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As wrongful death attorneys in Atlanta, our clients often call us for legal help after the death of their family member in an Atlanta car accident. There are hundreds of accident attorneys but very few actually have experience litigating multi million dollar wrongful death claims and there are very few law firms with Kermani LLP’s experience. Sadly nearly 2000 people are killed every year in a Georgia traffic accident.
Key Legal Considerations in Atlanta Wrongful Death Claims
There are multiple legal considerations that Kermani LLP’s wrongful death lawyers make sure to address in every death case on behalf of the family of the deceased. The most three most important legal considerations after a death accident are:
- Identifying all immediate family members: It is important to know all living relatives of the deceased because under Georgia law a spouse has a right to file a lawsuit for the death of their husband or wife. Next comes to the children. If there is no spouse or children, the parents of the deceased can file the lawsuit. O.C.G.A. § 51-4-2.
- How soon after the accident was the death? Under Georgia law, the Estate of the deceased can file for all pain and suffering, lost wages and lost income, mental anguish, and other losses from the time of injury to the time of death if the death is not immediate. O.C.G.A. § 9-2-40. It is basically treated like a normal personal injury lawsuit that gets converted into a wrongful death lawsuit at the time of death.
- Gathering the best witnesses, videos, letters, and other anecdotes to make sure Kermani LLP’s wrongful death attorneys in Atlanta can help maximize the recovery for the family.
Exploring Different Types of Wrongful Death Cases
The most common wrongful death accident in Georgia is a car accident and the second most common wrongful death accident is one caused by the negligence of a medical provider such as a doctor or a nurse. Kermani LLP’s attorneys have also represented a family after the death of their little girl in a national retailer’s store. The law also provides different remedies when the death is immediate versus when the deceased suffers for a longer period before death.
Critical Timeframes for Filing an Atlanta Wrongful Death Claim
The statute of limitations or deadline to file a wrongful death accident is 2 years. There are exceptions and different circumstances that could change the deadline to file so make sure to call a lawyer ASAP to get help on the exact legal steps you have to take to file your claim before the deadline.
Identifying Liability in Wrongful Death Cases in Atlanta
As a law firm with experienced wrongful death lawyers in Georgia, we have found that a death accident often requires much more time, cost, and investigation because there can be multiple at-fault parties. In Georgia, the police and authorities do a more thorough investigation before concluding a wrongful death accident and Kermani LLP is one of the few wrongful death law firms in Atlanta that will do the same intensive investigation. By going deeper, our lawyers have been able to file lawsuits and achieve record settlements for each family.
Kermani LLP Case Example: An employee of a fortune 500 company was on his commute home when he crashed into and killed our client’s daughter. The employee had little income, no assets, and only a $50,000 insurance policy. Our main trial attorney filed a lawsuit against the employer even though Georgia law generally prevents recovery against an employer when the employee is driving home and was able to secure an additional $2,300,000.00 for our client.
Kermani LLP Case Example 2: A beautiful toddler girl was inside a national retail store when a wall display fell onto her and tragically killed her. The national retailer filed for bankruptcy in a state outside of Georgia shortly thereafter but Kermani LLP’s wrongful death lawyer litigated the case in multiple states and venues aggressively and was able to help get the family $7,500,000.00, the largest known settlement for the wrongful death accident of a child in Georgia history at the time.
Seeking Compensation in Atlanta Wrongful Death Lawsuits
The immediate family is able to file a legal claim against the responsible party and recover for the full value of the life of the deceased. If the death was not immediate, the immediate family can file a lawsuit for the lost income, mental anguish, pain, and suffering from the time of the accident until the time of death.
How Settlement is shared Among Surviving Family Members
Under Georgia law, all claimants in the family divide the settlement equally except that a surviving spouse is entitled to at least ⅓ of the total recovery if there are surviving children, and the children divide the rest equally. (O.C.G.A. § 51-4-2) In some cases, such as the wrongful death accident of a minor, the parents of the deceased share the settlement money.
The Support You Can Expect from Kermani LLP’s Wrongful Death Attorneys
As one of the premier wrongful death law firms in Atlanta, Kermani LLP understands that a wrongful death accident is more tragic than a typical accident and every lawyer of our team tries to be there for our client after the untimely death of their family member. For a wrongful death accident, we try our best to console the family and take the stress and cost of the lawsuit out of the family’s hands while aggressively pursuing their legal claim.
Schedule a Free Consultation with Kermani LLP’s Wrongful Death Law Firm
We provide guidance to anyone who calls at no cost even though we only choose a select few clients to represent every year so call us today to see if Kermani LLP is able to handle your claim. Even if we are not able to take on your case, we will guide you to a law firm with a wrongful death lawyer in Georgia that can help you and your family.
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Frequently Asked Questions
Who can sue for wrongful death in Georgia?
After a wrongful death situation, the loved ones of a victim who were adversely impacted by the death can file a compensation claim. Typically, loved ones include the surviving spouse, children, or relatives. In some cases, a representative for the deceased’s estate can sue for compensation.
What is the statute of repose for wrongful death in Georgia?
The statute of limitations for filing a claim for compensation after a wrongful death accident in Georgia is two years from the date of the deceased’s death.
What evidence is needed to prove wrongful death in Atlanta?
Every death feels like a wrongful situation, but to prove a wrongful death situation under the law, a legal duty of care must exist. The other party must have owed your loved one a legal duty to provide for their safety and care, and that party must have breached their legal duty in some way. You’ll need to provide evidence of both of these factors as well as prove the extent of your losses in a successful claim.
What is the full value of life in Georgia?
The “full value of life” in Georgia is made up of the tangible value that was lost, including the money the deceased would’ve earned, and the intangible value of the person’s life, which includes the deceased’s relationships with their family and friends.
What are the damages for wrongful death in Georgia?
In a wrongful death claim, the surviving loved ones can seek damages in the form of burial costs, funeral expenses, a loss of quality of life, a loss of consortium, a loss of financial support, pain and suffering, and more depending on your specific situation.
Is there a cap on wrongful death damages in Georgia?
Under Georgia law, there is no cap on the compensatory damages for a wrongful death lawsuit. There is a cap on the punitive damages, though, which sits at $250,000.
How are wrongful death settlements paid out in Georgia?
Wrongful death settlements are often divided among the surviving loved ones of the victim. The spouse will receive about 33% of the settlement, and the remainder is typically split between the children. If there isn’t any spouse or children, then the parents of the deceased will evenly split the settlement.
Can you sue a dead person in Georgia?
Yes, it is possible to sue someone even if they’ve already passed away. It only makes sense to take this step if the deceased left behind a substantial amount, though. In general, if you sue a deceased person, then you could have a claim to their estate.
How can a wrongful death attorney assist in these types of cases in Atlanta, GA?
A wrongful death situation is extremely emotional for everyone involved. That said, you’ll want to hire a wrongful death attorney to handle the legal aspects of your case while you grieve. An attorney will help you determine your options, calculate the value of your claim, negotiate with the other party, and pursue the compensation you deserve. Our team will make sure that you don’t accept a settlement that’s less than what you’re owed.
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