Atlanta Wrongful Death Lawyer

When you lose a loved one due to someone else’s negligence, carelessness, or recklessness, it’s always a tragic situation. In these circumstances, you may be able to file a wrongful death lawsuit and recover compensation. We fully understand that money won’t make up for losing your loved one, but holding someone accountable is the right thing to do. As a boutique law firm, we have the unique advantage of being able to spend as much time as necessary with all of our clients. Wrongful death can occur in many different accidents including but not limited to fatal car accidents, fatal drowning accidents, truck accidents, and motorcycle accidents. Contact an Atlanta wrongful death attorney at Williams Oinonen LLC today for a consultation by filling out our online form or calling (404) 654-0288.

Recovering Compensation

When recovering compensation in a wrongful death case, the courts determine the damages based on what the victim experienced rather than what the surviving family members experienced. O.C.G.A § 51-4-2(a) stipulates that the compensation paid out will be based on the full value of the decedent’s life, as shown by the evidence. There are two parts to the value of life: economic damages and non-economic damages.

Economic Damages

The economic damages refer to how much the decedent would have earned in the course of their full life. This includes income, benefits, investments, and the value of services that the decedent would have performed in their life, such as landscaping, painting the house, preparing meals, and more.

Non-Economic Damages

The non-economic damages refer to the intangible value of the victim’s life. This generally entails the loss of activities that the decedent enjoyed doing, such as playing with their children, spending time with their partner, adopting a pet, and any other activity that the decedent enjoyed and put value on.

How Compensation Is Distributed

In Georgia, just because you bring a wrongful death suit doesn’t mean you are entitled to the full damages that are awarded. O.C.G.A § 51-4-2(d)(1) requires that monetary compensation be distributed in a specific way. If the decedent’s surviving family members include their spouse and no more than two children, the compensation is split equally among them. If the decedent had more than two children, their surviving spouse is still entitled to one-third of the compensation. The remaining portion is to be split equally among the children.

Georgia Statute of Limitations and Exceptions

Typically, surviving family members have up to two years to bring a claim for wrongful death. However, it’s important to note that there are sometimes exceptions to this rule.

If the decedent’s death was caused by a criminal act, the statute of limitations can be extended. In the case of a criminal act, the statute of limitations is paused until the crime or violation has a final disposition, or for six years from the date of the incident, whichever is shorter. At that point, the two-year statute of limitation begins.

In some cases, the statute of limitations can be less than two years. If the government caused a person’s death – for example, a car accident caused by a police officer – the deadline may be shorter. Sometimes the statute of limitations can be as little as six months. An Atlanta wrongful death lawyer can help ensure that your claim is filed in a timely manor.

An Atlanta Wrongful Death Attorney Will Help You File on Time

If you lost a loved one and believe someone should be held responsible, contact a lawyer from Williams Oinonen LLC today. The sooner you contact us, the more likely it is that we can successfully file a wrongful death claim on your behalf. We understand that you have a lot to process emotionally, but we want to ensure that you and your family receive everything you’re entitled to. Contact an Atlanta wrongful death attorney today for a consultation from a wrongful death attorney by filling out our online form or calling (404) 654-0288.