What Are the Legal Requirements for a Wrongful Death Claim in Atlanta?

In Atlanta, the pursuit of justice through a wrongful death claim hinges on three critical legal requirements: proving the death was caused by negligence or a deliberate act, establishing a direct impact on the survivors, and identifying a liable party. These claims serve not only to seek financial compensation for the survivors but also to hold the responsible parties accountable for their actions. 

Proving these elements for a wrongful death claim can be overwhelming, especially during a time of grief. An Atlanta wrongful death lawyer could manage your family’s wrongful death claim. They can make sure your claim meets all the legal requirements and protect your family’s rights. By entrusting your case to a legal professional, you can focus on healing while they work to secure the justice your family deserves.

Proving the Death Was Caused by Negligence or a Deliberate Act

For a wrongful death claim in Atlanta, the foundational requirement is to prove that the death was the direct result of negligence or a deliberate act. This proof hinges on demonstrating the four essential elements of negligence:

• Duty of care: Establishing that the defendant owed the deceased person a duty of care. This means the defendant was in a position where their actions or inactions could cause harm to the deceased.
• Breach of duty: Showing that the defendant breached that duty of care through negligence or by intentionally acting in a way that a reasonably prudent person would not have under similar circumstances.
• Causation: Linking the breach of duty directly to the death of the deceased. It must be clear that the defendant’s actions or failure to act was a significant factor in causing the death.
• Damages: Demonstrating that the death resulted in quantifiable damages. This could include medical bills, funeral expenses, loss of income and support, as well as non-economic damages like emotional distress and loss of companionship.

Types of Accidents That Can Result in a Wrongful Death

Wrongful death claims can arise from a variety of accidents, including but not limited to:

• Vehicle accidents
• Medical malpractice
• Workplace accidents
• Product liability
• Premises liability

If the accident that cost your loved one their life was based on negligence, your personal injury lawyer in Atlanta can assist your family. 

Investigating the Atlanta Accident and Collecting Evidence

Your family’s wrongful death claim must be supported with evidence. The process of investigating the accident and gathering evidence typically involves:

• Accident reports: Obtaining official reports from police or regulatory agencies, which provide an authoritative account of the incident.
• Eyewitness testimony: Collecting statements from the people who witnessed the accident can offer insights into what happened.
• Medical records: Reviewing medical documentation related to your loved one’s final injuries and treatment to establish a link between the accident and the cause of death.
• Expert testimony: Enlisting specialists in fields such as accident reconstruction, medical experts, and financial analysts to provide professional opinions that support your claim.
• Photographic and video evidence: Utilizing photos or videos from the scene to illustrate the conditions that led to the accident.
• Documentation of damages: Gathering receipts, employment records, and other documents to quantify the financial and emotional impact of your loss.

An Atlanta wrongful death attorney can investigate the accident, compile evidence, and manage your claim with the insurance companies. 

For a free legal consultation, call (404) 888-8888

Wrongful Death FAQs

Identifying the Liable Parties in Your Family’s Wrongful Death Claim

In a wrongful death claim, pinpointing the party or parties responsible for the death is a crucial step. Often, there may be more than one entity whose actions or inactions contributed to the incident, making the process of identifying all liable parties complex but essential for ensuring full accountability and fair compensation.

Identifying all liable parties is not just about securing adequate compensation; it’s also about holding all responsible parties accountable for their actions. With the assistance of a wrongful death lawyer, your family can achieve a sense of justice, knowing that every entity that played a role in your loved one’s death has been held accountable.

Establishing a Direct Impact on the Survivors of a Wrongful Death

Demonstrating the direct impact the loss has had on the survivors involves quantifying the financial losses and addressing the profound emotional toll. For a claim to proceed, it must be filed by individuals who are legally recognized by the courts. The eligibility to file a wrongful death claim in Georgia is defined by the wrongful death statute O.C.G.A. § 51-4-2, which prioritizes the deceased’s closest relatives:

• Spouse: The surviving spouse of the deceased has the primary right to file a wrongful death claim. If there are also surviving children, the spouse represents their interests as well, but the settlement must be shared with the children, with the spouse receiving no less than one-third of the total regardless of the number of children.
• Children: In the absence of a surviving spouse, the deceased’s children can file the claim. The compensation awarded is divided equally among the children.
• Parents: If the deceased left neither a spouse nor children, the parents have the right to file the claim.
• Estate representative: When there are no direct family members, the executor or administrator of the deceased’s estate can file the claim. Any compensation awarded in this scenario goes to the estate and may benefit the next of kin or be used to pay off the estate’s debts.

The wrongful death damages a family may pursue in a claim could include: 

• Financial support for the loss of income the family now faces
• Services and support, such as childcare, home maintenance, and other domestic contributions
• Loss of companionship, care, guidance, and emotional support
• Funeral and burial costs
• Medical expenses for the care the deceased received before passing

Your Atlanta wrongful death attorney can compile and present evidence to support your family’s wrongful death action, ensuring your losses are fully recognized.

Complete a Free Case Evaluation form now

For More Information, Call Bader Scott Injury Lawyers Today

The personal injury attorneys in Atlanta with Bader Scott Injury Lawyers understand the terrible loss your family is facing right now. We can explain the legal requirements necessary to meet a wrongful death claim and comply with the state’s statute of limitations. We can also manage this hardship for you and give your family the time to grieve as it should. 

Reach out to us today for a free case evaluation. 

Call or text (404) 888-8888 or complete a Free Case Evaluation form