GeorgiaWrongful Death Attorneys Help Clients Get Compensation for the Tragic Loss of a Loved One Due to Negligence in Atlanta or the Surrounding Area
After the sudden death of a loved one, it is natural to be overwhelmed to the point of disorientation. At the same time that you are grieving the loss of a close family member, you have a myriad of details to take care of, including tapping into life insurance and bringing a wrongful death claim against the responsible parties. An empathetic, tactful, and knowledgeable GA wrongful death lawyer can be a great resource for you and your family at a time of loss.
Was your mother, father, husband, wife, son, or daughter killed in a tragic car accident, workplace accident, or medical malpractice situation in Atlanta or a nearby area? Contact the Law Office of Nigel Phiri in Georgia to learn how our law firm can help your family right away.
First Steps After Losing a Loved One in a Wrongful Death Case Scenario in Georgia?
One of the first things that should happen after an accidental death is the “raising of the estate.” Many wrongful death lawyers point clients in the direction of a probate law firm to handle this and related matters. The Law Office of Nigel Phiri, on the other hand, takes on this duty for clients, free of charge. We take our special roles as wrongful death attorneys in Georgia very seriously. We realize that families reeling with grief and shock can benefit from the guidance and extra services that we are able to provide. Some questions may weigh heavily on surviving family members after an accidental death: “Why did this happen?” “What needs to happen next?” Our Georgia wrongful death lawyers answer these questions adeptly as we represent our clients following the tragic loss of a loved one.
What Situations May Allow for a Wrongful Death Claim in Atlanta?
Motor Vehicle Collisions:
Whether it's an accident involving a truck, a car, a bus, or a motorcycle, fatality rates are very high on the road. A wrongful death could happen due to distracted driving (especially texting), malfunctioning airbags and other auto parts, or any other dangerous behavior on the road.
Medical Malpractice:
Wrongful death can be caused by a wide variety of medical malpractice situations, including surgical errors, traumatic birth situations, misdiagnosis, errors in drug prescription, and many other reckless acts. When the negligence of a doctor who did not follow the “standard of care” caused the death of someone you love, you may be able to file a medical malpractice claim for wrongful death in Georgia.
Defective Product:
When a manufacturer fails to create a product that can perform in a safe manner, especially when releasing a product with clear flaws, wrongful death could result. This can include defective construction machinery, tools, prescription medication, airbags, and car parts, cribs, stair rails, medical devices, and much more.
Toxic Substances:
If exposure to environmental hazards such as asbestos, toxic spills, lead, or pollution of water and air led to a death, beneficiaries may be able to file a Georgia wrongful death claim.
Suicide:
It may be possible to file a wrongful death claim in GA if someone committed suicide due to the abuse or inappropriate behavior of someone else, such as someone manipulating an older person to donate organs, cyberbullying, or the negligent actions of a therapist.
Workplace Accidents:
Wrongful death suits often stem from accidents in the construction and manufacturing fields. Usually, workers' compensation covers such tragedies; however, if the death was caused by a third party/non-employer, a wrongful death suit is possible.
Eligibility for Wrongful Death Suits Due to Medical Malpractice
Not everyone who knows the deceased is allowed to file a wrongful death suit in Georgia. The claim is supposed to be filed by a specifically chosen descendant or a legally appointed personal representative of the victim's estate should the descendant be unavailable. Personal representatives file on behalf of the victim's beneficiaries, with those beneficiaries identified in a will. If no beneficiaries are specifically appointed, the clients would be the “real parties of interest,” which may include a wife or husband, children, and parents. Siblings, cousins, fiances, grandparents, best friends, etc. do not automatically qualify to file wrongful death claims under Georgia law.
Make sure to consider the statute of limitations in GA wrongful death cases. After six months, if the personal representative or appointed descendant has not filed a wrongful death claim, any other beneficiary may file the wrongful death claim. However, they must do so within two years of the death for the case to be viable.