Marietta Wrongful Death Attorney
If you lost a loved one due to negligence, help starts with The Champion Firm.
Over $70 Million Won.
Nothing can compensate a grieving family for the loss of a beloved relative, but holding responsible parties accountable can make all the difference in allowing a family to begin the long process of recovery If you recently lost a loved one as a result of someone else’s actions, it is critical to speak with a Marietta wrongful death attorney. The Champion Firm is here to answer your questions by phone, text, or chat. We don't charge a fee unless we win.
Why choose The Champion Firm?
We provide responsive and compassionate legal care to those grieving a wrongful death.
Losing a loved one is devastating, especially when someone else is to blame. If your spouse, parent, or child died anywhere in Georgia, the law allows you to seek compensation. Insurers may try to deny or limit how much they owe for a lost life. Let our Marietta wrongful death attorneys pursue damages on your behalf.
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The Champion Firm Difference:
We provide top-rated client care. We keep you updated on your case in a compassionate, timely way as you and your family members work through this difficult time. We fight for the compensation and justice that we would want for our family members.
We deliver exceptional results. We aggressively pursue compensation. Since 2014, The Champion Firm has recovered over $70 million dollars in settlements. If we cannot get compensation and justice for you from insurers, we can take the responsible party to court.
We handle the paperwork and all the details. You’re grieving right now. Let our team take care of the paperwork and insurance while you spend time with your family. We do all we can to protect you from additional stress and worry.
We prepare every case as if for trial. As successful personal injury lawyers, insurance companies understand that we mean business. If we cannot negotiate a fair settlement out of court, we take the at-fault party to court.
What To Do After a Wrongful Death?
Georgia’s wrongful death statute considers the “full value of life” of the decedent when measuring wrongful death damages. These damages account for what the decedent lost as opposed to what the surviving relatives lost. This includes compensation for damages such as the decedent’s expected work life earnings.
A wrongful death attorney with The Champion Firm will guide you through the insurance and legal process to ensure compensation is recovered. Here are some things to consider:
Keep information regarding your loved one's death.
Our advice is to keep everything related to your loved one's passing, including correspondence from the insurance company, hospital bills, and any photographic or documentary evidence. You can turn this over to your attorney, who can decide what could be used to support your claim.
Allow an autopsy if asked.
An autopsy answers essential questions about the decedent's cause of death, time of death, and other information. We respect that some religious beliefs prohibit autopsies, but they are part of the investigative process. You deserve justice for your loved one's death.
Take time to grieve.
It is never easy to say goodbye to a loved one. It is even more heartbreaking when their death is the result of negligence or wrongdoing. A wrongful death lawyer takes care of protecting the interests of you and your loved ones so that you don’t have to.
Call The Champion Firm for a free consultation.
The sooner you call for a free consultation, the sooner we can begin on your case. It takes time to pull together all the parts for a wrongful death case. An attorney can meet with you at our office, your home, or by phone or video call. We will treat you like family, while guiding you through the legal process during this emotionally sensitive time.
Who can bring a wrongful death claim in Georgia?
How We Find Fault in a Wrongful Death Case
When someone violates a law or regulation, they are automatically considered negligent and therefore responsible for damages. This is known as negligence per se.
A wrongful death lawyer gathers evidence of liability or wrongdoing. Whether the cause of death is medical malpractice, a violent act, or a car accident, The Champion Firm digs deep to identify all liable parties.
Common Causes of Wrongful Death in Marietta
There were 1,615 traffic fatalities in Georgia in 2020, the highest number in more than a decade. Most accidents are preventable, with drunk drivers, distracted drivers, and reckless drivers as the cause for many wrongful deaths.
Medical errors are the third leading cause of death for Americans after cancer and heart disease, according to a study by Johns Hopkins Medicine. These include incorrect diagnosis, surgical errors, birth injuries, and failure to treat.
According to the National Highway Traffic and Safety Administration, truck accidents involving 18-wheeler, semi rigs, and other large trucks killed 5,184 Georgians in 2018.
Manufacturers must make sure their products are safe before being sold or used. Still, faulty products, ranging from medication to tires, are a common factor in wrongful deaths.
How Much Is Your Wrongful Death Case Worth?
As stated, the damages for your wrongful death claim are measured from the decedent’s view point. Every case is unique and requires a different strategy. We pursue the maximum compensation possible for both you and your loved one’s estate.
- Medical expenses
- Lost income and benefits (The deceased’s potential work life earnings and overall economic value)
- Funeral and burial expenses
- The decedent’s pre-death pain & suffering
In the most egregious cases, when your loved one suffered painful injuries before their death, their estate might demand punitive damages. These extra damages are rare, but they are possible.
Who Can File a Wrongful Death Claim?
To be eligible to file a wrongful death claim on the decedent’s behalf in Georgia, you must be the decedent’s:
- Spouse
- Child
- Parents
- The administrator of the deceased person’s estate
Georgia law prohibits any other family members including siblings or grandparents from filing a wrongful death claim.
How Our Lawyers Maximize Your Compensation
We build a strong claim using evidence, documentation, and testimony that might include:
- Criminal charges
- Police reports
- Photos or videos
- Medical reports
- Physical evidence
- Eyewitness statements
We may call upon financial experts to calculate your economic losses. For example, it is not enough to take your loved one’s pay stubs and multiply them. Our lawyers consider promotions, raises, and other professional advancements that your loved one could have received. It is our goal to protect you and your family members from current and future financial burdens.
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Download Your CopyWrongful Death FAQs
If you believe your relative died because of someone else’s careless, reckless, or malicious behavior, call a wrongful death lawyer immediately. You should learn more about your legal options.
You usually have two years from the date of your loved one’s death to file a Georgia wrongful death lawsuit. Various factors can give you more or less time, which is why it’s important to talk with a lawyer right away. When someone dies the deceased’s estate also has a claim for pre-death pain and suffering, medical expenses, lost wages, and funeral expenses. The statute of limitations for the estate’s claim starts to run from the date of the negligent act, but it is tolled—that is, it stops running—from the date of death until the probate court appoints a representative of the estate.
It depends on the circumstances. If the cause of your loved one’s death is clear, such as a car crash, an autopsy might not be necessary. If there’s any doubt to what caused your loved one’s death, an autopsy may be important evidence in a wrongful death claim.
Georgia law determines how wrongful death damages are divided.If there is a spouse and no children, the spouse is entitled to the full damages. If there are children, then the damages are shared evenly between the spouse and surviving children, but the spouse gets no less than 1/3 of the damages. If there is no spouse and no children then the parents of the deceased have the claim. If there are no surviving parents, typically the estate of the deceased brings the claim, and the damages would be distributed according to a will, and if there is no will they would be distributed according to Georgia’s intestacy laws.
A survival action is the claim that a deceased’s estate has after they have died. A survival action exists, even when the death was not due to the negligence. For example, maybe a person had a car accident claim pending and then died of unrelated causes. It is called a survival action because the claim “survives” the person’s death and can be brought by the estate. A survival action, also called an estate claim, is about the injuries your loved one suffered and the compensation they should’ve received for their medical expenses, lost wages, and pain and suffering. Funeral and burial expenses are also available as damages when the person’s death was due to the negligent conduct at issue in the claim.
Possibly. It depends on a variety of factors. The survival action is for the estate. The compensation is given to the estate, not directly to surviving relatives. This compensation is then distributed along with the rest of the estate to your loved one’s beneficiaries. If there is a will, then the funds would be distributed according to the will’s instructions. If there is no will, then Georgia’s intestacy statutes would specify who gets what.
Why Work with The Champion Firm?
The Champion Firm is committed to treating you like family and helping you obtain maximum compensation as you go through this trying time. We will work on your behalf while you focus on your well-being and your loved ones. Our wrongful death lawyers take care of the many details involved in seeking compensation, from filing an insurance claim to filing a wrongful death lawsuit. We do this with compassionate service and aggressive representation.
Help Starts with a Free Consultation
A Marietta wrongful death lawyer helps you and your family deal with the financial and emotional aftermath following your loved one's demise. The Champion Firm fights for people who have lost a loved one due to reckless or unlawful behavior. Call (404) 596-8044 or fill out our online callback form for your free consultation.
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