Wrongful Death Lawyer

Atlanta Wrongful Death Attorney

If you lost a loved one due to another party’s negligence, you need an Atlanta wrongful death attorney who can hold responsible parties accountable and pursue the compensation you deserve.

The McPhillip Firm is dedicated to helping families pursue justice and financial recovery after the wrongful death of a loved one caused by negligence or misconduct. We have recovered more than $50M in personal injury claims, including wrongful death, and are available to review your claim at no cost.

Contact us today for a free, no-obligation consultation with an Atlanta wrongful death lawyer.

What is a Wrongful Death Claim?

A wrongful death claim arises when a person loses their life because of another party’s negligent, reckless, intentional, or criminal conduct. They commonly arise from car accidents, trucking accidents, medical malpractice, workplace incidents, and/or dangerous property conditions.

Under Georgia statute O.C.G.A § 51-4-5, certain surviving family members (typically a spouse, children, or parents) may have the right to seek compensation for the “full value of the life” of the deceased. This can include both economic damages, such as lost income and benefits, and non-economic damages, such as the loss of companionship and care.

While no legal action can replace a loved one, a wrongful death claim can provide financial security for surviving family members and help hold responsible parties accountable. Speak with an experienced wrongful death lawyer in Atlanta to evaluate your situation and learn about your legal options.

Types of Wrongful Death Cases We Handle

Our wrongful death law firm in Atlanta represents families in a broad range of wrongful death matters.

Motor Vehicle Accidents

Fatal traffic collisions are among the most common causes of wrongful death claims, and include accidents involving cars, trucks, motorcycles, and bicycles, as well as pedestrian accidents and drunk driving wrecks.

Medical and Long-Term Care Negligence

Healthcare providers and care facilities have a duty to provide appropriate care. We represent families in wrongful death cases involving medical malpractice, surgical errors, misdiagnosis and delayed diagnosis, and nursing home abuse and neglect.

Workplace and Construction Accidents

Employers, contractors, and property owners may be liable when unsafe conditions lead to fatal injuries, such as in cases involving workplace accidents, construction site accidents, or industrial accidents.

Premises Liability and Product Defects

Dangerous properties and defective products can cause catastrophic harm. Our firm handles claims involving defective products, dangerous property conditions, inadequate security, and fatal falls.

Criminal and Intentional Acts

We also represent families who have lost loved ones as a result of violent or intentional misconduct, including criminal acts that result in death.

What a Wrongful Death Attorney in Atlanta Does

An Atlanta wrongful death lawyer helps Georgia families navigate the process of building a wrongful death claim and obtaining fair compensation. From the initial investigation through settlement negotiations or trial, we work to protect your interests and pursue compensation on your behalf. A wrongful death attorney may:

Investigate the circumstances surrounding the death
Gather evidence and identify liable parties
Consult with medical, financial, and accident reconstruction experts
Calculate the full value of damages and losses
Handle communications with insurance companies and opposing parties
Negotiate a fair settlement
Prepare and present the case in court when necessary
Ensure all legal deadlines and filing requirements are met
With experienced legal representation, families can pursue accountability and seek the compensation they deserve. Learn more today through a free consultation with a wrongful death attorney in Atlanta.

Available Damages for Wrongful Death in Georgia

Wrongful death damages in Georgia are intended to address both the financial impact and the personal loss experienced by surviving family members. The best wrongful death lawyer in Atlanta understands these various types of damages and will work to maximize them on your behalf.

The full value of the deceased person’s life

Lost wages, future earnings, and benefits

Loss of care, companionship, guidance, and support

Medical expenses related to the final injury or illness

Funeral and burial expenses

Financial losses suffered by surviving family members

Punitive damages may be available when the responsible party acted with extreme negligence or intentional misconduct. A wrongful death attorney can evaluate your case and determine the compensation your family may be entitled to pursue.

How We Build Your Case

We work to uncover the facts surrounding a wrongful passing, determine who may be responsible, and help families seek full compensation under Georgia law.

Independent Strategies

Strategy 1

Collect and preserve surveillance footage, photographs, medical records, accident reports, electronic data, witness statements, and other key evidence.

Strategy 2

Work with medical and legal experts to identify how the death occurred and who is responsible.

Strategy 3

Use evidence and expert testimony to aggressively challenge attempts by insurers and defendants to deny fault or shift blame.

Strategy 4

Determine the full value of the claim, including lost income, benefits, funeral costs, and the loss of the deceased’s care and contributions.

Strategy 5

Investigate all potential sources of recovery, including liability policies, commercial insurance coverage, umbrella policies, employer coverage, and third-party insurance resources.

Statutes and Legal Deadlines for Wrongful Death in Georgia

Under O.C.G.A. § 9-3-33, a wrongful death claim generally must be filed within two years from the date of the person’s death. Certain circumstances may affect this deadline, including claims involving criminal acts, estate-related issues, or other legal exceptions.
Georgia law also includes additional rules that may impact who can bring a claim and what damages may be available. Because these rules can be complex, it is important to consult a wrongful death attorney as soon as possible to protect your family’s rights and preserve important evidence.

Frequently Asked Questions

How long do I have to file a wrongful death claim in Georgia?
In most cases, Georgia law requires a wrongful death claim to be filed within two years from the date of death. Certain exceptions may apply, so it is important to speak with an attorney promptly.
Who can sue for wrongful death in Georgia?
Under O.C.G.A. § 51-4-2, a surviving spouse, children, or parents may have the right to bring a wrongful death claim. If no eligible family member brings a claim, the estate may have rights under O.C.G.A. § 51-4-5.
What is the “full value of life” in a Georgia wrongful death claim?
The full value of life refers to the total value of what the deceased person’s life represented, including financial contributions, services, relationships, and intangible losses.
How much is a wrongful death case worth in Georgia?
Damages in wrongful death claims vary. The value depends on factors such as the deceased person’s income, age, circumstances of death, available insurance coverage, and the impact of the loss on surviving family members.
What’s the difference between a wrongful death claim and a survival action?
A wrongful death claim seeks damages for losses suffered by surviving family members, while a survival action may seek damages the deceased person could have recovered before death.
Do I need a lawyer to file a wrongful death claim?
It is recommended that you work with a lawyer on your claim. An experienced wrongful death attorney can help investigate the case, protect your rights, handle insurance companies, and pursue maximum compensation on your behalf.

One Last Step

Speak with a Wrongful Death Attorney Today

The McPhillip Firm helps families pursue justice after losing a loved one due to negligence or misconduct. Work with a wrongful death attorney in Atlanta who understands these complex cases and fights to hold responsible parties accountable. Contact us today to speak with an experienced wrongful death attorney at no cost.

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