An Atlanta wrongful death lawyer can help family members get compensation if a loved one dies due to someone else’s negligence.
A wrongful death of a loved one who dies in an accident caused by the negligence of another person is a devastating experience for shocked and grieving families. Whether it’s due to a car crash, workplace accident, or fatal injury elsewhere in Atlanta, a wrongful death turns their world upside down and threatens their future, and they don’t know where to turn. While no amount of money can restore a loved one, this is the time to contact an Atlanta wrongful death attorney to find out if there is a legal remedy and compensation available.
Approximately 170,000 people in the United States die every year from unintentional injuries. Unintentional injuries, also called accident-related injuries, are often preventable and typically are the result of a careless or negligent act. When someone’s negligence leads to another person’s death, surviving family members can seek compensation through both wrongful death claims and related estate-based claims. While these claims are a vital tool for families coping with the loss of a loved one, they are often difficult cases to handle and require the skill and experience of a qualified Atlanta wrongful death attorney.
If your loved one has died as the result of negligence by a person or business, you may have a legal remedy. Courts often award financial damages in wrongful death cases, and the Atlanta wrongful death lawyers at The Stoddard Firm can help you get justice and the compensation you deserve.
We offer a free consultation, so call us today at 470-467-2200 to discuss your case and find out if you have a legal claim. There are no fees unless and until we win a settlement for you.
Wrongful Death Lawyers Explain What Is Wrongful Death
Wrongful death is defined as “the taking of the life of an individual resulting from the willful or negligent act of another person or persons.” It covers cases of:
- unintentional actions leading to death—which will be the case with the vast majority of car accidents, and
- intentional actions leading to death.
Wrongful death is an area of tort law. Wrongful death suits are civil actions filed by the family of the person who was wrongly killed, whether or not criminal charges were made and/or successfully prosecuted.
How Much Is My Wrongful Death Case Worth?
While there is no way to precisely predict the amount you will recover, wrongful death case settlements can range from the thousands to millions of dollars, depending on the unique circumstances of the case. In Georgia, family members are entitled to compensation for both the economic and noneconomic costs of a death caused by another person’s actions.
These may include:
- Lost benefits and wages the deceased might have earned
- Medical expenses related to the deceased’s last illness or injury
- Burial and funeral expenses
- Pain and suffering the deceased person endured before death
- Loss of companionship, care, and other intangible benefits the deceased would have provided.
Our wrongful death attorneys will have a better idea of what your case may be worth once we know the specific facts involved. Call us today to get started at 470-467-2200.
Why Do I Need an Atlanta Wrongful Death Attorney?
Every life has enormous value, but not every law firm can tell a story illustrating that full value to a jury. Damages in a wrongful death claim are “the full value of the life” of the deceased from the perspective of the deceased person. That is, what the deceased person would have valued their life as having been worth. That calculation includes both (1) the lost economic value of wages and household services that the deceased would have earned and (2) a “non-economic” intangible value to be determined by the jury based on the evidence. Telling the story of a lost life requires your lawyer to hire expert witness accountants who rely on detailed calculations and accepted formulas to maximize economic value.
It also requires your lawyer to seek out friends, family, co-workers, neighbors, and other persons – people who have a story to tell about the loss. A highly skilled and experienced Atlanta wrongful death attorney can do all these things and more. In these cases, you don’t want a general services attorney who does tax, real estate, or business law — you want an Atlanta wrongful death attorney who knows the ins and outs of this specialized type of law.
Do I Have to Go to Court?
The best answer to this common question is “maybe.” While many wrongful death cases are settled outside of a courtroom, it is important to approach each one with the mindset that a trial is inevitable. Being prepared for this possibility increases the likelihood of success – whether through settlement or trial. It’s always best to be prepared for a trial, even if a case ultimately settles. So while it may not be likely that you have to testify in court, be prepared in case you have to.
How Can a Wrongful Death Attorney Help?
A good wrongful death attorney will be able to help you through the process of filing and completing a wrongful death case. Our attorneys understand how these cases work and know the tactics insurance companies use to avoid having to offer an adequate settlement. An experienced attorney can help you understand how to go about getting the best settlement you can. We’ll work with you to get the financial damages you deserve—and, most importantly, the knowledge that you’ve done all you can to let your loved one rest in peace.
These cases are extremely complex and labor-intensive, so many law firms will not have the resources to handle them properly. However, The Stoddard Firm has the resources and the wherewithal to give you and your family the level of attention these cases require.
If you’ve lost a loved one, contact an Atlanta wrongful death attorney. If you or a loved one has been injured through someone else’s neglect or negligence, you should first seek medical attention. You should also make sure you contact authorities. The Stoddard Firm has years of experience handling injuries, and we even offer a free initial consultation to discuss your case. Call us at 470-467-2200 today.
Who Files a Wrongful Death Claim in Atlanta?
A wrongful death claim is brought by the deceased heirs. The Stoddard Firm represents the following clients in wrongful death matters:
- The surviving spouse
- The children of the deceased
- The parents of the deceased
- The brothers and sisters of the deceased.
Georgia has specific laws about who can bring a legal action in a wrongful death case.
Determining who is entitled to bring an action is just one factor to consider when building a case. An Atlanta wrongful death attorney can help determine who has legal standing to file a lawsuit. Family members will also need to file a claim within a certain period following the death of a loved one. This period is known as the statute of limitations, and in Georgia, the time period can vary widely depending upon the particular facts that caused the tragedy to unfold.
The important thing for families to remember is that laws vary in Georgia wrongful death cases depending on several factors, including the types of damages being sought and the manner in which the deceased passed away. It is not necessary for survivors to be well-versed in wrongful death law in Georgia to file a lawsuit. A qualified Atlanta wrongful death attorney will be able to evaluate a case to answer the many pressing questions survivors might have. For a free initial consultation about your situation, call an Atlanta wrongful death lawyer at The Stoddard Firm at 470-467-2200.
COMMON CAUSES that a WRONGFUL DEATH lawyer looks for
Unintentional fatal injuries can happen anywhere to anyone. For example, there are thousands of vehicle crashes every year in which innocent motorists die because of a drunk or distracted driver. A look at national statistics reveals some of the most common causes of accident-related deaths.
- Approximately 40,000 people die in vehicle crashes every year in the United States.
- Over 36,000 people die in fall-related accidents.
- Unintentional poisoning leads to more than 64,000 deaths every year.
- Nearly 5,000 workers in the United States suffer fatal work-related injuries.
A highly trained wrongful death lawyer can build a powerful legal case asking for financial compensation for the death of your loved one. To find out more about how The Stoddard Firm can help, call us for a free initial consultation at 470-467-2200.
Why File a Wrongful Death Claim?
For those mourning the loss of a loved one, a wrongful death case offers the opportunity to recover the costs suffered in the wake of the tragedy. A wrongful death claim can include compensation or benefits for a family’s lost earnings, the loss of care in the home, the loss of companionship, and pain and suffering. In addition, an Atlanta wrongful death attorney can ask for compensation for medical bills, funeral bills and other end-of-life costs.
An Atlanta Wrongful Death Attorney Can Seek Justice
For some families, a wrongful death claim is also about seeking justice. In other circumstances, holding a negligent party responsible makes sure a wronged family does not have to shoulder an incredible financial burden. What is often most important to a grieving family, however, is that a successful lawsuit may prevent a negligent company from repeating its mistakes and seriously injuring or killing someone else.
When a loved one is lost, you have only one shot at justice. The truth is that many law firms either are not properly staffed or are not willing to spend the time and effort necessary to illustrate the full value of the deceased’s life. The Stoddard Firm is different. We maintain an extraordinarily low case load so we can dedicate extensive time and substantial financial resources to obtain the full compensation our clients deserve.
Differences Between a Wrongful Death and a Personal Injury Claim
One of the major differences between a case of wrongful death and a personal injury case is that personal injury cases are generally filed by the person who was injured, while wrongful death cases can be filed only by the family of the deceased.
As in a personal injury case, wrongful death cases must prove that the party at fault was negligent and that this negligence was the cause of the injury that took place. In many other ways, a case for wrongful death works similarly to a case for personal injury.
One of the other main differences is that, because of the severity of the case, it takes more time and effort to successfully conclude a case for wrongful death than one for personal injury. Some law firms do not have the resources available to pursue a case for wrongful death with the energy these cases generally call for. If you are considering an action for wrongful death, be sure to check whether your attorney has the resources for it.
Contact an Atlanta Wrongful Death Lawyer Today
Families often feel overwhelmed and bereft when they have lost a loved one due to a shocking accident, car crash, devastating work crisis or other unanticipated tragedy. Amidst the tears and confusion, there is a sense of unbearable loss and uncertainty about the future. Hopes and dreams are dashed, and family members are left to pick up the pieces.
No family should be alone while sorting through the devastation caused by the negligence or carelessness of another person or company. The Stoddard Firm can help. Our wrongful death attorneys possess decades of experience in supporting families just like yours. We will walk beside you through the complicated legal process of seeking financial compensation in a wrongful death claim. While money will never replace the life of the person you lost, it can help a family cope with everyday expenses and begin to rebuild their future.
Reaching out to us is free. Please give us a call at 470-467-2200 or contact us online so we can answer your questions and discuss what is necessary to achieve a favorable result. It never hurts to have more information. Our wrongful death lawyers are always compassionate and respectful because we understand that you are hurting. We can talk at a time that is convenient for you.
FREQUENTLY ASKED QUESTIONS
Why do I need the assistance of an Atlanta wrongful death attorney?
The legal system can be difficult to navigate for those unfamiliar with its many nuances. If you have been wronged by someone else, your case deserves a detailed analysis by an experienced Atlanta wrongful death who can evaluate its strengths/weaknesses and advise you on how best to proceed. It’s important to protect your rights and level the playing field, because you can bet that the other side will employ skilled defense attorneys. If your loved one has died as a result of someone else’s negligence, contact a wrongful death lawyer today.
How much is my wrongful death case worth?
Unfortunately, there is no sure way to precisely predict the amount that you will recover. The value of each wrongful death case revolves around its unique circumstances. Generally, an injured party is entitled to be compensated for all the economic and noneconomic costs incurred as a result of the other party’s actions. The wrongful death of a loved one can result in huge medical bills, lost wages now and in the future, loss of companionship and caring in the home, and many other losses. A wrongful death lawyer can seek compensation for all of these things.
Do I have to go to court?
The best answer to this common question is "maybe." While many wrongful death cases are settled outside of a courtroom, it is important to approach each one with the mindset that a trial is inevitable. An Atlanta wrongful death lawyer feels that being prepared for this possibility increases the likelihood of success -- whether through settlement or trial. It’s always best to be prepared for a trial, even if a case ultimately settles. So while it may not be likely that you have to testify in court, it’s always best to be prepared in case you have to.
What happens at a consultation with an Atlanta wrongful death attorney?
Atlanta wrongful death attorneys understand that the legal system is confusing and can cause anxiety or stress in people who have already been through a painful event. A consultation with a wrongful death lawyer allows someone who has been harmed the chance to tell their story to a professional in a safe, confidential way. Wrongful death lawyers know what questions to ask and what details to uncover in order to decide if there is a legal basis for pursuing the claim. We drill down into the details of a situation and uncover evidence that larger firms may be too busy to explore. The Stoddard Firm is pleased to offer free consultations.
How do I pay for a wrongful death lawyer?
To make legal services accessible, the common practice for many wrongful death firms is to handle cases on a contingency basis. We don’t get paid until you get paid. That means you pay a percentage of the amount that the wrongful death lawyer recovers for you, either through settlement or trial. If your claim is not successfully resolved, you don’t pay anything. A lack of funds should never be a reason to prevent someone from achieving justice. The Stoddard Firm is pleased to offer contingent fee arrangements.
What Does Negligence Mean In a Wrongful Death Case?
When someone fails to take reasonable care to prevent harm to others when performing a certain task, they are being negligent. The term might apply to drivers, apartment management companies, doctors, store owners, product manufacturers, or any other party that has a responsibility to behave or conduct themselves in a certain way. When someone is careless or reckless, they could be found negligent if this caused the death of someone else.
Legal negligence means:
- The defendant owed the deceased a duty of care.
- The defendant breached this duty by actions or failure to act.
- This breach caused the accident that led to the death.
How Does a Wrongful Death Attorney Prove Another Party Negligent?
To prove negligence, our wrongful death attorneys would investigate and gather evidence as to how the death occurred and locate all parties who may be potentially liable. This involves:
- Examining the accident scene
- Interviewing eyewitnesses, first responders, and doctors
- Gathering and preserving evidence such as photos and videos from surveillance or traffic cameras and police records
- Acquiring police and medical records
- Hiring experts to reconstruct the accident and testify accordingly.