Wrongful Death Lawyer in Atlanta

The death of a loved one is a shocking event, regardless of how it occurred. Some people die in traffic accidents while others die at work. Some of our loved ones pass when a person negligently harms them, while others are the victims of violent crimes.   While there is nothing that can ever truly make up for such a tragic and heartbreaking loss, a wrongful death claim allows family members to seek justice and financial support. 

At MG Law, our Atlanta wrongful death attorneys are compassionate and experienced advocates for clients and their loved ones. We meet regularly with grieving family members who are unsure of how they will continue without their spouse, parent, or child. We understand that this is a difficult time. If your loved one was killed in an accident, our firm can help. Please call our Atlanta law office to set up a free, strictly confidential initial consultation with a Georgia wrongful death lawyer.

What Is A Wrongful Death Claim & How Does Georgia Law Work?

Georgia allows some family members to bring a wrongful death lawsuit. A wrongful death claim is a type of legal action that allows close family members of the victim to hold the negligent defendant accountable for a fatal accident. Our state’s wrongful death laws are complex. To recover compensation through a wrongful death lawsuit, plaintiffs must meet certain legal standards. 

A wrongful death claim is a civil suit, not a criminal one, but it allows family members to receive compensation from the person responsible for their loved one’s death. In some circumstances, there may also be criminal proceedings. For example, if your loved one was killed in a drunk driving accident in Atlanta, the impaired driver is likely to face criminal charges under Georgia law. While it could serve as evidence for your civil wrongful death claim, any corresponding criminal case is a separate and distinct legal matter. If you would like more information, please contact us today to speak with one of our accident lawyers in Atlanta.

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Defining Wrongful Death In Georgia

Not every death is “wrongful.” Instead, Georgia’s statute identifies a wrongful death as one committed negligently or criminally. These cases can come in a wide range of different forms. Here are some basic examples of wrongful death in Georgia: 

  • Motor Vehicle Accidents: Drivers have a duty to operate their vehicle in a careful and cautious manner. Deadly car accidents may be the basis for a wrongful death lawsuit. For example, a motorist who accidentally backs up into a person because they weren’t looking has been negligent.
  • Defective Products: Wrongful death cases can also be brought when a defective product leads to death. Manufacturers and corporations should ensure that their products are tested and safe for consumers. 
  • Reckless Behavior: Reckless conduct is more morally culpable than mere negligence. For example, a person who shoots a gun into a crowd is not intentionally trying to kill someone. But their conduct is so risky that there is a high probability that someone will be seriously injured.
  • Criminal Attacks: Intentional acts are even more culpable and are often criminal. Homicide is an example of an intentional, criminal act. Even though the defendant can be prosecuted, they can also be sued for wrongful death. Third parties (businesses and property owners) may be held liable for their failure to provide adequate security. 

Ultimately, the key thing to takeaway is that wrongful death claims are liability claims. To recover wrongful death compensation in Georgia, you must prove that the defendant was at-fault for your family member’s fatal accident—either because of their negligence, recklessness, or outright criminal conduct. 

Strong evidence is always needed to bring a successful claim. It is not always easy for people to know whether or not they have a claim. In some cases, the wrongful conduct of a defendant is clear, obvious, and egregious. In other cases, negligence is subtle. Do not assume that you and your family have no options. Set up a free, comprehensive consultation with an Atlanta wrongful death lawyer. 

Who Is Eligible To Bring A Wrongful Death Case In Atlanta?

Unfortunately, not all loved ones of the victim have rights under Georgia’s wrongful death statute. Instead, state law gives certain family members priority to bring the lawsuit. Here is a basic overview of the key things you need to know about who can and should file a wrongful death claim in Georgia: 

  1. The surviving spouse, if there is one, will have the initial right to file the claim. When the spouse has minor children with the deceased, then the spouse also represents their interests; 
  2. When there is no spouse, then the children can bring a wrongful death action; and
  3. When there are no children, then the parents or personal representative for the estate can file.

There are some cases in which it is not clear who should file or who has rights under Georgia law. If you are confused about who should file, you are not alone. It is a relatively common issue and it is best to meet with an attorney. Our team has helped bring many wrongful death cases in Atlanta, and we are available to take your call. We will let you know exactly what you need to do to protect your rights. 

How Much Compensation Can You Recover In A Georgia Wrongful Death Claim?

Wrongful death lawsuits are not criminal, so the defendant cannot be sent to jail. Instead, a court can order the defendant to pay compensation in the form of money damages for certain losses. Under the statute, compensation is available for the “full value of the life” of your loved one. Full value can include things like lost wages and benefits that your loved one would have earned had he or she not passed away.

Our clients can also receive money for intangible losses like loss of companionship or care. We understand that no amount of money can make up for the death of a family member, but awarding money damages is all a court can really do to try and make up for the loss.

Our attorneys have also managed to obtain compensation to cover funeral and burial expenses, as well as the medical expenses incurred to treat your loved one after the incident. We might also be able to receive damages for any pain and suffering your loved one experienced before passing.

If you are a surviving spouse, you are entitled by law to receive at least 50% of the damages, regardless of how many children survived your spouse. If there are no children, you will receive 100% of the compensation.

Wrongful Death Claims: What Is Georgia’s Statute Of Limitations

Our state gives family members a limited amount of time to bring this lawsuit. The relevant statute of limitations states that you must file your claim within two years from the date of your loved one’s death. Delay any longer, and a judge will dismiss your case for being tardy.

There are situations where the law grants family members additional time. For example, if there is an ongoing criminal case, then the clock is paused until the criminal case finishes. However, it is best to obtain professional legal representation as soon as possible because it is not always clear when the statute of limitations runs out.

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You Can Rely On The Atlanta Wrongful Death Attorneys At MG Law

Wrongful death claims are complicated. If you feel overwhelmed, you are certainly not alone. During such a difficult time, you and your family need trustworthy representation. At MG Law, we are focused on providing superior representation. You are our priority. When you get in touch with our Atlanta law office, you will have an opportunity to speak to a Georgia wrongful death lawyer who will: 

  • Listen to your story, answer questions. and explain your legal options;
  • Investigate the fatal accident—identifying responsible parties and gathering evidence; 
  • Handle all correspondence and communications with defendants and insurers; and
  • Take whatever legal action is needed to get your family justice and full financial support. 

We are committed to representing each and every client with compassion, care, and personal attention. As our Atlanta wrongful death lawyers take on a limited number of cases, we are able to provide comprehensive, attentive guidance to every client. The last thing that you and your family need to worry about is out-of-pocket legal bills. MG Law handles wrongful death claims on contingency. Our Atlanta attorneys only recover legal fees when you and your family get paid. 

Speak With A Wrongful Death Lawyer In Atlanta

MG Law puts our clients first and cares about their entire well-being, not simply their legal case. Although this is certainly a difficult time, we encourage you to contact us today to schedule a free consultation. We will explain your options and the likelihood of receiving a settlement.  Contact our firm today for a free, no-obligation review of your wrongful death lawsuit. With a conveniently located office in Atlanta, we serve communities throughout the entire region, including in DeKalb County, Cobb County, and Fulton County.



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Why Should You Choose MG Law?

Dedicated To Providing Justice For Our Clients
MG Law is dedicated to the cause of justice. This dedication drives our attorneys to provide the best legal representation possible. Whether that means obtaining an in-depth understanding of city ordinances or being able to fully understand an insurance policy to maximize the recovery for our client, our focus on personal injury cases provides us with the knowledge and focus necessary to take on all types of cases and win. We stop at nothing to get our clients the best possible results.

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At the law offices of MG Law, our attorneys only practice injury law, which means that we are devoted to being up to date on all matters of personal injury laws, rules, and regulations. Our attorneys have been awarded the prestigious National Trial Lawyers, 40 Under 40, and Top 100 Trial Lawyers awards. We have a 10/10 rating on Avvo and are rated AV Preeminent by Martindale-Hubbell.

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Other Atlanta Practice Areas

Personal Injury | Auto Accidents | DUI Accidents | Premises Liability | Bicycle Accidents | Pedestrian Accidents | Wrongful Death | Motorcycle Accidents | Truck Accidents | Workplace Injuries | Mass Torts | Child Injuries | Nursing Home Neglect | Pharmaceutical Injury | Environmental Law & Toxic Torts | Crosswalk Accident | Slip & Fall Accident | Bus Accidents |