Atlanta Wrongful Death Attorneys
The experienced Atlanta wrongful death attorneys at Montlick and Associates understand the emotional anguish and intense feelings of grief that accompany losing a parent, child or spouse. This sense of loss can be even more difficult to cope with when the loss is the result of a negligent, reckless or intentional act, such as a sudden unanticipated motor vehicle accident or violent firearm injury during a criminal attack. When you lose an immediate family member, it may mean the loss of parental guidance, love and companionship of a spouse and financial support.
Insurance providers or employers of those who cause wrongful death in Atlanta will typically begin investigating immediately to formulate evidence and a strategy to avoid liability. The employer and insurance company will go to great lengths to prevent paying the substantial damages that may be pursued in an Atlanta wrongful death action. Many families that lose someone they love to the careless or intentional misconduct of a third party are paralyzed with grief. However, there are pragmatic matters that must be dealt with promptly to avoid adversely affecting your wrongful death claim, which may provide the financial means to cope with the loss of financial support.
An Atlanta wrongful death attorney at Montlick and Associates may be able to conduct an investigation so that critical evidence is preserved. When you retain a knowledgeable wrongful death attorney at Montlick and Associates, the attorney may be able guide you through the legal and procedural obstacles involved in pursuing an Atlanta personal injury claim. Many times insurance companies will attempt to blame the injury victim whose death has denied the victim a voice or his or her own. Our Atlanta wrongful death law firm has been providing a voice of justice and fairness to wrongful death victims for almost three decades.
Comprehensive Representation in Atlanta Wrongful Death Actions
There are many types of conduct that may be the basis for a wrongful death action ranging from ordinary carelessness to more malicious acts like violent crimes. If the conduct that causes the death of your loved one is reckless or intentional, it may even create a basis for punitive damages. The function of punitive damages is to punish particularly egregious and offensive conduct and create a deterrent to such wrongful conduct in the future. Some of the types of accidents or wrongful conduct that may be the basis for an Atlanta wrongful death action include the following:
- Tractor-trailer accidents (collisions involving commercial trucks)
- Construction accidents
- Passenger vehicle accidents
- Distracted driver collisions
- Bus crashes
- Motor vehicle pedestrian collisions
- Rollover crashes
- Motorcycle crashes
- Hazardous or defective products
- Slip, trip and falls
- Pedestrian accidents
- Drunk driving accidents
- Bicycle collisions
- Nursing home abuse and neglect
- Medical malpractice
- Drowning accidents (pool and spa entrapment)
- Heavy machinery accidents
- Defective pharmaceuticals
- Hit and run accidents
While this list is hardly complete, it provides an overview of the wide range of types of accidents and unsafe conduct that may cause a wrongful death in Atlanta. Our Atlanta wrongful death law firm is dedicated to personalized attention and effective legal counsel through the entire legal process of pursuing a wrongful death claim. Our Atlanta wrongful death law firm is committed to assisting surviving family members in obtaining a more secure future while holding wrongdoers accountable for their negligent or intentional acts.
Understanding Compensation for Legal Claims in an Atlanta Wrongful Death Action
The Georgia wrongful death statute limits the parties that may pursue a wrongful death action. When the wrongful death victim is an adult, the spouse and children of the decedent usually will have the right to bring a wrongful death action. The law requires that any recovery in a wrongful death claim by a spouse be shared with the decedent’s children. The spouse of a wrongful death victim is entitled to one-third of the settlement or judgment regardless of the number of children of the decedent. When parents lose their child to the negligent, reckless or intentional conduct of a third party, the parents will typically have the right to bring a wrongful death claim. When a person dies with no surviving spouse, children or parent, the decedent’s estate has the right to seek recovery in a wrongful death claim.
There are two types of legal causes of action that usually make up a wrongful death action. These are called respectively a wrongful death cause of action and survival cause of action. The purpose of a wrongful death claim is to compensate surviving family members for their own damages resulting from the death of a loved one. Some of the types of damages for which you may seek compensation may include loss of guidance, financial support, emotional distress, companionship of a spouse and burial and/or burial costs and other types of loss suffered by family members entitled to bring the claim.
By contrast, a survival cause of action is designed to provide monetary recovery that would have been available to the wrongful death victim had the victim survived. In other words, the legal claim for personal injury damages “survives” an accident victim’s death. Financial recovery in a survival actions include pre-death pain and suffering, impaired quality of life prior to death as well as more tangible damages including medical expenses and lost wages.
Representing Atlanta Families Following a Tragic Loss
Our Atlanta wrongful death attorneys at Montlick and Associates have been providing effective legal representation to families who lose someone prematurely because of the wrongful conduct of third parties since our law firm was founded in 1984. Our Atlanta wrongful death law firm is firmly committed to seeking financial compensation to assist families with the financial hardships resulting from the loss of a beloved family member. We represent our clients with empathy, compassion and diligence.
Know your legal rights! If someone you love has suffered wrongful death, our experienced Atlanta wrongful death attorneys at Montlick and Associates are committed to seeking the best possible outcome for our clients. We encourage you to schedule a free consultation because there is absolutely no obligation for us to evaluate your Atlanta wrongful death case. No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.