Atlanta Wrongful Death Attorney Near Me | Atlanta Lawyer

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.

HOW MUCH IS MY WRONGFUL DEATH CASE WORTH?

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WHY CLIENTS CHOOSE ROSS MOORE LAW

Here’s why locals choose our Atlanta wrongful death injury attorneys:

  • Millions recovered for clients through verdicts and settlements
  • Award-winning legal representation
  • A history of highly satisfied reviewers of our personal injury law firm
  • Meticulous, diligent, and personalized approach to each accident claim
  • Contingency fees – you don’t pay unless we win!

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.

ATLANTA WRONGFUL DEATH LAWYER NEAR ME | ATLANTA PERSONAL INJURY LAWYER NEAR ME

Your free initial consultation is waiting! Plus, we operate on a contingency fee basis, meaning that unless we win, you don’t owe us any legal fees.

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HOW TO PROVE A WRONGFUL DEATH

wrongful death funeral service

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:

  1. Duty
  2. Breach of duty
  3. Causation
  4. Damages

1. 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.

3. Causation

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.

4. Damages

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

2 YEARS

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? 

Hiring an experienced Atlanta wrongful death attorney is the first step. Starting with a free consultation, our team will handle every aspect of your case – from filing a wrongful death claim to negotiating with the insurance company. We will offer trusted legal advice each step of the way, so you can rest assured that your case is in the very best hands.

ATLANTA WRONGFUL DEATH ATTORNEY NEAR ME | ATLANTA PERSONAL INJURY ATTORNEY NEAR ME

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WHO CAN FILE A WRONGFUL DEATH LAWSUIT IN GEORGIA?

wrongful death burial site

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:

  • Medical expenses
  • Burial/funeral costs
  • Lost earnings or benefits
  • Pain and suffering, mental anguish, and other noneconomic damages
  • Loss of support (future earnings, etc.)
  • Punitive damages

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.

ATLANTA WRONGFUL DEATH LAWYER NEAR ME | ATLANTA PERSONAL INJURY LAWYER NEAR ME

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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.

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WHAT OUR GEORGIA CLIENTS SAY ABOUT US


ROSS MOORE LAW CASE RESULTS

$1,000,000

WRONGFUL DEATH 

Wrongful death settlement for policy limits.

$725,000.00

WRONGFUL DEATH

A wrongful death policy limits settlement for a pedestrian struck by a police vehicle.

 Learn More on Ross Moore Case Results

ATLANTA WRONGFUL DEATH ATTORNEY NEAR ME | ATLANTA PERSONAL INJURY ATTORNEY NEAR ME

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Looking for more information about personal injury cases in Georgia? Our Atlanta attorney answers common questions in our latest personal injury blog articles:

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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!

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