Atlanta Wrongful Death Attorney – Fighting Back!
Death is a natural part of life. It is always sad when a loved one dies.
Yet, when the loved one dies due to another person’s negligence, carelessness, recklessness, mistakes, and errors the universe cries. That is not the way it “should happen”. It is not fair. It is not right.
And you have a choice.
You can just let it go. You can forgive the person or company that killed your loved one. For some folks, this is the right path that they take. Just letting it go.
For others – they just cannot remain silent. They are unwilling to accept the status quo. They want to balance the scales of justice – just a little – and they want to take back control over their own lives.
We created this website for you to learn more about Wrongful Death Actions.
Wrongful death lawsuits are allowed in Georgia only under statutory law – meaning that the law was specifically passed by the legislature and signed by the Georgia Governor. The code provides that the survivors or family members “may recover for the homicide of the spouse or parent the full value of the life of the decedent, as shown by the evidence” O.C.G.A. § 51-4-2(a). This is a process in which includes both an economic analysis, i.e. how much money would the loved one make, as well as the value of the enjoyment of life.
In order to receive full damages or full compensation, one must also recover under an Estate. An Estate is created in the probate court that collects all the assets and liabilities of the decedent. Once an Estate is created, then, under Georgia’s wrongful death statute, O.C.G.A. § 51-4-5(b), whereby the Estate recovers the pain and suffering of the decedent, between the time of the wrongdoing and the death.
Wrongful death actions arise out of any situation in which a loved one is killed due to the carelessness of another, in Georgia.
By way of example;
- A trucking company’s driver is not paying attention to the road and causes an accident or collision.
- A hospital fails to supervise its doctors, and the doctors fail to diagnose or treat the patient properly, committing medical malpractice.
This happens to children, moms, and dads, as well as grandparents.
- A driver of a car hits and kills a father on his bike, or a child who is walking in a crosswalk, all because the driver was in a rush, or was on their mobile phone.
- A store or apartment complex fails to make sure the property is reasonably safe, and a bystander is shot and killed.
- A motorboat runs over and kills a swimmer because the driver was driving drunk.
- A school takes a young child swimming but fails to watch the child and they drown, and die.
- A damaged powerline was not secure, and a mother is killed.
- A portable heater falls over and does not turn off, causing a house fire and killing a family, resulting in a products liability lawsuit.
- A patient is dropped at the hospital causing serious injuries or death.
- A bar serves a customer 20 alcoholic drinks, knowing the customer would soon leave the bar drunk, and a child is killed due to driving under the influence.
- A grandmother is neglected in a nursing home.
Visit the following pages for more information:
Wrongful Death Actions Punish Wrongdoers and Compensate the Family
Who Can Bring a Wrongful Death Action?
What Must Be Proven
Warning! Your Rights Are Expiring: The Statute of Limitations
Damages – What Can Be Recovered.
Watch Out for the Blame Game
Money helps the family. Money tells the family that their loved one’s life was worthwhile. Money holds people and companies accountable for acting recklessly and unsafe. Money decreases the chances that the same thing will happen again.
We are not saying that money makes everything better. It does not. It cannot. Money cannot turn back time and allow your loved one to live.
Yet, the #1 reason that our clients tell us that they want to file a lawsuit is so that it will not happen again.
We are here and available to help. Let us guide you and fight for you and your family.
Wrongful death actions are designed as a penalty to prevent wrongdoing, encourage safety, and recover money for the family.
Take Swift and Decisive Action Today
Accidents happen every day in the city of Atlanta. Unfortunately, some of them result in fatalities. If your loved one died in an accident due to another person’s negligence, you may be able to file a wrongful death lawsuit to receive compensation for your loss. The experienced attorneys at Krause Law Firm can help you expertly navigate the situation and ensure you get the compensation you are entitled to.
The loss of a loved one due to negligence can be a serious and agonizing situation. Making proper choices after the loss of a loved one or spouse can affect the rest of your life. It’s important to know that the emotional pain and distress caused by the loss of a loved one are only part of the damages assessed in a wrongful death case. Having years of experience handling wrongful death cases throughout Atlanta, Krause Law Firm can assist with a family’s claim.