When you suffer the loss of a family member because of someone else’s negligence, you may experience frustration, anger and overwhelming grief. You and your family deserve compensation for your incredible loss. You also deserve time to grieve. The experienced wrongful death attorneys at the Law Offices of Humberto Izquierdo, Jr., PC will fight aggressively to protect your rights while you mourn your loss.
If you live in the Atlanta or Marietta areas of Georgia and have lost a loved one due to the negligence of another, please call us today at 770-888-8901 to discuss your case for free. We work on a contingency-fee basis, which means that you won’t pay us anything unless we obtain a successful outcome in your case.
What Is Wrongful Death?
Wrongful death claims occur when a person loses his or her life because of the negligence of another. A wrongful death case can even be pursued even after a criminal case has been tried and possibly failed.
During these emotionally-charged cases, our lawyers will investigate every factor associated with your claim and gather the crucial evidence necessary to build your strongest case. We will take action against the individual or organization responsible and handle every aspect of your case so you and your family can focus on recovering from your loss.
The following criteria must exist in order to file a wrongful death lawsuit:
- The death of a person (the deceased)
- Death was caused by someone’s negligence
- The survival of family members who, as a result of the death, are suffering monetary damages
- The appointment of a personal representative for the estate of the deceased
In Georgia, only the following parties can seek compensation for “the full value of the life” of a lost loved one:
- Surviving spouse
- Surviving child (if there is no spouse)
- Surviving parents (if there is no spouse or child)
- Administrator of the deceased’s estate (if there is no spouse, child or parent)
How Much Can You Sue for in Wrongful Death Cases?
When reeling from the death of a loved one, weighing and negotiating wrongful death settlements may feel like the last thing you have energy for. Our lawyers understand the flood of emotions and obligations you’re enduring and will guide you through the legal process with compassion and dignity.
In addition to your heartfelt loss, you and your family may face a number of new financial struggles. The loss of a loved one can leave your family left without the full income and benefits you need. Our attorneys at the Law Offices of Humberto Izquierdo, Jr., PC will thoroughly investigate the details of your case and fight to help you obtain compensation for:
- Lost future income
- Lost prospect of inheritance
- Lost love and companionship
- Lost guidance
- Past medical costs
- Funeral and burial expenses
- Emotional pain and suffering
Will I Be Able To Pursue a Wrongful Death Case if the Deceased Was Partially Liable for the Accident?
Your ability to recover compensation on behalf of your deceased loved one can vary based on their actions and the negligence laws in the state where you are filing the claim. Georgia recognizes the idea of contributory negligence. That means that negligence on the part of the plaintiff, or in these cases, the deceased individual, does not automatically prevent recovery.
That said, their fault must be less than 50%. The damages will be reduced in proportion to their fault. Our attorneys can provide more information about the negligence laws in Georgia.
Who Can Recover Compensation for Another Person’s Wrongful Death?
State laws determine who can file a wrongful death lawsuit and attempt to recover damages. In Georgia, the first person who is eligible to file is the deceased’s surviving spouse. If there is no surviving spouse, then the ability to bring a lawsuit falls to the deceased’s surviving child or children.
In the absence of a surviving spouse or child, the deceased parent or parents are eligible. Finally, if there is no surviving spouse, child, or parent, it falls to the executor of the deceased individual’s estate. In that case, the damages will be held by the estate for the next of kin.
What Type of Evidence Can Be Collected During a Wrongful Death Case?
Many different pieces of evidence can have value in a wrongful death case depending on the situation. If someone dies due to a defective product, then the product itself may be used as evidence. If the death occurred due to a car accident, then witness statements, police reports, traffic camera footage, photographs from the scene, and other pieces of evidence may exist.
Our wrongful death attorneys know how to investigate these cases and obtain the documents and testimonies that may be needed to obtain a successful verdict or judgment. Call us today.
How Long Will a Wrongful Death Case Take?
Some wrongful death cases can settle in a matter of months. Others take years to resolve. The amount of time needed to reach a settlement or judgment depends on the specific circumstances. Our attorneys understand that this uncertainty can be overwhelming. That is why we take great care to communicate the progress of your case every step of the way.
What Should I Bring To Meet a Wrongful Death Lawyer?
Our wrongful death attorneys offer free case evaluations. We will advise you on what to bring to your first meeting so that you can get the most out of it. In general, it can be helpful to provide:
- A copy of the accident or police report
- Photographs of the scene of the accident or surveillance footage
- The decedent's medical records and/or a coroner’s report
- Records of financial loss such as funeral costs and lost earnings
Client Testimonial
"They know the laws and how to help you get the help you need. They have helped me tremendously."-Anna Marie Gast
Examples of Wrongful Death Cases
Negligent actions of an individual, company or corporation may be grounds for a lawful death lawsuit. Common examples of wrongful death cases involve:
- Medical malpractice
- Workplace accidents
- Defective products
- Dangerous premises
- Car accidents
- Truck accidents
What is the Wrongful Death Statute of Limitations in Georgia?
Every state has its own wrongful death stipulations. In Georgia, the statute of limitations (the amount of time in which the surviving family has to bring a claim) for a wrongful death suit is two years from the date of the deceased’s death.
In some instances, such as an automobile accident, the statute of limitations may be “tolled” pending the outcome of a criminal case. This toll cannot exceed six years.
Because of the strict nature of the statute of limitations, it is crucial to meet with our wrongful death attorneys as quickly as possible. We will explain all of your cases pertinent timelines, and ensure your case is handled properly.
Contact the Law Offices of Humberto Izquierdo Today
Discuss your case for free with our experienced wrongful death lawyers by calling 770-888-8901 today. We help families form Atlanta, Marietta and the surrounding communities of Georgia.
