Atlanta Wrongful Death Attorneys
Grieving the Unexpected Loss of a Loved One?
When someone is killed because of the negligence or wrongdoing of another party, the victim not only loses their life, but their family is also permanently deprived of their loved one.
The overwhelming shock and emotional grief are then compounded by the financial burdens that come with a sudden loss, including the loss of income, the victim’s final medical bills, and funeral and burial expenses.
No family should ever be put in this unimaginably difficult financial position. Filing a wrongful death claim against the parties responsible cannot bring a loved one back, but it can relieve the unavoidable financial stresses that may be worsening the situation. A successful lawsuit will also help prevent the responsible parties from hurting other families in the same way.
How Cunningham Bounds Can Help
At Cunningham Bounds, we have handled hundreds of these cases and are prepared to put our over 60 years of experience to work for you. We understand how to successfully approach these cases and will make every effort to deliver the best possible outcome. Our team cares about our clients and can offer you the empathetic, personalized representation you need to get both peace of mind and justice.
Our Atlanta wrongful death lawyers have recovered billions of dollars for our clients in settlements and verdicts, including:
- $140 million verdict: Wrongful death of a patient due to medical transcription errors.
- $65 million verdict: Wrongful death due to nursing home negligence.
- $61.5 million verdict: Wrongful death of a family due to carbon monoxide poisoning.
- $50 million verdict: Wrongful death of a man caused by a water heater explosion.
- $13 million verdict: Wrongful death of a 10-year-old boy due to electrocution.
- $10 million verdict: Wrongful death of a man following surgery on his thumb.
Hear from a former client, Preston Norton, whose father was killed in a motorcycle accident:
Schedule a free initial consultation to discuss your family’s options today. Call (404) 609-1081 or contact us online.
Do I Have the Right to File a Wrongful Death Claim in Georgia?
If someone suffers fatal injuries in an accident, they will be unable to seek damages from the responsible party. In these scenarios, certain surviving loved ones of the victim have the right to bring a wrongful death lawsuit and seek damages on their behalf. Not all family members necessarily have the right to take this form of legal action, however.
In Georgia, the following parties can file a wrongful death lawsuit on behalf of the deceased victim:
- A surviving spouse
- A surviving child
- A surviving parent
If there is no surviving spouse, child, or parent, the victim’s personal representative has the right to bring a claim. An individual can choose a personal representative in their will, but if the chosen personal representative is unavailable or there is no valid will, a judge will appoint a personal representative.
Still not sure whether you are eligible to file a wrongful death claim? Our Atlanta wrongful death attorneys can assess your circumstances and advise you of your options.
Do I Have a Wrongful Death Case?
If you do have the right to bring a claim, you may be wondering if you have a strong case. To successfully recover damages, you must be able to prove that the defendant’s negligence or intentional wrongdoing led to your loved one’s fatal injuries.
A person or entity is negligent under the law if they owed a duty of care to someone and violated that duty of care. For example, all drivers owe a duty of care to everyone else on the road, so driving recklessly or while intoxicated constitutes negligence and triggers liability for any harm caused.
Another helpful way to think about the strength of a wrongful death case is to consider whether the deceased victim could have successfully filed a personal injury lawsuit against the negligent party had they survived. If so, surviving family members likely have a similarly strong case.
Damages in a Georgia Wrongful Death Case
In Georgia, the following damages can be sought in a wrongful death lawsuit:
- Full value of the life of the decedent, as shown by the evidence (O.C.G.A. § 51-4-2)
- Funeral, medical, and other necessary expenses resulting from the injury and death of the deceased person (O.C.G.A. § 51-4-5)
- Medical expenses, pain and suffering by the decedent, and other damages arising during the period between the decedent’s injury and subsequent death (O.C.G.A. § 9-2-41)
It's important to work with an experienced attorney who can help you understand your rights and fight for the full and fair compensation you deserve. While no amount of money can ever truly compensate for the loss of a loved one, holding the responsible parties accountable can provide a sense of closure and justice.
At Cunningham Bounds, our wrongful death attorneys in Atlanta can explain your rights under the Georgia Wrongful Death Act, as well as your rights to compensation through an estate claim or survival action.
Most Common Wrongful Death Cases
Losing a loved one due to someone else's negligence or misconduct is a devastating experience. At Cunningham Bounds, our wrongful death lawyers in Atlanta, GA provide compassionate and effective representation for families seeking justice for their loved ones. We understand the emotional and financial toll of losing a family member, and we are committed to helping you pursue the compensation and accountability you deserve.
Our Atlanta wrongful death attorneys can assist with cases involving:
- Car accidents remain the leading cause of wrongful death cases. The primary causes of these accidents in Georgia are driver negligence, including speeding, distracted driving, and driving under the influence. Additionally, defective vehicles can also lead to wrongful death if a malfunction contributes to an accident.
- Truck accidents are another significant cause of wrongful death due to the size and weight of commercial vehicles. These accidents often involve factors like driver fatigue, excessive hours, or faulty equipment.
- Motorcycle accidents present unique risks due to the vulnerability of riders. Factors such as driver inexperience, inadequate safety gear, and road hazards can contribute to fatal motorcycle accidents.
- Medical malpractice occurs when healthcare professionals fail to provide appropriate care, resulting in a patient's death. Common forms include misdiagnosis, prescription errors, and surgical mistakes. These errors can be preventable, and when they lead to fatal outcomes, families may pursue legal action.
- Workplace accidents are a preventable cause of wrongful death. Falls, electrocution, and being struck by objects are common hazards in various industries. Employers have a duty to maintain safe working conditions, and failing to do so can result in liability.
- Defective products can pose serious risks to consumers. If a product's design, manufacturing, or marketing is flawed and leads to a fatal accident, the manufacturer may be held responsible.
- Property hazards can also cause wrongful death. For example, unsafe premises, inadequate security, or dangerous conditions can lead to accidents resulting in fatalities.
- Pedestrian accidents are more likely to result in death due to the vulnerability of pedestrians. Driver negligence, such as distracted driving, speeding, and driving under the influence, is a common cause. In some cases, the city may be responsible if inadequate infrastructure or obstructions contribute to the accident. Additionally, pedestrian accidents can also occur due to reckless behavior by pedestrians themselves, such as crossing outside designated areas or failing to yield to oncoming traffic.
If you believe you have a wrongful death case, we encourage you to reach out to us for a confidential consultation. Our legal team will listen to your story, evaluate the circumstances of your loved one's death, and provide you with the guidance and support you need during this difficult time.
Get in Touch Today
Our team at Cunningham Bounds recognizes that your family is going through an exceptionally difficult time. We are here to help, and our goal is to get you the just compensation needed to cover the financial hardships created by the loss as well as hold the responsible party accountable.
Our Atlanta wrongful death lawyers can fight to get you the compensation you deserve. Our firm’s detail- and results-oriented approach has helped us secure substantial verdicts and settlements for many families who have lost a loved one due to negligence or wrongdoing.
You have limited time to file a wrongful death lawsuit in Georgia, so do not wait to explore your legal options. Call (404) 609-1081 or contact us online today.