Lost a Loved one in an Accident in Georgia or Alabama?
Get Help From an Atlanta Wrongful Death Attorney
Nothing is more gut-wrenching or heartbreaking than losing a family member in a preventable accident. Unfortunately, it is trauma that far too many Georgia or Alabama families have been forced to go through. Only the survivors of those lost in fatal accidents can truly understand the far-reaching impact of such devastating events. Those left behind are shaken, angry, and devastated. Beyond the severe emotional loss, survivors are often also left dealing with many challenging, yet unanswered, questions:
- How will I cover medical and funeral expenses?
- Will I be able to support my family on a single income?
- How will I manage to make the mortgage payments?
While nothing can make up for losing a loved one, survivors of the victim need compensation to be able to support themselves and provide for their family. The Atlanta wrongful death attorneys at Apolinsky & Associates, LLC have several years of experience identifying their client’s needs and can readily assist you in finding answers for you. If you lost a loved one in a fatal accident in Georgia, please do not hesitate to seek assistance from our compassionate Atlanta wrongful death lawyers. We are skilled in assisting families in times of crisis.
Lawsuits for Wrongful Death Attorneys in Atlanta
The attorneys at Apolinsky & Associates, LLC are experienced in representing you in wrongful death actions such as personal injury, motor vehicle accidents, medical malpractice and premises liability or negligent security. If you lost a loved one and you believe that their death was caused, at least in part, by the recklessness or carelessness of another party, you need to take action. No matter the specific facts of your case, our legal team can help to protect your rights and interests. Stephen D. Apolinsky has over 30 years of experience handling wrongful death cases and he has a track record of success. A few examples of recent Georgia wrongful death cases that our law firm has handled include:
- $5,000,000.00 for the family of a person who dies in an office building;
- $2,000,000.00 for the family whose child was murdered in an apartment complex and,
- $1,025,000.00 for another family whose loved one was killed in an apartment complex
Achieving Closure in Wrongful Death Cases
No amount of money can ever compensate for the death of a loved one. A tremendous source of relief and closure can come from having responsible parties held accountable. Recovery of monetary damages can also help stabilize an uncertain and drastically altered financial future.
What You Need to Know About Georgia’s Wrongful Death Statute
As a general rule, wrongful death lawsuits must be brought under state laws. If your family member was killed in an accident in Atlanta, you will need to bring a legal claim under the Georgia wrongful death statute. This is a very complex law. Unfortunately, many families do not know what rights they have under the law or how to navigate the personal injury claims process.
At Apolinsky & Associates we are committed to providing support for victims and their families. Here, our dedicated wrongful death team provides answers to the four questions we often get about Georgia wrongful death claims.
Which Parties Can Bring a Wrongful Death Claim in Georgia?
Sadly, not all loved ones of the victim will have the right to bring a wrongful death lawsuit under Georgia law. The state of Georgia only allows immediate family members or someone who is appointed as the representative of the estate to bring such a legal claim. Additionally, the state’s legal code has set up a clear order of rights in such cases. In general, the person who may pursue a Georgia wrongful death lawsuit is as follows:
- The spouse of the victim;
- The children of the victim may bring the wrongful death claim;
- The parents of the victim have the next right to bring a legal case; and,
- Finally, if none of the parties listed above can or will bring a legal claim on behalf of the victim, then the estate of the victim has the right to file a Georgia wrongful death lawsuit.
The real party in interest is a complicated area of the law and you are strongly advised to confer with a lawyer to better understand who may bring a claim under your circumstances.
How Long Do the Victim’s Family Members Have to File a Legal Claim?
If your family member was killed in an accident in Atlanta, Georgia, you should take immediate action. Under Georgia state law, you will only have a limited amount of time to file your wrongful death lawsuit. The best thing you can do to protect the rights and interests of yourself and your family is to consult with a top-rated Atlanta wrongful death lawyer such as Stephen D. Apolinsky as soon as possible after the accident. With our firm, there is no charge for a consultation.
How Can I Prove Liability Under Georgia Law?
Under Georgia law, liability in a wrongful death case is based on ‘fault’. You cannot hold another party liable for your loved one’s death, unless you can prove negligence. How exactly this will be done will always depend on the specific circumstances of the case at hand. Your family should work with an Atlanta wrongful death lawyer who has the skills and relevant experience to handle claims similar to your own.
For example, if your family member was killed by a speeding truck driver, your family will want to work with a lawyer who has previous experience handling commercial truck accident cases. Likewise, if your loved one was killed due, in part, to the negligent security at an apartment complex, your family will want to work with an Atlanta wrongful death attorney who has experience handling complex premises liability claims.
What Types of Recovery Are Available in Wrongful Death Lawsuits?
Family members of the victim are entitled to recover financial compensation for their losses. In a wrongful death case, determining exactly how much compensation is available can be deeply challenging. Family members suffer tremendous intangible damages, such as emotional distress and loss of companionship.
These losses are hard to put a precise value on. Unfortunately, big businesses and big insurance companies attempt to take advantage of this confusion and will undervalue wrongful death claims. Your family needs to work with a legal team that can hold the negligent parties accountable for their misconduct. In general, the Atlanta wrongful death attorneys at Apolinsky and Associates may be able to recover wrongful death damages that may include:
- Full value of the life of the decedent
- Medical expenses;
- Funeral expenses;
- Lost wages and future earnings;
- Lost benefits and lost inheritance;
- Pain and suffering;
- Mental anguish; and
- Loss of support or companionship.
Getting Help from an Atlanta Wrongful Death Attorney
We know that nothing can bring your family member back. Our legal team also understands that you need to seek justice for your loved one and that you need to be able to financially support your family through this difficult time. If you lost a loved one in a fatal accident in Georgia, our compassionate Atlanta wrongful death attorneys are standing by, ready to provide you with high quality legal support. To get schedule a free legal consultation with our a Georgia wrongful death attorney today, please contact Apolinsky & Associates, LLC today.