When a family member dies because of someone else’s negligence, you and your loved ones suffer confusion, devastation, and grief. You want answers and justice from the person at fault for the loss. Securing those goals can be difficult unless you hire a knowledgeable Atlanta wrongful death lawyer to prepare and present your case.
At Munley Law, our wrongful death attorneys are committed to treating you with care, honesty, and respect throughout the claims process. We discuss your case in clear language so you have the confidence to move forward and hold those responsible accountable. You can schedule a free consultation with us to get started and learn more about the choices you have after a wrongful death.
There is no fee unless we win your case.
Why Choose Munley Law for an Atlanta Wrongful Death Lawyer?
After a death due to negligence, you have many decisions to make, including choosing the right wrongful death lawyer. At Munley Law, we believe you should choose us because our attorneys have offered over 65 years of service to clients just like you. We have been there for countless individuals who faced the same problems, and we have helped many of them achieve satisfactory client victories.
We provide the following services to lighten your load so you can focus on grieving:
We listen compassionately to your circumstances during a complimentary case review.
We collect evidence and build the strongest case possible.
We help you submit insurance claims and file legal paperwork.
We negotiate with insurance providers and the defendant’s lawyer for a fair settlement.
We apply our knowledge of Georgia law to seek justice against the wrongdoer.
We prepare your case for trial from the beginning.
We argue persuasively for your right to compensation.
Throughout every step of the process, we keep you updated so you know what’s happening. We are proud of both our client testimonials and our national recognition. They tell you that others have put their trust in us for their losses and that you should do the same.
How Our Wrongful Death Lawyer in Atlanta Helps Your Case
After a death, you must deal with funeral arrangements, supporting family members, and handling your own grief. On top of this, you likely still need to go to work and manage your home. Adding a potential wrongful death lawsuit to everything else can quickly overwhelm you.
When you put your trust in what the Atlanta wrongful death lawyers at Munley Law can do for you, we take over those worries and become your powerful advocate. We conduct a full investigation to determine who is at fault and how their actions caused your loved one’s death. We identify all potential avenues for compensation and work to secure as much financial relief as possible.
Negotiating with insurance companies for a fair settlement is an exacting business, but our team offers substantial experience in pushing back against underhanded tactics. We also represent your interests aggressively in court so the wrongdoer is held financially liable for the harm they caused your family. Prioritizing your best interests is our promise and commitment to you.
An Atlanta Wrongful Death Is Often More Complicated Than a Personal Injury Claim
Although a wrongful death lawsuit is under the same legal umbrella as personal injury, the details of these kinds of cases are very challenging. If your loved one was hurt in a car accident but survived, they can file their own claim and receive the settlement. If they died, the task of seeking compensation falls to those left behind, as long as the circumstances support a wrongful death claim.
When someone dies by another person’s actions, you may have the option of filing a wrongful death claim or a survival action. The difference between a wrongful death claim and a survival action is determined loosely by when the person died. If they passed away immediately, your attorney may file a wrongful death action, whereas a survival action is more appropriate if the loved one lived for a while.
If the deceased began a personal injury lawsuit before they passed, your wrongful death attorney in Atlanta can guide you through converting it to a survival action. This allows you to recover the medical expenses and other costs associated with their treatment before they died. Although survival actions and wrongful death claims end up working toward the same goal, they differ from personal injury claims because they must clearly show how the negligent party’s actions led to death.
You can expect the defendant’s attorney to argue that your loved one had a pre-existing condition that actually caused their death. They may also claim your family member contributed to their own demise. Although this can feel insulting and frustrating, the wrongful death lawyers at Munley Law will fight back fiercely for a just decision in your case.
How a Wrongful Death Case Can Impact Your Loved One’s Estate
Managing the final distribution of your family member’s possessions can be time-consuming and emotionally challenging. If they died with a will, you likely have a good idea of who is getting what, but without one, you will have to rely on the state’s laws about transferring assets. You will also have to register the estate with the county and follow probate court procedures.
A wrongful death case can delay this process significantly, since the lawsuit or insurance claim has to be resolved before you can fully value the estate’s worth. Even if your family member did not leave very much behind, the possibility of receiving a settlement or jury award impacts the timeline for closing the estate. Your wrongful death lawyer in Atlanta can advise you on what to expect and connect you with an estate law firm.
Because the average payout of a wrongful death settlement varies depending on the details of the case, a small estate could become worth a great deal if the claim is successful. Your attorney will take a percentage of the funds for their fees and any costs associated with litigating the case. Once all those expenses are covered, you may receive a lump sum, a structured payment, or the money may go into a trust if there are minor children.
Common Situations Leading to a Wrongful Death in Atlanta
After someone dies, you may not realize their death was wrongful right away. Perhaps you do not have all the information, or the person responsible for the death lies about what happened. When you do find out, you need to take action right away to gather evidence and put your Atlanta wrongful death attorney to work.
Here are some common instances where a death could be considered wrongful in Atlanta:
Medical malpractice
While we put our trust in doctors and nurses, their carelessness or failure to meet the standard of care could result in the death of someone you love from medical malpractice. They must be held accountable for their actions, although these cases can be more challenging.
Shooting deaths
Guns are used for hunting, sport, and protection. Yet, when a person negligently or intentionally handles or stores them without regard to the safety of others, wrongful deaths occur. A shooting death may qualify as negligent if the owner was the one handling the weapon or if they stored it in a way that allowed a child to access it and hurt themselves or someone else
Car accidents
Drivers who get behind the wheel when they are drunk or high can cause substantial injury and death in car accidents. The same is true for those who speed, engage in road rage, or drive recklessly by disobeying traffic laws.
Pedestrian or bicycle accidents
Drivers who ignore or overlook those on foot or bikes can be held liable when they cause death. Pedestrians and bicyclists do not have the protection of a larger vehicle, meaning auto drivers must take extra caution to avoid hurting them.
Truck accidents
Truck drivers often exceed federal hours of service regulations when hauling freight, making them more likely to fall asleep and cause a deadly truck accident. Like passenger motorists, they can also be negligent if they drink while driving or get distracted by cell phones or other devices.
Motorcycle accidents
Like bicycle riders, motorcyclists lack a metal cage to keep them safe. Motorcycle operators account for 18% of all traffic fatalities, even though they make up only 6% of licensed drivers in Georgia, according to the Governor’s Office of Highway Safety.
Unsafe premises
Georgia’s premises liability laws require property owners to maintain their land and buildings in a clean and hazard-free condition. If your loved one dies from a fall, injury from falling objects, or exposure to toxic chemicals, you could be eligible to file a wrongful death claim against the owner. A wrongful death claim can also stem from intentional or criminal acts of violence, especially if the premises lacked appropriate security.
It may be clear what happened and who is to blame for a wrongful death, or it may take an in-depth investigation to discover the truth. If the liable party faces criminal charges, Munley Law’s Atlanta wrongful death attorneys will collaborate with the Georgia Attorney General’s office to make use of any evidence that could help your lawsuit. We do not rest until we get the answers you need to feel more at peace.
You Must Establish Liability for a Successful Wrongful Death Case
The key to any personal injury or wrongful death case is demonstrating that the defendant was negligent and that their negligence caused the plaintiff to suffer damages. This is achieved by presenting evidence to support four key claims:
Duty of Care: You must show that the accused had a certain duty of care to your loved one. This may be a duty to drive safely, correct an error, or treat a patient according to the standard of care
Breach of Duty: Next, you must show evidence that the person somehow breached this duty of care. This may be evidence that they violated traffic laws, knowingly manufactured or sold a defective part, or neglected to run the appropriate diagnostic tests
Cause: Though you may have evidence that someone failed to fulfill their duty of care to your lost loved one, Georgia law does not recognize your case unless you can show that this breach of duty caused your loved one’s death.
Damages: Last, you must show how their loss has caused you harm. This may be through witness testimony, financial records showing the added financial pressure you have, or even showing that their children have lost the valued guidance of that parent
Every wrongful death case is different, and the specific argument your Munley Law attorney will use is different from their previous case, just as the next is different from yours. However, as the law is currently written, these four components of negligence are always required to be successful.
You Can Claim Both Economic and Non-Economic Damages in Your Wrongful Death Case
Deciding which expenses qualify for compensation in a wrongful death claim can be confusing, and it is easy to overlook some losses. For example, you may recognize that you carry the economic costs of the funeral and burial expenses, but did you know you can also claim non-economic items like pain and suffering damages?
In Georgia, you have the right to seek compensation for “the full value of the life of the decedent.” A qualified Atlanta wrongful death attorney at Munley Law will help you identify all eligible damages, including:
Your loved one’s medical expenses prior to death
The cost of transporting the remains to the burial location
The fees associated with burying your family member
Florist, equipment, venue rental, and other funeral expenses
Loss of consortium for the spouse or legal domestic partner
Loss of the survivor’s inheritance
Loss of financial support for dependents
Lost income calculations based on what the deceased would have earned
The family’s mental anguish and emotional distress
The deceased’s pain and suffering before passing
In some instances, you may also be able to seek punitive damages if the defendant’s actions were malicious, willful, fraudulent, or intentionally disregarded the safety of others. To do so, your wrongful death lawyer must be able to provide clear and convincing evidence showing that the defendant’s actions met the criteria. This can be very difficult, so these damages are rare.
Frequently Asked Questions About Wrongful Death Cases in Atlanta
How Does Georgia Law Define Wrongful Death?
Under the Georgia Wrongful Death Act, a wrongful death is defined as homicide, allowing plaintiffs to bring their claims for more than just negligent actions. It allows you to file a case when someone murders your loved one, a manufacturer sells a deadly product, or a property owner’s actions cause the loss.
Who Can File a Wrongful Death Claim in Georgia?
There are different laws for bringing a claim, depending on the person who died. For example, if the deceased is a spouse or parent, Georgia Code Section 51-4-2 entitles the surviving spouse (or children if there is no spouse) to file the lawsuit. For the wrongful death of a child, parents or guardians can recover as defined by Georgia Code Section 19-7-1.
If there is no spouse, child, or parent of the deceased to bring a lawsuit, the personal representative (PR) for the person’s estate can take action.
Who Receives the Money From a Wrongful Death Case?
Under Georgia Code Section 51-4-2-1, the surviving family members (spouse, children, and parents) will share the settlement funds. If there are no children or spouse, the money can go to the parents or to the estate of the deceased if the estate representatives filed the lawsuit. If the estate receives the money, it will be distributed according to the will, but if the person did not have a will, the funds are given out according to Georgia’s intestacy laws.
How Long Do You Have to File an Atlanta Wrongful Death Lawsuit?
Georgia generally allows two years under its statute of limitations, although there are some situations where the statute may be shorter or longer. Building a wrongful death claim takes time, and you must act as soon as possible after the loss so you do not end up unable to file a lawsuit. By meeting with the team at Munley Law right away, you have a stronger chance of securing the financial relief you need.
Turn to Munley Law for Experienced Guidance With Your Atlanta Wrongful Death Claim
During this difficult time, you need legal professionals who will manage your case with knowledge, skill, and compassion. At Munley Law, your Atlanta wrongful death lawyer will ease your worries and pursue justice on behalf of your loved one and the survivors. Contact us to arrange a free consultation and discuss your circumstances today.
