10 Common Myths About Wrongful Death Cases In Atlanta

It is a very difficult time when you lose a loved one. The grieving process is often made even more complicated when the death was preventable and caused by someone else’s negligence. If this has happened to you, you may be considering filing a wrongful death claim in Atlanta, Georgia.

What Is A Wrongful Death Claim?

A wrongful death claim is a civil lawsuit that may be filed when someone dies due to the negligence or misconduct of another person or entity. The suit is brought by the surviving family members of the deceased against the person or entity responsible for their loved one’s death.

In Georgia, the surviving spouse, children, and parents of the deceased may file a wrongful death claim. If there are no immediate family members, other relatives may be able to file. An experienced Atlanta personal injury attorney can help you determine if you have a valid claim and who is eligible to file.

Before taking any legal action, it is important that you understand the common myths about these types of cases.

Myth #1. Only Immediate Family Can File a Wrongful Death Claim

In Georgia, the law states that the surviving spouse, child, or parent of the deceased can file a wrongful death claim. This also includes any blood relatives or adoptive siblings who were financially dependent on the deceased.

Myth #2. You Must File a Claim Within Two Years of the Death

In most cases, you have up to two years from the date of death to file a wrongful death claim in Atlanta. However, there are some exceptions to this rule. If the death was caused by medical malpractice, you may only have one year to file a claim. If the death was caused by a defective product, you may have up to four years to file.

Myth #3. You Can Only Recover Damages if the Deceased Was Earning an Income

While it is true that loss of income is one type of damage that can be recovered in a wrongful death claim, it is not the only type. You may also be able to recover damages for the loss of companionship, love, and support.

Myth #4. The deceased Must Have Been Killed Instantly

It is not necessary for the deceased to have been killed instantly in order to file a wrongful death claim. If the death was caused by someone’s negligence, you may still have a case, even if the death occurred days or weeks after the initial injury.

Myth #5. You Cannot File a Claim if the Deceased Was Partially at Fault

Even if the deceased was partially at fault for their own death, you may still be able to file a claim against the other party who was also at fault. Georgia uses a comparative negligence standard, which means that damages will be awarded based on each party’s degree of fault.

Myth #6. Only Certain Types of Deaths Can Be Considered “Wrongful”

In order to file a successful wrongful death claim in Atlanta, it is not necessary for the death to have been caused by an intentional act. It can also be caused by someone’s negligence, such as drunk driving or texting while driving.

Myth #7. You Do Not Need an Attorney to File a Claim

While you are not required to have an attorney to file a wrongful death claim, it is highly recommended. These cases can be complex, and an experienced attorney will be able to navigate the legal system on your behalf and ensure that you receive the compensation you deserve.

Myth #8. The Insurance Company Will Settle Out of Court

Insurance companies are not always willing to settle out of court, even if it is in their best interest to do so. An experienced attorney will be familiar with insurance company tactics and will be able to negotiate on your behalf to help you obtain the settlement you deserve.

Myth #9. You Will Have to Pay Your Attorney’s Fees If You Lose the Case

Most personal injury attorneys work on a contingency fee basis, which means that you will only have to pay if you win your case. If you do not win, you will not owe the attorney anything.

Myth #10. Filing a Claim Will Be an Emotional Process

While it is true that reliving the events leading up to your loved one’s death can be emotional, you do not have to go through the process alone. An experienced attorney will be there to guide you and answer any questions you may have along the way.

If you have lost a loved one due to someone else’s negligence, contact an experienced wrongful death attorney in Atlanta like The Mabra Law Firm today to discuss your legal options.

The Process Of Filing A Wrongful Death Case

The process of filing a wrongful death case can be complicated, and it is important to have an experienced attorney on your side. The first step is to file a petition with the court, which will require you to provide certain information about the deceased and the circumstances leading up to their death. Once the petition has been filed, the court will appoint a personal representative for the estate. This person will be responsible for overseeing the case and ensuring that all deadlines are met.

The next step is to file a claim with the at-fault party’s insurance company. The insurance company will then have an opportunity to investigate the claim and determine whether or not they are liable for the death. If they deny liability, you may need to file a lawsuit.

If you are successful in your claim, you may be entitled to damages such as medical expenses, funeral and burial costs, lost wages, and pain and suffering. You may also be able to recover punitive damages if the at-fault party’s actions were particularly egregious.

Contact an Experienced Wrongful Death Attorney in Atlanta Today

If you have lost a loved one due to someone else’s negligence, contact an experienced wrongful death lawyer in Atlanta today to discuss your legal options. The attorneys at The Mabra Law Firm of Atlanta have extensive experience handling these types of cases, and they will fight to get you the compensation you deserve.

The Mabra Law Firm in Atlanta, GA is a wrongful death law firm in Atlanta, Georgia. Our team of attorneys has assisted our clients in obtaining the compensation they deserve for wrongful death-related cases. If you have been injured in an accident, The Mabra Law Firm can help. Whether your injury occurred in a car accident, truck accident, or at work, we have the experience and success rate you need. Contact us today for a free consultation to see if you have a case.