LEGAL ADVICE FOR ACCIDENT INJURY VICTIMS THROUGHOUT GEORGIA
If you lost a loved one due to someone else’s negligence, our wrongful death lawyers can help. We will offer trusted legal advice and support when you need it most, working hard to see justice done on behalf of the deceased. While you grieve the devastating loss of your loved one, our experienced team will handle every aspect of your claim. Get in touch today to schedule your free consultation.
At Ross Moore Law, our skilled personal injury law firm can help you navigate these difficult times. After the loss of a loved one, the burden you bear may feel overwhelming. Our Atlanta wrongful death attorneys are here to walk beside you – and to fight for the compensation your family is entitled to. We will learn more about your situation before gathering evidence, ensuring we build the strongest case possible.
Wrongful death claims typically seek compensation for medical expenses, burial costs and survivors’ pain and suffering. But proving that the at-fault party is responsible for your loved one’s death can be tricky. There are four elements to a wrongful death claim that must be proven in order recover damages, including:
Breach of duty
The deceased must have been owed due care from the defendant. Simply put, the defendant must have had an obligation to provide a certain standard of care. For instance, a medical professional owes a duty of care to patients.
2. Breach of duty
Once it has been established that due care was owed, you must prove that the defendant acted negligently and did not provide adequate care. To continue the example above, the doctor would be in breach of duty if they misdiagnosed an illness or prescribed the wrong medication.
Next, you must prove that the breach of duty resulted in your loved one’s death. This requires evidence that the death was a direct result of the defendant’s negligence or misconduct.
The last step is proving that the deceased suffered damages, so that there is reason to provide the victim’s family with a settlement. Evidence may include unpaid medical bills, funeral costs, etc. Surviving dependents may also receive financial support to compensate for the household income the deceased would have provided in the future.
GEORGIA STATUTE OF LIMITATIONS FOR WRONGFUL DEATH LAWSUIT
Wrongful death laws vary from one state to the next. Here in Georgia, most wrongful death claims must be filed within two years of your loved one’s date of death. There are a few exceptions to this two-year statute of limitations though. If there is an ongoing criminal case related to the wrongful death claim, the deadline may be suspended until the case concludes. If the deceased person’s estate is not probated, the statute of limitations may be suspended for up to five years, giving the family up to seven years to file a wrongful death claim.
HOW DO I FILE A WRONGFUL DEATH LAWSUIT IN GEORGIA?
To file a wrongful death lawsuit in Georgia, it is generally advisable to seek legal representation from a law office experienced in handling such cases. A skilled attorney can guide you through the process and provide the necessary legal advice and counsel.
When filing a wrongful death lawsuit, the goal is to seek compensation for the losses suffered by the surviving family members. This can include economic damages such as medical expenses, funeral costs, and loss of financial support, as well as non-economic damages for the emotional pain and suffering caused by the loss of a loved one.
In some cases, punitive damages may also be awarded. These are meant to punish the responsible party for their wrongful actions and to deter similar behavior in the future.
Furthermore, it’s important to understand that dealing with insurance companies and legal matters can be challenging, especially while grieving the loss of a loved one. Therefore, having the support of a dedicated legal team can provide peace of mind and allow you to focus on healing and recovery.
Lastly, remember, if you believe you have a wrongful death claim in Georgia, it is crucial to consult with an attorney who specializes in wrongful death cases. At Ross Moore Law, we offer a successful record of supporting grieving families and getting the compensation they deserve. With our personal injury law firm, you get legal representation and the support needed to navigate the legal process from beginning to end.
Plus, we work on a contingency basis, so your family only pays us if we win your wrongful death lawsuit.
To begin getting compensation after a wrongful death in Georgia, you can start by scheduling a free case review with Ross Moore Law today!
While this varies by state, the general rule of thumb is that the “primary beneficiaries” of the deceased are eligible to file a wrongful death claim. Most often this includes the spouse, children and parents. If the deceased person isn’t survived by one of these, most states will not allow a wrongful death claim. This does not mean that the at-fault party is not punished though. Georgia law allows the executor of the deceased’s estate to file a wrongful death claim in some circumstances.
WHAT DAMAGES CAN BE RECOVERED IN WRONGFUL DEATH LAWSUIT?
Because the damages available vary from case to case, your Atlanta wrongful death attorney will be able to give you a better idea of which damages you are entitled to. Damages may include the following:
Lost earnings or benefits
Pain and suffering, mental anguish, and other noneconomic damages
Loss of support (future earnings, etc.)
If there is more than one beneficiary, damages will be dispersed amongst them according to state law.
NEVER SETTLE! ATTORNEY ROSS MOORE WILLING TO GO TO COURT IN YOUR WRONGFUL DEATH LAWSUIT
If a fair settlement cannot be reached through mediation, our team is prepared to take your case to court. Ross Moore is more than willing to go to trial to ensure you recover the compensation your family deserves.
Unlike some personal injury attorneys who settle all of their cases to avoid the courtroom, we are not afraid to go to trial if needed. Our firm has the resources necessary to thoroughly prepare, try and win even the most complicated cases.
We remain dedicated to doing everything we can to obtain the best results on behalf of your loved one – and we have the results to prove it. In fact, Ross Moore Law has recovered millions of dollars in verdicts and settlements for people in personal injury and wrongful death claims.
Started with a larger firm first and they referred me to Ross. Immediately felt at ease with Ross. Took the time to explain to me exactly what to expect and answered any questions I had no matter how simple. He got the maximum settlement he could without going to court. He would have received more but the prior firm made a big mistake that caused him to be at a disadvantage. Not his fault. I would refer anyone to Ross without pause. Thanks Ross.
I would definitely recommend Ross Moore Law to everyone. I’ve never got in an accident, and it was scary, but they made the process very easy. They are really nice and answered all my questions and concerns. This is a great choice, if you get in an accident.
Ross Moore’s Office is wonderful. The process of negotiating and settling my case was lengthy but worth it. Ross and his team worked diligently to make sure I was taken care of, and I actually ended up with more money from my settlement than I was expecting because Ross and his team wanted more for me personally. I highly recommend the Ross Moore team. They’re professional and do great work!! Really nice people who will go to bat for you! Don’t hesitate to call them.
FAQS | COMMON ATLANTA WRONGFUL DEATH LAWSUIT QUESTIONS
What is a wrongful death lawsuit?
A wrongful death claim seeks compensation for the loss of a loved one, including damages like medical expenses, funeral costs, loss of companionship, and more. The claim is filed on the deceased’s behalf to hold the at-fault party accountable for their negligence or misconduct. Wrongful death statutes vary from state to state and define who may file a lawsuit.
How much is a wrongful death lawsuit worth?
The value of wrongful death lawsuits varies greatly, so there is no way to know how much yours is worth without consulting a skilled Atlanta wrongful death attorney. Our team can help assess your case’s value, ensuring you never settle for less.
Who gets the money in a wrongful death lawsuit?
In Georgia, wrongful death settlements are divided equally between a surviving spouse and all surviving children, with no spouse receiving less than one third of the total amount.
Is the money in a wrongful death lawsuit taxable?
No, the settlement received is not taxable. The IRS has made this determination because it classifies as part of a claim that resulted from personal injuries or physical illness.
How long does a wrongful death lawsuit take?
There is no way to know how long your lawsuit will take without first learning more about your case. Our Atlanta lawyers will first need to establish an estate. After this step, your case may be resolved relatively quickly. Keep in mind that the average personal injury case takes about 17 months to resolve.
Is a wrongful death case a civil or criminal case?
Because a wrongful death is not a crime, the lawsuit will be filed with a civil court. Criminal charges may be pursued, but will be separate from the wrongful death claim.
Does the State of Georgia enforce damage caps for personal injury claims?
No. The Georgia Supreme Court has ruled that there are no damage caps for compensation in personal injury claims. There is, however, a cap of $25,000 on punitive damages.
ATLANTA WRONGFUL DEATH ATTORNEY NEAR ME, CHOOSE ROSS MOORE LAW!
At Ross Moore Law, we’ve recovered millions in verdicts & settlements for our Georgia clients and strive to do the same for you. So, let Attorney Ross Moore and his legal team support you by reaching us today for your initial free consultation!