404-636-4900 At Deming Parker, we serve as unwavering advocates for those seeking justice in wrongful death cases in Atlanta. With compassion and determination, we navigate the complexities of the legal system on your behalf. Our mission is clear: to hold accountable those responsible for your loved one’s untimely passing and to tirelessly pursue the compensation and closure you deserve. Trust us to stand by your side, guiding you through every step of this challenging journey with empathy and expertise.
Our Atlanta Wrongful Death Lawyers Are Here to Help You Claim Justice
At Deming Parker, we’re committed to helping you navigate the complex legal process to secure justice and compensation in cases of wrongful death. Here’s how we can assist you:
- Initial consultation: We evaluate the merits of your case, reviewing evidence and providing a strategic outline.
- Investigation: Our team gathers crucial evidence, consults experts, and interviews witnesses to build a strong case.
- Filing the claim: We assist you in preparing and submitting all required legal documents to initiate the legal process.
- Negotiations: Skilled in negotiation, we aim to secure a fair settlement through discussions with insurance companies and opposing counsel.
- Litigation: If negotiations fail, we’re prepared to take your case to court, advocating vigorously on your behalf.
- Receiving compensation: Upon a successful claim, you’ll receive your compensation, either as a lump sum or ongoing payments.
Need expert legal advice? Our experienced team of injury attorneys are here to help. Call our personal injury lawyers in the state of Georgia at (404) 636-4900 or contact us online.
Wrongful Death vs. Personal Injury
While both wrongful death and personal injury cases in Georgia arise from negligence or intentional harm, they differ significantly in their legal approach and the damages recoverable. A personal injury claim seeks compensation for the injured person’s medical expenses, lost wages, and pain and suffering due to an accident or negligence.
In contrast, a wrongful death claim is filed by the surviving family members or the estate of someone who has died as a result of another’s wrongful actions. Wrongful death claims focus on the financial and emotional impact on the deceased’s family, including lost future earnings, loss of companionship, and funeral expenses.
How Long Do You Have to File an Atlanta Wrongful Death Claim?
The statute of limitations for filing a wrongful death claim in Georgia is two years from the date of the deceased’s death. This legal timeframe shows us the importance of consulting with an experienced wrongful death attorney promptly to ensure your rights are protected. Acting swiftly can also aid in the preservation of crucial evidence and witness testimony, which is vital for building a strong case.
Types of Wrongful Death Cases We Handle
At Deming Parker, our expertise spans a wide range of wrongful death cases, reflecting the diverse circumstances under which these tragedies can occur. Our dedicated team is adept at handling cases that include, but are not limited to:
- Automotive accidents: Our attorneys are skilled in navigating the complexities of wrongful death claims resulting from car crashes, motorcycle, or heavy vehicle accident, focusing on securing compensation for the victim’s family.
- Bicycle accidents: We advocate for the rights of cyclists, ensuring that families receive justice for their loved ones lost in bicycle accidents.
- Bus accidents: Our firm tackles the challenges of wrongful death claims involving public and private bus accidents, addressing the intricate liability issues these cases often present.
- Child injury: We approach cases of wrongful death involving children with sensitivity and determination, striving to provide families with closure and financial support.
- Dog bite: Our team seeks justice for families affected by fatal animal attacks, emphasizing the need for accountability and compensation.
- Pedestrian accidents: We represent families of pedestrians fatally injured in accidents, advocating for their rights and securing the compensation they deserve.
- Premises liability: Our attorneys handle wrongful death claims arising from slip and fall incidents and other premises-related accidents, focusing on property owner negligence.
- Medical malpractice: We meticulously investigate wrongful death cases stemming from medical negligence, collaborating with medical experts to hold responsible parties accountable.
We have been dedicated to guiding families affected by wrongful death through the legal process for decades, providing compassionate and competent legal representation to secure justice and fair compensation.
Holding the Negligent Accountable for Wrongful Death
While no amount of money can ever replace a life, holding the negligent parties accountable can provide a measure of justice and financial relief. At Deming Parker, we specialize in wrongful death cases, meticulously working to ensure that you receive the full spectrum of damages you’re entitled to under Georgia law.
Type of Damages You Can Claim
Economic Damages
Our attorneys work closely with financial experts to ensure that all potential sources of economic loss are accounted for, including future earnings, benefits, and other financial contributions the deceased would have provided.
Non-Economic Damages
The emotional and psychological scars left by a wrongful death are immeasurable but not unquantifiable. That’s why we employ specialized techniques to quantify non-economic damages, such as pain and suffering and loss of companionship. We consult with psychological experts to provide a comprehensive assessment of the emotional toll on surviving family members.
Punitive Damages
In instances where the negligence borders on the criminal, punitive damages may be pursued. These are not just compensatory but are designed to serve as a deterrent to the negligent party and others. Georgia law allows for the pursuit of punitive damages in wrongful death cases where the defendant’s actions were particularly egregious or malicious. At Deming Parker, we meticulously build a case to demonstrate the level of negligence involved, thereby justifying the pursuit of punitive damages.
The Process of Claiming for Compensation After a Wrongful Death
Navigating the legal intricacies of a wrongful death claim involves multiple steps, each fraught with its own set of complexities. At Deming Parker, we offer a structured approach to guide you through each critical phase.
Step 1: Initial Consultation
The first step involves a comprehensive evaluation of your case to ascertain its legal viability. This includes a detailed review of all available evidence, witness statements, and other pertinent information. Our attorneys will provide you with an honest assessment of your case’s strengths and weaknesses, outlining the best course of action moving forward.
Step 2: Investigation
This phase involves an exhaustive inquiry into the circumstances surrounding the wrongful death. Our legal team will gather all necessary evidence, consult with experts, and interview witnesses to build a robust case. The investigation phase is crucial for establishing liability and determining the extent of damages you may be entitled to.
Step 3: Filing the Claim
Once the investigation is complete, we will assist you in the meticulous preparation and submission of all requisite legal documents. This includes the filing of a formal complaint, which sets the legal process in motion.
Step 4: Negotiations
Negotiations with insurance companies and opposing counsel are often fraught with challenges. We prepare for these negotiations as if we were preparing for trial, ensuring that we have all the necessary evidence to support your claim.
Step 5: Litigation
If an amicable settlement proves elusive, we are fully prepared to escalate the matter to court. Our legal team will advocate vigorously for your rights, presenting a compelling case to the jury or judge.
How Is the Settlement Shared Among the Surviving Family Members?
There’s nothing that can truly make up for the sorrow caused by the wrongful death of a loved one, but we have personal experience with how settlements can serve as vital support for the affected families. Yet, as families consider their options for seeking justice, they may wonder about the allocation of the settlement.
In Georgia, the distribution of wrongful death compensation adheres to the guidelines set forth by the state’s Wrongful Death Act. This ensures that the compensation directly benefits the deceased’s immediate family members, reflecting their relationship to the victim and their potential financial loss. Here’s how the settlement is typically shared:
- If the deceased is survived by a spouse and no children, the entire compensation amount is awarded to the spouse.
- In cases where there is a surviving spouse and children, the compensation is divided equally among them, with the spouse receiving no less than one-third of the total compensation, regardless of the number of children.
- If there are no surviving spouse or children, the compensation is then distributed to the deceased’s parents.
- In the absence of a spouse, children, or parents, the compensation is allocated to the estate of the deceased and distributed according to the terms of the estate or Georgia’s laws on intestacy.
This ensures that those most affected by the loss are supported financially, helping to mitigate the economic impact of their loved one’s untimely death. If you are unfortunately dealing with a wrongful death case, we can help you determine who may be considered beneficiaries according to your specific circumstances.
Need expert legal advice? Our experienced team of injury attorneys are here to help. Call our personal injury lawyers in the state of Georgia at (404) 636-4900 or contact us online.
Contact a Wrongful Death Lawyer to Claim the Justice Your Family Deserves
The loss of a loved one due to wrongful death is a grievous injustice that no family should have to endure. The time to act for justice is now. Contact Deming Parker for a free consultation to discuss your legal options and map out a strategy for your case.
Our attorneys are committed to providing you with the legal representation you deserve, ensuring that justice is served and that you receive the compensation you are entitled to. Contact us today and let us help you get the compensation you and your family deserve.
