Atlanta Wrongful Death Lawyers

Seeking Justice for Grieving Families in the Metro Atlanta Area

At DGL Attorneys At Law, we understand that no amount of money could possibly make up for the loss of a loved one. While compensation can’t take away the tremendous grief of losing a friend or family member, pursuing justice in a wrongful death lawsuit can help victims take the first step toward healing and closure after a tragic accident. 

If you lost a loved one due to someone else’s negligence in Atlanta, our attorneys can fight to hold offending parties accountable for the unimaginable pain they’ve caused. Since 2013, our firm has been dedicated to recovering maximum compensation for families after the wrongful death of a loved one. With over a decade of experience and a proven track record of results, our trusted advocates can work relentlessly to obtain a just outcome for you and your family during this challenging time. 

If you lost a loved one due to negligence, don’t suffer in silence. Contact us online to learn how our wrongful death attorneys Atlanta can help you demand justice. 

What Constitutes “Wrongful Death” in Georgia? 

Under Georgia Code § 15-4-1, a wrongful death occurs “in all cases in which the death of a human being results form a crime, from criminal or other negligence, or from property which has been defectively manufactured, whether or not as the result of negligence.” In other words, a wrongful death is any death caused by the action or negligence of another party. 

Common Causes of Wrongful Death

Wrongful deaths can occur due to a wide range of causes. 

Common scenarios leading to wrongful death lawsuits include: 

• Assault
• Medical malpractice 
• Automobile accidents 
• Workplace accidents 
• Defective products
• Accidents involving premises liability, such as negligent security and slip-and-fall accidents

Who Can File a Wrongful Death Claim?

Under Georgia Code § 51-4-2, wrongful death claims can only be filed by certain parties. 

These include:  

• The surviving spouse: The deceased person’s spouse has the primary right to file a wrongful death claim. They may also represent any minor children of the deceased in the claim.
• The children of the deceased: If there is no surviving spouse, the children of the deceased may file a wrongful death claim. This applies to both minors and adult children.
• The parents of the deceased: In the absence of a surviving spouse and children, the deceased person’s parents are next in line to file a wrongful death lawsuit.
• The personal representative of the estate: If none of the above parties exist or are unable to bring the claim, the personal representative of the deceased’s estate can file the wrongful death lawsuit. Any compensation awarded will go to the estate for distribution according to the deceased person’s will or state intestacy laws.

How to Prove Negligence

To establish negligence, the following elements must be demonstrated:

• Duty of Care: The liable party must have owed a legal duty of care to the deceased. For example, a driver is obligated to operate their vehicle safely, while a healthcare professional must provide care that meets established medical standards.
• Breach of Duty: It must be shown that the responsible party that has violated or breached their duty of care. This could involve reckless driving, medical malpractice, defective products, or unsafe working conditions, among other examples.
• Causation: There must be a connected link between the breach of duty and the fatal accident. This means proving that the negligent act or omission directly resulted in your loved one’s death.
• Damages: Finally, the claim must demonstrate the tangible losses suffered by the surviving family members. These may include financial damages like lost income, medical expenses, and funeral fees, as well as non-economic losses like emotional suffering and loss of companionship.