Losing a loved one is always a shock, filled with trauma and emotions that are never easy to put into words. If your loved one died because of someone else’s negligence, an Atlanta wrongful death attorney from the Law Offices of Darwin F. Johnson can:
- Review your case
- Determine if you have a case
- Advise you on who can file a claim
- Walk you through the steps to take to fight for your loved one
We can’t bring your loved one back, but we can hold the responsible party liable and seek justice for the family left behind.
Call (404) 521-2667 or contact us online to speak to an attorney about your case.
Case Illustration
Karen, a 44-year-old married mother of two, is driving to visit her relatives and is taking Interstate 285, which anyone in Atlanta Metro will know is one of the most dangerous roads in Georgia. She was driving safely in the right lane when, all of a sudden, traffic stopped in front of her.
Reacting swiftly, she stopped her vehicle with more than enough time, but the semi-truck driver behind her did not.
Unfortunately, Karen suffered extensive trauma to her brain and succumbed to her injuries on the way to the hospital.
Her husband found that the police report stated that the trucker was drinking and driving, and since this shows negligence, he decides to file a wrongful death claim. Due to the accident involving a big rig, he may be able to pursue damages from:
- Insurance companies
- The truck driver
- Third-parties
Georgia’s Legal Codes for Wrongful Death Claims
O.C.G.A. 51-4-2 of the Georgia Code covers wrongful death claims extensively, answering many of the questions loved ones have and will help guide your Atlanta wrongful death attorney.
Who Can File a Claim?
Who can file a claim depends on the person’s situation:
- Surviving spouses can file a claim for their spouse.
- Surviving children can file if no spouse exists.
- Parents of the victim can file if neither a spouse nor children exist.
If a spouse files a claim and has children, the amount recovered will be equally divided among the spouse and the children on a per capita basis. Spouses should receive no less than 33% of the share of the recovery.
So, if a spouse and three children were left behind, the children would have to divide 66% of the settlement amongst themselves.
What If the At-Fault Driver Was Uninsured?
If the at-fault driver doesn’t have insurance, it complicates wrongful death claims. You can file a claim and pursue damages, but if a person doesn’t have insurance, it’s often because they do not have the finances to pay for it.
You may secure a judgment against the driver, but they may not have the assets to pay it.
If the person does have assets, the judge can order them to liquidate the assets to pay the judgment, and this is one option to pursue. Your policy may also have uninsured motorist coverage, which will provide compensation up to your policy limit.
Since 14% of all drivers on the road are uninsured, there are many cases where families win judgments but are never paid out by the at-fault driver.
Understanding the Wrongful Death Claim Process
Filing a wrongful death claim can be a complex and emotionally draining process if you are grieving the loss of a loved one. It’s a process that is best handled by an experienced Atlanta wrongful death attorney who can guide you through each step and handle the most complicated and difficult aspects of your claim.
Every case is unique but will generally follow the timeline below:
- Investigate the incident and gather relevant evidence, including police reports, pictures and video evidence, witness testimony, etc.
- Determine liability. Your attorney will review the facts and evidence to support your claim that the other party was responsible for your loved one’s death.
- Negotiate a settlement. Your attorney will then begin negotiations with the insurance company to come to a favorable and just settlement that accounts for all of your present and future losses.
- File a lawsuit. If a settlement agreement cannot be reached, the next step would be to file a lawsuit and take your case to the courtroom.
Do I Have A Case?
In order to succeed with your wrongful death claim, certain elements must be present to prove that the other party is liable for damages.
You must be able to demonstrate that:
The Other Party Was Negligent
A party can only be negligent if they owe the victim a duty of care and fail to act with a reasonable standard of care in the specific situation.
Intentional negligence or acting maliciously may also be a basis for a wrongful death claim.
The Other Party’s Negligence Caused the Victim’s Death
In addition to proving that the other party owed the victim a duty of care and was negligent, you must also demonstrate that their negligence was the cause or a contributing cause of the victim’s death.
Damages Were Suffered as a Result
In order to have a case, you must also be able to show that the victim’s death caused measurable damages or losses. Damages can include funeral or burial expenses, medical expenses or lost income.
Wrongful death claims are rarely simple. The best way to determine whether you have a valid claim is to consult with an attorney.
How To Choose The Best Wrongful Death Lawyer For My Case
If your loved one’s death was caused by someone else’s negligence, an attorney can help you understand your options and navigate the claim process.
Choosing the right attorney is key. Here are a few important things to consider:
- Experience with wrongful death cases. Wrongful death claims tend to be more complicated because the victim is no longer present to provide key details about the incident. An attorney with experience handling wrongful death cases will know which elements must be proven and how to build a strong case on your behalf.
- Client-centric approach. Is the attorney responsive? Will they give your case the time and attention it needs to achieve a favorable outcome? You need an attorney who will explain the process and your options and keep you updated on the progress of your case.
- Positive reputation. Does the attorney have a positive reputation among clients and in the industry as a whole? Wrongful death cases are emotionally charged, and the outcome can have a lasting impact on your life. You need an attorney who has a history of successful claims.
At The Law Offices of Darwin F. Johnson, we fight for injured Georgians and those who have wrongfully lost their lives because of someone else’s negligence. We know that no amount of compensation can make up for your loss, but holding responsible parties accountable will help you get justice for your loved one.
Our experienced and compassionate attorneys can help you find the best course of action in your case and advocate zealously for a fair and just settlement.
Contact us today to schedule a free consultation with an experienced Atlanta wrongful death attorney.
