Wrongful Death Attorneys in Atlanta: Finding the Right Legal Representation
Losing a loved one due to someone else’s negligence or misconduct is a devastating experience. In such cases, pursuing legal action may be necessary to seek justice and financial compensation. This is where wrongful death attorneys play a crucial role. If you are in Atlanta, Georgia, and looking for legal representation, understanding wrongful death claims and finding the right attorney is essential.
This article will explore the definition of wrongful death, the legal process, compensation, and how to choose the best wrongful death attorney in Atlanta.
1. What is a Wrongful Death Claim?
A wrongful death claim is a legal action brought when a person dies due to the negligence, recklessness, or intentional misconduct of another party. These cases typically arise from:
Car accidents caused by reckless or intoxicated drivers.
Medical malpractice, such as misdiagnosis, surgical errors, or hospital negligence.
Workplace accidents due to unsafe conditions or lack of protective measures.
Defective products that result in fatal injuries.
Criminal acts, such as assaults or homicides.
Wrongful death claims aim to hold the responsible parties accountable and secure compensation for the surviving family members.
2. Who Can File a Wrongful Death Lawsuit in Georgia?
In Georgia, wrongful death lawsuits must be filed by specific family members or representatives. The state law prioritizes claimants in the following order:
Spouse of the deceased – The surviving spouse has the first right to file a claim. If they have minor children, they must also represent the children’s interests.
Children of the deceased – If no spouse exists, the children may file a claim.
Parents of the deceased – If the deceased was unmarried and had no children, their parents can file the lawsuit.
Estate representative – If none of the above apply, a personal representative of the deceased’s estate may bring the claim on behalf of surviving relatives or beneficiaries.
3. What Damages Can Be Recovered in a Wrongful Death Case?
A wrongful death lawsuit seeks compensation for both economic and non-economic damages to provide financial relief and justice for the deceased’s family.
Economic Damages (Financial Losses)
Medical expenses incurred before the victim’s death.
Funeral and burial costs.
Loss of future income that the deceased would have provided.
Loss of benefits, such as insurance and retirement savings.
Non-Economic Damages (Emotional Losses)
Pain and suffering of the surviving family members.
Loss of companionship, love, and guidance.
Emotional distress caused by the unexpected death.
In some cases, punitive damages may also be awarded to punish the responsible party if their actions were reckless or intentional.
4. How to Choose the Right Wrongful Death Attorney in Atlanta
Finding the best wrongful death lawyer in Atlanta requires careful research and consideration. Here are the key factors to keep in mind:
1. Experience in Wrongful Death Cases
Choose an attorney who specializes in wrongful death and personal injury law.
Review their track record of successful settlements and trial verdicts.
Check if they have handled cases similar to yours, such as medical malpractice or car accidents.
2. Reputation and Client Reviews
Look for client testimonials and reviews on Google, Avvo, or legal directories.
Check if the attorney has any disciplinary actions with the Georgia Bar Association.
Ask for references from past clients to understand their experience.
3. Legal Fees and Payment Structure
Many wrongful death attorneys work on a contingency fee basis, meaning they only get paid if you win the case.
Understand their percentage cut of the settlement before signing any agreement.
4. Communication and Availability
Choose a lawyer who is responsive and keeps you updated.
Ensure they are willing to explain the legal process and answer your questions.
5. Resources and Legal Team
Wrongful death cases often require expert witnesses, accident reconstruction specialists, and investigators.
A well-established law firm with ample resources can strengthen your case.
5. Top Wrongful Death Attorneys in Atlanta
Here are some highly-rated wrongful death attorneys and law firms in Atlanta, GA:
1. The Keenan Law Firm
Led by Don C. Keenan, a nationally recognized attorney.
Specializes in wrongful death cases, especially involving children and medical malpractice.
2. The Law Firm of Michael S. Wilensky, LLC
Attorney Michael Wilensky is known for compassionate and aggressive legal representation in wrongful death cases.
Offers personalized legal strategies tailored to each client.
3. Ben Crump Law, PLLC
Led by Benjamin Crump, a well-known civil rights and wrongful death attorney.
Handles high-profile cases and fights for justice on behalf of families.
4. The Cochran Firm – Atlanta
Established by Johnnie Cochran, this firm has a strong track record in personal injury and wrongful death claims.
Known for handling complex litigation cases.
5. Super Lawyers Recognized Attorneys in Atlanta
Several attorneys in Atlanta have been recognized by Super Lawyers for their expertise in wrongful death cases, including:
Matthew Wetherington
Kathy McArthur
Bryan Baer
Peter A. Law
To find more attorneys, visit Super Lawyers’ directory.
6. The Legal Process of Filing a Wrongful Death Claim
If you decide to pursue a wrongful death lawsuit, here’s what to expect:
Consultation with an Attorney – Discuss your case and evaluate legal options.
Investigation and Evidence Gathering – Attorneys will collect medical records, accident reports, witness statements, and expert opinions.
Filing the Lawsuit – A legal complaint is filed in the Georgia court system.
Negotiation and Settlement – Most cases are settled outside court, but if negotiations fail, the case proceeds to trial.
Court Trial (if necessary) – If no settlement is reached, the case goes to trial, where a judge or jury determines liability and damages.
In Georgia, the statute of limitations for wrongful death claims is two years from the date of death. If the claim is not filed within this period, the family may lose their right to seek compensation.
Conclusion
Navigating a wrongful death case can be emotionally and legally challenging, but having the right attorney can make a significant difference. By understanding who can file a claim, what compensation is available, and how to choose the right lawyer, families can make informed decisions and seek justice for their loved ones.
If you are in Atlanta, Georgia, and need legal representation, take the time to research experienced wrongful death attorneys who can provide compassionate and skilled legal support. Consulting with multiple attorneys will help you find the best advocate for your case.