Atlanta Wrongful Death Attorney
At The Forsythe Law Firm, we regularly work with personal injury victims who have suffered serious and catastrophic injuries in car, truck and motorcycle accidents, workplace and construction accidents, nursing home abuse or neglect, and countless other causes. In the most tragic instances, we are called upon by families who have lost a loved one in a fatal accident caused by another party’s negligence. Losing a loved one suddenly and unexpectedly can turn the whole family’s lives upside down and create severe financial hardship. The fact that the death was avoidable and could have been prevented only adds to the pain, difficulty, and at times anger and outrage against the responsible party.
The Forsythe Law Firm, LLC, helps families recover for the loss of a beloved family member by bringing what are called wrongful death actions against the liable party or parties. Georgia law allows such claims after any death caused by another’s negligence or even an intentional, criminal act. Through these claims, we help families get the financial assistance they need to deal with the loss of a family member while also making sure the responsible party is held accountable for their actions. No amount of money can fully compensate for such a loss, but a wrongful death settlement or verdict can provide real help as well as deliver some measure of justice for the family and the individual whose life was cut short by another.
If you have lost a loved one due to another’s negligence or criminal act in Atlanta or surrounding areas, please call The Forsythe Law Firm to discuss your potential claims with an experienced and dedicated Atlanta wrongful death attorney.
Recovering for the Wrongful Death of a Family Member
Georgia law recognizes the rights of a surviving spouse and children of the deceased to bring a wrongful death action. If the deceased left behind a spouse and children, they all share equally in whatever amount is recovered against the negligent party, except that the spouse is guaranteed one-third of the recovery, regardless of how many children there are. If the deceased did not leave a spouse or children, then the parents can bring a wrongful death claim. Otherwise, the personal representative of the deceased’s estate can bring a claim, and the proceeds of any recovery will be distributed according to the terms of the deceased’s will or Georgia probate law if the individual did not have a will.
To be successful in a wrongful death claim, the plaintiff (family members or estate representative) will have to prove that the other party caused the death either by their intentional or negligent act. Often the insurance company will argue that their insured is not responsible for the death, or they will argue over the appropriate amount of compensation due. With over a decade of experience litigating insurance claims in Atlanta, including settling claims outside of court and trying cases in court all the way to a jury verdict, attorney Christine Forsythe knows what it takes to hold the other party liable for the damage they have caused. If you put your claim in our hands, you can rest assured we will dedicate ourselves to obtaining a positive result that can help you get closure and move forward in your life after this tragedy.
The “Full Value of the Life of the Decedent”
Georgia’s wrongful death statute allows recovery for “the full value of the life of the decedent, as shown by the evidence.” In addition to proving the wrongdoer’s liability, we work just as hard to build a strong, evidence-based case that demonstrates the damages caused by the wrongful death. In helping an insurance company, judge or jury understand the value of the life that was taken away, we’ll present evidence in many different areas, including:
- Financial – The value of the income and benefits the deceased would have earned over their lifetime had their life not been unexpectedly cut short
- Services – The value of the deceased’s contributions to the home as a manager of the household, caregiver to the children or elder adults, and as a valuable member of the family and community
- Emotional – The value of the love, support, caring and companionship that has been lost
Georgia’s wrongful death law also allows the estate’s personal representative to bring an action on behalf of the estate to recover costs to the estate incurred by the wrongful death, such as funeral and burial expenses, and doctor and hospital bills. Additionally, the representative can recover damages reflective of the pain and suffering that may have been experienced by the decedent prior to passing. This recovery is added to the estate and distributed to the heirs of the deceased accordingly.
Contact The Forsythe Law Firm Today
For skilled, compassionate and zealous advocacy after the loss of a loved one due to another’s negligence in Atlanta or surrounding areas, contact The Forsythe Law Firm for a no-cost, confidential consultation with an experienced and dedicated Atlanta wrongful death lawyer.