Protect your Rights! Contact Us Today. (770) 217-4954
Close this search box.

Not Sure Where To Start?

Contact us today and let one of
our experienced attorneys assist you.

Who is Eligible to File a Wrongful Death Lawsuit in Atlanta?

Eligible to File a Wrongful Death Lawsuit

When a loved one passes away, it can be extremely difficult to move forward with your life. Grieving a lost loved one is a lifelong process, and victims who lost loved ones due to a wrongful death deserve every chance at the relief they possibly can have. This is where a wrongful death attorney can help.

If your family member or loved one lost their life due to a tragic accident, you may be unsure whether or not you have grounds to form a lawsuit. If the deceased passed away directly due to another person’s negligence, carelessness, or otherwise intentional act of harm, you are likely eligible to file a wrongful death lawsuit. The lawsuit will aim to cover expenses associated with your loved one’s death, from loss of companionship to funeral expenses.

The only way to know if you are eligible to file a wrongful death case is to schedule a consultation with a personal injury lawyer. In your consultation, an attorney will review your case, answer any preliminary questions you might have, and will provide next steps for moving forward. It’s important to note that only certain people are eligible to file a wrongful death lawsuit in Atlanta, and there is a specific window of time in which that person can take action.

Who Is Eligible To File A Wrongful Death Lawsuit In Atlanta?

Georgia’s wrongful death statute O.C.GA 51-4-2 allows a decedent’s family members to file a lawsuit. In a wrongful death case where the deceased was married, the surviving spouse is the first party that is allowed to file a claim according to Georgia state law. The spouse is entitled to at least one-third of the full financial recovery from the wrongful death claim.
Wrongful Death Lawsuit in Atlanta
However, in cases where there is no surviving spouse, the victim’s surviving children may file the claim instead. If the deceased is not survived by a spouse or any children, the deceased’s parents, siblings, nieces or nephews, grandparents, and other lineal descendants are able to file a wrongful death claim. In order to determine if you are eligible to file a wrongful death case, you need to speak to a qualified personal injury lawyer with experience in the practice area of wrongful death.

What Kind Of Expenses Can A Wrongful Death Lawsuit Cover?

In simple terms, the compensation from a wrongful death suit is intended to cover the earnings and the emotional comfort and support the deceased person would have provided. Loved ones who have survived the deceased can file a wrongful death lawsuit and pursue compensation for the loss of the close relationship, and the loss of companionship attributed to the death of the wrongfully dead victim. If the deceased is survived by a spouse, this is referred to as loss of consortium or the right of association and companionship with one’s husband or wife.

Loved ones can also be compensated for the loss of services the decedent would have provided in the household in the future. In addition to the loss of services, it’s important to note that when a loved one passes away, the absence of their income can bring about severe financial hardship on a family. Survivors of the wrongfully dead can also seek compensation for their loved one’s lost wages in order to regain financial stability after the devastating accident.
devastating accident
If there are any outstanding medical bills remaining after the deceased victim passed away, your compensation may also cover the remaining medical bills that are associated with the accident that caused the victim to wrongfully die. Your lawsuit may also extend to funeral expenses that cover the cost of burying your deceased loved one or holding funeral services.

How Soon After A Wrongful Death Should A Spouse File A Lawsuit?

Ideally, right away. If your loved one has suffered a wrongful death, the sooner you contact a lawyer, the better. In the state of Georgia, the surviving spouse or family member of a wrongful death victim must file a lawsuit within the statute of limitations. The surviving family members typically have up to two years after the victim’s death to file the lawsuit, according to this statute.
surviving spouse or family member of a wrongful death victim
If a government entity (such as a state employee) is at fault for the deceased’s accident, the statute of limitations may be shorter. The best way to ensure you will be adequately represented in court is to contact an Atlanta wrongful death lawyer right away. The longer you wait, the more difficult it may be to receive the compensation you need.

Not all Atlanta wrongful death lawyers offer a free, no-obligation consultation for the families of accident victims, but The Angell Law Firm does. If your family member’s death was caused by the recklessness, carelessness or disregard of another person or entity, you have every right to seek compensation for your pain and suffering.

Schedule Your Free, No-Obligation Consultation With The Angell Law Firm Today

Losing a loved one is always an extremely difficult hardship to experience. But when a loved one passes away due to wrongful death, the circumstances are even more devastating. You and your family should not have to suffer because of someone else’s negligence, and deserve to seek justice for what you have wrongfully endured. You need to work with a lawyer who is empathetic, intelligent, and dedicated to fighting for accident victims just like you.

The Angell Law Firm are skilled wrongful death attorneys in Atlanta who are compassionate and committed to fighting for families with deceased loved ones. We take the time to listen to and understand your concerns and will make sure that you feel confident and secure in your choices every step of the way.

To see if you are eligible to file a wrongful death lawsuit, contact The Angell Law Firm today to schedule your free consultation. An attorney at law will review your case during this consultation, answer your legal questions, and discuss your legal options.
Call The Angell Law Firm today at (770) 217-4954 to take the first step to get justice for you and your loved ones.

Scroll to Top