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Wrongful Death Lawyer Atlanta, GA

At Council & Associates, LLC, a wrongful death lawyer Atlanta, GA families can depend on during hard times knows that the death of a family member is already too much to bear for many people. So when they find out their cherished person may have been taken too soon because someone else was being careless, it can exacerbate the grief.  A wrongful death happens when someone’s life was taken directly because of another’s negligence or recklessness. Surviving family members may be outraged and in need of legal help so that their loved one’s life was not lost in vain. There are numerous real-life examples of how wrongful death can occur, and the information below covers some of the most common. In the meantime, we hope that you contact our law firm for help if you believe your loved one died because of another's fault.

Wrongful Death Lawyer Atlanta, GA with a wooden gavel centered on a dark background

If someone you are close to recently perished due to the negligent actions of another person or entity, it may be in your best interest to discuss your situation with a reliable wrongful death lawyer Atlanta, GA families can rely on. 

At Council & Associates, LLC our attorneys have the knowledge, skills, experience, and resources, to methodically seek justice on behalf of your fallen loved ones. Our team would be honored to be able to help your family cope with this seemingly insurmountable tragedy. To arrange for a free case evaluation, please contact us as soon as possible.


Table Of Contents


Taking Legal Action for Wrongful Death

Wrongful death is a term used to describe a kind of lawsuit or claim against a person or entity that is suspected to be considered as being liable for the death of another individual. Following the suspected wrongful death, families of the deceased individual can initiate the process of filing a claim against the party that is suspected to be liable. Wrongful death claims are commonly brought about by those who are closest to the individual who passed, such as spouses, children, or parents. Generally, a wrongful death claim must be initiated within 2 years of the passing of the individual in question.

Common Wrongful Death Scenarios

It may be determined that a wrongful death claim is applicable following a wide range of scenarios. Atlanta area residents who feel that the death of their loved one was in any way wrongful and that another person or entity can be held liable should consider contacting an Atlanta wrongful death lawyer as soon as possible. An experienced lawyer from our firm will be able to review the specifics of your situation and determine if there is a potential viable wrongful death claim.

Car accidents are among the leading causes of wrongful death. Most fatalities are due to at least one driver being negligent, either from reckless driving, speeding, driving under the influence, or not paying attention to the road. A negligent driver may be liable for deaths of those involved in the crash, including passengers and other drivers. It is possible that there are factors which contributed to the car accident that you are not aware of yet, such as poor road conditions. If this is the case, then the county or city may be liable. Because of the complex and sensitive nature of cases like these, it is imperative that surviving loved ones get help from a legal team who understands the nuances of wrongful death lawsuits.

Common instances where a claim for wrongful death is applicable:

  • Fatal vehicular accidents where the negligence of another driver is involved.
  • Malpractice in medical care, treatments, and procedures.
  • Forms of abuse while receiving medical care. 
  • Abuse in nursing or assisted living facilities.

Negligent conduct that leads to wrongful death is also commonly observed in these scenarios and may be grounds for pursuing legal action.

  • Construction accidents
  • Defective products
  • Violent crimes as a result of inadequate security

Occupations that have a higher risk of danger can pose a serious threat to someone’s life, such as construction jobs or other manual labor. However, wrongful death can occur in any field regardless of the kind of job you have. For construction accidents that led to wrongful death of an employee, it may have been the company who was negligent when it came to safety. Even if a job comes along with more hazards compared to other fields, it doesn’t mean that workers should just accept when accidents happen. An employee may have succumbed to injuries that were caused from defective machinery, faulty ladders, lack of protective equipment, and more.

Other examples of wrongful death scenarios that an Atlanta wrongful death lawyer can discuss with clients include:

  • Medical malpractice
  • Pedestrian accidents
  • Aviation accidents
  • Defective products
  • Semi-truck accidents
  • Premises liability
  • Boating accidents
  • Occupational illness
  • Bicycle accidents
  • Motorcycle accidents

Wrongful Death Damage Recovery

The central goal of a wrongful death claim is to recover compensation in the form of compensatory damages. We understand that no dollar amount can make up for an egregious loss of life. Compensatory damages are intended to make the recovery process less financially impactful for families who suffered a tragic and unexpected loss of life.

The Estate of the Deceased May Also Have a Claim

In addition to the damages recovered which make up the full value of life of the deceased, the Estate of the deceased may also have a claim. An Estate claim can include compensation for damages associated with the injury that caused the death of your loved one such as:

  • Medical expenses;
  • Ambulance charges;
  • Funeral expenses; and
  • Any pain and suffering that may have existed prior to the death

5 Reasons Why You Need a Wrongful Death Lawyer

When people suffer the death of a loved one due to someone else’s negligence, they may be able to file a wrongful death lawsuit with a wrongful death lawyer Atlanta, GA residents trust. Wrongful death cases are complex, and working with an attorney will give you a better chance of receiving financial compensation for your loss, but there are some other reasons why you should seek out legal help from the outset. Here are five reasons why you need to find an attorney as soon as possible by calling Council & Associates, LLC if someone dies due to the fault of another person or company.

Insurance Companies Take Over

You may be wondering how your insurance company is involved in all this. Well, as soon as you file a claim, your carrier will be notified and they will likely assign an adjuster to handle the case. The adjuster's job is to help settle the claim in your favor. However, what if you're not satisfied with their offer? What happens then? Most of the time, people are so overwhelmed by everything that happened that they don't realize there are other options out there. That's where a wrongful death lawyer can come in and make sure you get everything that you deserve for taking care of your loved one for so many years. A wrongful death lawyer has dealt with these situations before, knows what to do, and can make sure everything gets settled fairly quickly so you don't have to worry about it anymore.

Loss of Income Hits Hard

The death of your loved one is devastating, but you may also be dealing with financial issues. If you lose someone due to someone else's negligence, you could have lost income from the person who passed away. A wrongful death lawyer will help you get that income back. Here are some other things to think about when hiring an attorney:

  • The costs will vary depending on what kind of case it is and the type of damages sought after by the family or survivors. You'll need to decide if you want to go for a lump sum amount or a more structured settlement plan where the payments are more predictable for the future.
  • There are two main ways a wrongful death lawyer can help you recover money. One way is through a lawsuit against the negligent party or parties and the second way is through filing claims with public agencies like workers' compensation.
  • Wrongful death cases can include long-term expenses, such as funeral expenses and medical bills that haven't been paid yet.
  • Many people in similar situations find that they're overwhelmed when trying to figure out how to put their lives back together after losing someone close to them because of somebody else's actions. Hiring an Atlanta wrongful death attorney can make all of these decisions much easier for you during this difficult time in your life.

Attorneys Fight for the Families

Wrongful death lawyers are professionals who provide legal help to people whose loved ones died due to wrongful causes. These causes can range from car accidents to negligence on the part of another party. The loss of a loved one is something that no one should have to go through, but if you do, it is important that you seek the help of an attorney. They are on your side and will fight for you!

Insurance Company Dispute

The insurance company might try to dispute the claim, but an attorney can help you get back on your feet. Insurance companies often take advantage of people who are grieving and don’t understand what they need to do. If you feel like your insurance company is not being fair or honest, contact a lawyer today!

Get Peace of Mind

In some circumstances, the death of a loved one can be ruled as wrongful. This means that if you believe someone was responsible for your loved one's death, you need to hire an attorney who specializes in wrongful death cases. A wrongful death lawyer will help you get the compensation and justice you deserve, giving you and your family peace of mind.

Atlanta Wrongful Death Law Infographic

Atlanta Wrongful Death Law Infographic

Death is never an easy burden to bear, especially when it falls on the doorstep of someone held dear. You never begin a day expecting to have to suddenly plan the funeral of a loved one.  In addition, you never expect to think that their death could have been prevented. However, in many instances, this is the all too unfortunate case due to the negligent or otherwise intentional actions of others.

The term wrongful death is a term commonly used to describe a claim against a person or entity who can be held liable for the death of another individual. Wrongful death claims are typically brought about by spouses, children, or parents of the individual who passed, or the decedent.  In most cases, a wrongful death claim must be brought within two years of the death of your loved one to be viable.

There is a range of instances where a claim for wrongful death is applicable. For example, any type of fatal vehicular accident caused by the negligence of another driver may result in a wrongful death claim. Malpractice and certain forms of abuse in the form of negligence are also common areas where wrongful death claims appear. It is important to not only thoroughly research institutions where relatives or loved ones are receiving health care or assisted living care, but also to visit them with frequency to ensure their every need is being met. Additionally, construction accidents, defective products, or violent crimes resulting from inadequate security are also forms of negligent conduct that would give rise to a wrongful death claim.

Georgia Wrongful Death Recovery

No dollar amount can be placed on an individual’s life, but various forms of compensation exist. In Georgia wrongful death recovery consists of the full value of life of the deceased from the prospective of the deceased and not those left behind.  These damages are measured by various factors such as:

  • The deceased missing out on raising his or her children;
  • Missing time with ones’ spouse;
  • The loss to the deceased of the enjoyment of the rest of their natural life; and
  • The future income potential of the deceased

Atlanta Wrongful Death Statistics

According to the National Center for Health Statistics, in the United States, there are an estimated 2.4 million wrongful death cases filed each year. This statistic shows the high number of wrongful death cases that occur each year. It is important to note that not all wrongful death cases are successful, but even if a case is not successful, it can still be an important way to hold those responsible for wrongful deaths accountable.

Atlanta Wrongful Death Law FAQs

Who can file a wrongful death lawsuit?

As a wrongful death lawyer Atlanta, GA families trust at Council & Associates, LLC explains, the wrongful death statute of Georgia lays out rules for who can file a wrongful death claim. If the person who passed away had a surviving spouse, then he or she holds ultimate authority over bringing forward a claim. If the deceased had surviving children, then the spouse must act as the representative for the children, and share with them any damages that are awarded from the case. And while the surviving spouse has to share their damages award, the spouse cannot get less than a third of the total recovery, regardless of how many children there are.

How long does a wrongful death case take?

Unfortunately, there isn’t a clear answer to this question, since the duration of each wrongful case will depend on the factors for what happened. And it depends on what the family wants to do, as some may have had their loved one taken through deliberate or systemic misconduct, which can move forward all the way to trial. By comparison, other families may want a quick resolution so they can get the closure they need and move on with taking care of their family and the rest of their lives. Both approaches are normal, and as our team practices, we always respect the wishes of our clients.

What should someone do after losing their loved one?

If you believe that your loved one’s life was taken due to the fault of another, then it’s worth contacting an Atlanta wrongful death lawyer for further advice. The family must prioritize their grief. But for many, part of their grieving process is holding the offending party responsible for their loss, which could be one individual, a group of people, or a company entity that caused the death of a relative through willful or negligent actions. Family members who want to file a wrongful death lawsuit are encouraged to contact our law firm so that we can do a case evaluation and let you know if there are grounds for filing a wrongful death action.

When should family members come forward with a lawsuit?

When a family is emotionally ready to take on a lawsuit will depend on the family themselves. Having a loved one pass away is already difficult enough, so to realize that their life may have been taken too soon by an at-fault party can amplify the grief. But family members have to be wary of the statute of limitations for wrongful death lawsuits in the state of Georgia, which states that relatives must file a claim within two years from the deceased’s date of passing. This is why we suggest hiring a legal team experienced in wrongful death cases, as surviving family members will need a team that can stand strong even when the family is feeling overwhelmed.

Why do surviving family members want to file a claim?

There are many reasons why surviving loved ones may want to file a wrongful death case. They may be driven by their grief to hold the offender responsible for what they did, and it can serve as a kind of closure even though their family member cannot be brought back. Others may not only be going through immense grief, but financial hardship if the deceased has provided monetarily for the family. All in all, the motivations for filing a wrongful death case will be personal.

What role does insurance play in wrongful death cases?

Insurance can have a huge impact on any wrongful death case, often requiring help from an Atlanta wrongful death lawyer. Insurance policies, such as life insurance or liability insurance, may provide coverage for the damages resulting from the wrongful death. The compensation obtained through insurance can help ease the financial burden on the surviving family members, covering medical expenses, funeral costs, lost income, and other related damages.

Can insurance companies deny a claim in a wrongful death case?

Yes, insurance companies have the power and legal right to deny a claim. They may dispute liability or argue that the policy does not cover the specific circumstances of the incident. Insurance companies are profit-driven entities, and their primary objective is to minimize payouts. If a claim is denied, it is crucial to seek legal counsel from an experienced Atlanta wrongful death lawyer who can navigate the complexities and advocate for the rights of the bereaved family.

What if the responsible party does not have insurance coverage?

If the responsible party lacks insurance coverage, it can complicate the wrongful death case. In such instances, it is important to explore other potential sources of compensation. For example, if the responsible party is uninsured or underinsured, the victim's own insurance policy may include provisions for uninsured/underinsured motorist coverage. A qualified attorney can help you explore how you obtain compensation when the other party doesn’t have insurance coverage.

Can insurance companies offer a settlement in a wrongful death case?

Following a wrongful death case, an insurance company can offer a settlement. However, it is crucial to approach such settlements with caution. Insurance companies may try to offer a quick settlement that is far less than what the case is worth. Accepting an inadequate settlement can leave the family financially vulnerable in the long run. Engaging with a qualified attorney can ensure that you receive fair and just compensation for the loss of your loved one.

How long do I have to file an insurance claim in a wrongful death case?

The statute of limitations for filing an insurance claim in a wrongful death case can vary depending on the jurisdiction and the specific circumstances. In Atlanta, Georgia, the statute of limitations for wrongful death claims is generally two years from the date of the death. However, it is essential to consult with a wrongful death lawyer promptly, as delays in filing the claim can impact its validity and potential compensation.

Navigating insurance-related matters in a wrongful death case can be complex and challenging. Understanding the role of insurance, the potential for claim denial, alternative sources of compensation, and the importance of seeking legal representation is crucial to protect the rights and interests of the surviving family members. Consulting with an experienced Atlanta wrongful death lawyer can from our Council & Associates, LLC can provide the guidance and support needed to navigate insurance claims and ensure a fair resolution that honors the memory of the deceased and provides the financial stability the family deserves when you call us today!

Schedule a Free Wrongful Death Case Evaluation

Death is never an easy thing to bear, especially when it happens to someone you hold dear to your heart. You can trust that our legal team has the relentlessness to fight for surviving loved ones and the beloved person they lost too soon. In the aftermath of a wrongful death accident, family members are encouraged to contact our team for support right away. If you have grounds for filing a wrongful death lawsuit, we can let you know after a case evaluation and represent you from there on out. Contact our Atlanta lawyer wrongful death team from Council & Associates, LLC today for immediate guidance.

Council & Associates, LLC, Atlanta Wrongful Death Lawyer

50 Hurt Plaza, SE Suite 740 Atlanta, Georgia 30303

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“The Council & Associates team are amazing they kept me informed through the whole process. updates and time line was never an issue. I know my case wasn’t a million dollar case, but they made sure I was treated fairly would definitely use them again.”
Kenneth Boggs
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Council & Associates, LLC

50 Hurt Plaza, SE Suite 740
Atlanta, Georgia 30303

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