as their family members, friends, and hobbies. To discuss the meaning of the full value of the decedent’s life, call a wrongful death attorney as soon as possible.

If the personal representative files an estate claim, they may pursue economic damages for the decedent’s medical bills, funeral expenses, and burial expenses. If a parent, spouse, or child is not available to bring a claim, then the personal representative can also pursue the full value of the decedent’s life on behalf of the next of kin.

The distribution of wrongful death compensation is complicated when there are multiple surviving immediate family members. A wrongful death lawyer from Allen & Scofield Injury Lawyers, LLC will explain how the distribution of compensation works in your family’s particular situation.

Wrongful Death Statute of Limitations

Georgia law gives families two years from the date of your loved one’s death to file a wrongful death claim. That may not seem like a short period, but it goes much more quickly than most people expect. It is best to speak with an Atlanta wrongful death attorney as soon as possible, which is typically a few weeks after your loved one’s passing. It may also take us weeks or months to investigate your claim and gather evidence on your behalf. The sooner you contact us, the larger window of time we have to investigate the background of your case, prepare for litigation, and file a claim without running up against the clock.

However, there are certain situations in which the clock does not start running right away. The statute of limitations may not begin until you discover that your loved one’s death may be another person or business’s fault. It also may not begin until after a related criminal matter is settled. In any case, call a wrongful death lawyer as soon as you can to discuss your deadline for filing a claim.

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"Charles is an excellent trial attorney who possesses a unique talent to hone in on the significant issues and turn the Defendant’s strengths against them. Charles is as honest as the day is long and works tirelessly to ensure that his clients receive all that is possible. While no lawyer is perfect, Charles strives to be as good a lawyer as there is on this planet, and he succeeds!"
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Contact Allen & Scofield Injury Lawyers, LLC Today

If you believe another person or business is responsible for your loved one’s death, either due to negligence or criminal conduct, contact a wrongful death attorney. You are surely experiencing a wide range of emotions right now, from grief and anger to fear about the future. At Allen & Scofield Injury Lawyers, LLC, we understand this and are here to help ease your burdens. We are here to listen to your story and answer all of your questions. If we determine there is evidence of a wrongful death, we will explain if you or another family member has the right to file a claim for compensation. If so, we will explain the process of seeking compensation and how the recovery will be distributed to you and your family.

During this devastating time for your family, we will offer you an honest and objective evaluation of your legal options. If you have a valid wrongful death claim and wish to pursue it, we will carry that burden for you.

We represent individuals in Atlanta, Fulton County, DeKalb County, Clayton County, Gwinnett County, Cobb County, and throughout Georgia. Call us today at (404) 419-6674 or use our online form to schedule a free case consultation.