Georgia Wrongful Death Lawyer

T. Madden & Associates, P.C. > Georgia Wrongful Death Lawyer

Photo of a car crash-imgExperiencing the sudden and tragic death of a loved one due to someone else’s negligence or wrongful actions can be devastating. A Georgia wrongful death lawyer can help you understand the complex legal process involved in wrongful death claims and lawsuits. 

Whether the loss stems from a car accident, medical malpractice, or another form of negligence, having experienced wrongful death attorneys by your side will help you achieve a fair settlement.

If you are facing such a heartbreaking situation, T. Madden & Associates is here to help. Our dedicated team of Georgia wrongful death attorneys offers compassionate legal representation, ensuring that you receive the support and compensation you deserve. 

For a free initial consultation, call us at 706-807-1998. Take the first step towards seeking justice for your loved one’s death today.

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T. Madden & Associates, P.C

Experienced Wrongful Death Representation in Georgia

Led by Attorney Terance Madden, who has over 20 years of experience in personal injury law, our team of knowledgable wrongful death attorneys has successfully represented Georgia families in securing the compensation they deserve. 

We handle a variety of wrongful death claims, including those resulting from:

Compassionate and Relentless Advocacy

An attorney consoling a client.At T. Madden & Associates, we approach every case with compassion and dedication, ensuring that our clients receive the support they need during this difficult time. We work tirelessly to hold negligent parties accountable and to pursue maximum compensation for damages such as medical expenses, funeral costs, loss of income, and emotional suffering.

We have a proven track record of success in handling complex wrongful death cases, whether they arise from car accidents, medical malpractice, or other forms of negligence. Our Georgia personal injury legal team is skilled in negotiating with insurance companies and, if necessary, taking your case to court to secure the justice and compensation you deserve.

Our wrongful attorneys will guide you step-by-step through the legal process, keeping you informed and empowered to make decisions that best serve your family’s interests. We are here to alleviate the burden of legal proceedings so you can focus on healing.

Why Choose Us?

  • Proven Track Record – Decades of successful wrongful death case resolutions.
  • Client-Centered Approach – We treat every family with the care and respect they deserve.
  • No Fees Unless We Win – We operate on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.

Understanding Wrongful Death Claims in Georgia

In Georgia, a wrongful death occurs when someone’s death results from another’s legal fault, whether through intentional acts or negligence. Wrongful death claims can come from various scenarios, including negligence, intentional acts, or criminal actions by another party.

Surviving family members can pursue a wrongful death claim regardless of whether criminal charges are brought against the alleged responsible party. This distinct separation ensures that families can seek justice and compensation even if the criminal justice system does not.

Common Causes of Wrongful Death in Georgia

In Georgia, wrongful death claims often arise from several common causes, each involving a tragic loss due to negligence or intentional harm:

  • Car Accidents: Negligent actions such as distracted driving, speeding, and driving under the influence significantly contribute to these fatal incidents.
  • Medical Malpractice: This includes negligence or improper medical treatment leading to the wrongful death of a patient.
  • Workplace Accidents: High-risk industries, like construction, frequently experience fatal accidents due to unsafe conditions and inadequate safety measures.
  • Criminal Acts: Serious offenses such as murder or vehicular manslaughter can result in wrongful death lawsuits.

Who Can File a Wrongful Death Claim in Georgia?

A wrongful death claim form and a gavel.In Georgia, the eligibility to file a wrongful death lawsuit is limited to specific individuals. The order of priority is as follows:

  • The deceased’s spouse
  • The children
  • The parents
  • The estate’s representative

This means that the surviving spouse has the first right to file the claim, ensuring that the immediate family is prioritized in seeking justice.

If there are no direct survivors like a spouse or children, the estate’s executor or administrator can initiate the wrongful death claim. This ensures that someone can still represent the deceased’s interests and seek compensation on behalf of the deceased’s relatives. Under Georgia law, siblings or grandparents do not have standing to file a wrongful death claim.

Legal Grounds for Filing a Wrongful Death Lawsuit

The legal grounds for filing a wrongful death lawsuit in Georgia are based on the concept of legal fault, which can include various forms of negligence or intentional acts. 

For instance, negligence such as distracted driving or speeding is a major factor in fatal car accidents. Similarly, medical malpractice claims often arise from mistakes like misdiagnosis or surgical errors.

Defective products are another common cause, and manufacturers can be held liable if their products cause fatal injuries to consumers. Premises liability incidents, such as slip and falls, or drownings, can also result in wrongful death lawsuits. In all these cases, establishing a wrongful death claim requires showing that the death was due to someone else’s wrongful conduct.

5 Steps to Take After a Loved One’s Death

After a loved one’s death, it’s important to take certain steps to protect your family’s rights and start the legal process. Here are the key steps to consider:

  1. Document the circumstances of the death by gathering evidence and witness information.
  2. Involve trusted relatives or close friends to help manage tasks when overwhelmed by grief.
  3. Protect the family’s rights by acting quickly to preserve evidence.
  4. Reach out to an experienced Georgia wrongful death lawyer for guidance on the legal process and understanding your rights.
  5. Avoid discussing the incident on social media to prevent compromising the case.

Types of Damages Recoverable in Georgia Wrongful Death Cases

Photo of a client-attorney meeting-imgIn Georgia, families who have lost a loved one due to negligence may be entitled to various forms of compensation, including:

  • Economic Damages: Medical expenses, funeral and burial costs, lost income, and benefits the deceased would have provided.
  • Non-Economic Damages: Pain and suffering, loss of companionship, and emotional distress.
  • Punitive Damages: In cases involving egregious misconduct, courts may award punitive damages to punish the responsible party and deter similar actions.

Statute of Limitations for Wrongful Death Lawsuits in Georgia

Under Georgia law, wrongful death claims must generally be filed within two years from the date of death. However, certain circumstances, such as ongoing criminal investigations or claims against government entities, may affect this timeline. 

It is crucial to consult an experienced wrongful death attorney as soon as possible to ensure your case is filed within the required timeframe.

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How Insurance Companies Handle Wrongful Death Claims

Insurance companies often try to limit payouts in wrongful death claims. They may use various tactics to minimize or deny claims, making it important for surviving family members to be aware of these strategies.

One common approach is to question the liability of their insured party, suggesting that the deceased was partially at fault, and that results in reduced compensation owed. They might also dispute the claimed damages, challenging the valuation of lost wages, medical bills, and emotional suffering.

Another tactic is offering a quick, low settlement to grieving families, hoping to resolve the claim before a thorough investigation. This often results in settlements that do not reflect the claim’s full value.

Insurance adjusters may also delay the process, creating hurdles to frustrate claimants into accepting lower settlements. This can include requesting excessive documentation or dragging out negotiations.

Given these tactics, it is essential for surviving family members to seek experienced wrongful death legal representation to ensure fair compensation and protect against insurance companies taking advantage of their grief.

Demand Justice for Your Loved One- Schedule A Free Consultation

At T. Madden & Associates, we offer free consultations to discuss wrongful death claims, making legal assistance accessible from the start. Our firm is dedicated to gathering the necessary evidence Two people, graveside, crying.and documentation to build a strong wrongful death claim. 

We understand the emotional and financial toll such a loss can take, and we are committed to providing compassionate and effective legal representation to help you through this challenging time.

Our team of experienced Georgia wrongful death lawyers will work tirelessly to ensure you receive the maximum compensation possible. Don’t navigate this difficult journey alone. Let T. Madden & Associates be your advocate in seeking justice for your loved one’s untimely death. 

Contact us today for a free initial consultation and take the first step towards achieving the resolution and peace of mind you deserve. Call us now at 706-807-1998.

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Frequently Asked Questions

Who can file a wrongful death claim in Georgia?

Under Georgia law, the surviving spouse, children, or parents of the deceased may file a wrongful death claim. If no direct family members are available, the estate’s representative may bring the claim.

How long does a wrongful death case take?

The timeline varies depending on the complexity of the case, but most wrongful death claims take several months to a few years to reach a resolution.

What if my loved one was partially at fault for their death?

Georgia follows a modified comparative negligence rule, meaning you may still recover damages as long as the deceased was less than 50% at fault. However, the compensation may be reduced based on their percentage of fault.

How much compensation can we receive?

The amount varies based on factors such as medical expenses, lost income, and emotional suffering. Our attorneys will evaluate your case to determine the maximum possible compensation.

What should I do if I suspect wrongful death?

Contact an experienced wrongful death attorney in Georgia as soon as possible. Our team at T. Madden & Associates will review your case, gather evidence, and guide you through the legal process

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T. Madden & Associates, P.C has an answer for all of your legal questions! We are a Personal Injury firm, so we handle many types of injury cases from auto collisions to wrongful death! If you or someone you know is injured, T. Madden & Associates, P.C. can help.

We are proud to offer free case reviews to anyone who may have questions before getting started. Additionally, if we do take on your case, we promise we won’t charge you a penny unless we recover compensation for your claim.
Please contact our Atlanta attorneys online or by calling 833-PAID-123 to get started today.

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Disclaimer: The use of the internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
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