Atlanta Wrongful Death Lawyer

Atlanta Wrongful Death Attorney

Losing a loved one is never an easy experience, but if you have lost a loved one due to the actions of another party, it is natural to have lots of important legal questions in the aftermath of such an event. An experienced Atlanta wrongful death lawyer can provide valuable guidance, helping you to determine whether you may have grounds for legal recourse against the party responsible for causing your family member’s death.

Get Legal Counsel For Wrongful Death Claims In Atlanta, GA

Stephen LaBriola has decades of professional experience representing Atlanta clients in a wide range of complex personal injury cases, including catastrophic injury claims and wrongful death suits. If you have lost a loved one due to the negligence or illegal misconduct of another party, Stephen LaBriola can help you pursue accountability and compensation for your family’s loss. The right attorney can make a tremendous difference in the outcome of a wrongful death case.

Do not assume that you can handle a wrongful death case in Atlanta without hiring an attorney, even if fault for your loved one’s death seems perfectly clear. The legal process of filing a wrongful death suit requires meeting strict filing deadlines, and you will face a wide range of unpredictable challenges as the case unfolds. You must also be prepared to show proof of the full extent of your family’s claimable damages.

Protecting Your Rights in Wrongful Death Claims

Your Atlanta wrongful death lawyer can handle your legal affairs and keep you updated on your case’s progress so you and your family can focus on your personal obligations with peace of mind. Stephen LaBriola at Fellows LaBriola LLP will ensure your case is filed correctly and on time, fully investigate the details of the fatal accident, secure all necessary evidence for proving liability, and assist you in calculating all the damages you can seek with the claim.

Ultimately, you are not only more likely to succeed with a wrongful death claim when you have legal representation but also more likely to maximize the total compensation you and your family receive if you do win the case. Stephen LaBriola approaches every civil case with the intent to win and to help the client reach the optimal outcome for their case as efficiently as possible.

Common Causes Of Wrongful Deaths In Atlanta

Before you can proceed with a wrongful death suit in Atlanta, you must determine how your loved one’s death occurred and identify the party or parties responsible for causing the fatal incident. Wrongful deaths can arise from many possible situations, including:

• Motor vehicle accidents. Every year in the state, car, truck, and motorcycle accidents are a leading cause of accidental deaths. Resolving any vehicle accident case can be challenging, and the injured party will typically begin their recovery efforts by filing a claim against the at-fault driver’s auto insurance policy. However, further legal recourse will likely be necessary when an accident results in a fatal injury.
• Workplace accidents. Thousands of people throughout the state are injured or killed while working each year. While some industries are inherently more dangerous than others, there is a risk of fatal injury in many types of work. Your family may have the ability to claim death benefits through the decedent’s employer’s workers’ compensation insurance, but a wrongful death suit will be necessary if a specific party caused the death.
• Medical malpractice. While many people trust medical professionals to provide safe and effective care, medical negligence is one of the leading causes of accidental deaths in the United States each year. If your loved one died because of any type of medical malpractice, this type of wrongful death suit will be subject to certain restrictions and additional procedural requirements that your attorney can help you understand.
• Rail and airline accidents. While not terribly common, mass transit accidents have the chance to cause catastrophic or fatal injuries to many passengers at once. This is especially true of airline accidents, and many high-profile plane crashes have made headlines in the United States recently. If you believe a mass transit company is liable for your loved one’s death, it can form the foundation of a wrongful death suit.

These are just a few examples of how wrongful deaths can occur in Atlanta, and if you believe you have grounds to file this type of civil case, it is vital to connect with a trustworthy Atlanta wrongful death lawyer as quickly as possible. Your attorney can help you determine whether you have grounds for a case and, if so, help you gather the evidence you will need to hold an at-fault party accountable for your loved one’s death.

Proving Liability For Wrongful Death In Atlanta

A wrongful death suit is a type of personal injury case, and in every personal injury case, the injured plaintiff must prove liability for their damages before they can recover compensation. Your Atlanta wrongful death lawyer can help you gather the evidence you need to prove fault for the death, and the evidence you will need will vary based on the specific details of the fatal incident.

When a wrongful death results from negligence, proving negligence requires proof that the defendant had a duty of care to the victim that they breached in some way and, in doing so, caused a fatal injury. When proving negligence, the plaintiff must also establish causation between the defendant’s negligence and their claimed losses, meaning they must prove the death resulted from the defendant’s actions and not from any other cause.

Gathering evidence in any civil claim for damages can be challenging, and the average person may not know what evidence they need or how to obtain it. It is also possible that witness testimony could be crucial for proving fault, and the plaintiff should not attempt to secure witness statements on their own to avoid any potential conflicts of interest. Your attorney can gather witness statements, and they can consult expert witnesses if necessary.

Expert witnesses are professionals with specific education and work experience that allow them to provide focused insights into the most complex details of a civil case. For example, an engineer or accident reconstruction expert may be able to explain exactly how a car accident happened. A medical professional could testify as to how a doctor or other medical professional violated the standard of care for their patient and caused a fatal injury during medical treatment.

Your Atlanta wrongful death lawyer can assist you in gathering the evidence you will need for your case. Success with the claim will require accurate identification of the party or parties who directly caused the deathand proof of how they caused the death. It is vital to meet the standard of proof to ensure success with any type of civil claim for damages.

The standard of proof in a civil case is a preponderance of the evidence, which is a less demanding standard of proof than beyond a reasonable doubt, as applies in criminal cases. Proving liability based on a preponderance of the evidence meansthe plaintiff must show that their damages more likely than not occurred because of the defendant’s actions. Your attorney can explain how to meet this standard of proof.

It is also possible for a wrongful death to result from an illegal act, such as intoxicated driving or an act of violence. In such a case, the defendant is likely to face criminal prosecution from the state, and the nature of their actions could influence the outcome of your civil wrongful death suit. For example, it is possible for the plaintiff to secure punitive damages that reflect the severity of the defendant’s actions alongside their other claimed damages.

Damages In A Wrongful Death Suit

The purpose of a personal injury claim is for the injured plaintiff to prove fault for their injury and hold the defendant accountable for the harm they have caused, securing the compensation they need to recover as much as possible from the injury. While a wrongful death suit is a type of personal injury claim, the purpose of this type of claim is for the family of the victim to be compensated for the loss of their loved one.

It is very difficult for anyone to imagine assigning monetary value to a person’s life, but your Atlanta wrongful death lawyer will know how to determine the total potential value of your claim. The plaintiff in a wrongful death suit has the right to seek compensation for economic damages, direct financial losses the defendant caused to the victim and their family, and non-economic damages, which are more subjective and difficult to assess.

Economic Damages In A Wrongful Death Suit Generally Include:

• Funeral and burial expenses for the deceased. Whoever covers these expenses after the death can expect reimbursement from the defendant once the wrongful death case concludes.
• Medical expenses for treatment of the victim’s final injury. If the deceased did not immediately die from the incident, they may have incurred medical expenses as doctors tried to save their life. It’s possible for the plaintiff to claim compensation for all medical expenses incurred because of the accident up to the time of the victim’s death.
• Lost financial support. If the deceased financially supported their family, it is possible for them to recover compensation for the income the victim can no longer provide. They may also be able to claim compensation for lost value of inheritance and other economic damages to the estate.
• Lost value of services, such as childcare and taking care of the family home. An experienced attorney will know how to accurately value these economic losses in a wrongful death suit based on the daily contributions the deceased made to their family.

It’s important to have an experienced Atlanta wrongful death lawyer carefully review the details of your situation so you can uncover all the forms of economic damages you can seek from the defendant. Non-economic damages, however, are a bit more challenging to define.

Georgia law allows the plaintiff in a personal injury case to seek financial compensation for the physical pain, emotional distress, and psychological trauma they experienced because of a defendant’s actions. The state does not enforce a statutory limit on pain and suffering compensation in civil suits with the exception of medical malpractice claims. For all other cases, plaintiffs may seek whatever amounts they believe to reasonably reflect their experiences.

Losing a family member unexpectedly takes a tremendous toll on the surviving family. It is possible for the plaintiff in a wrongful death suit to seek compensation for a surviving spouse’s loss of affection and consortium. It is also possible to claim pain and suffering on behalf of surviving children, reflecting their loss of parental guidance and companionship. Your Atlanta wrongful death lawyer can help you determine a suitable amount to seek with your claim.

Comparative Fault In Civil Suits

While proving fault is a necessary step in every personal injury suit filed in Georgia, it is vital to remember that it is possible for more than one party to share fault for a personal injury or wrongful death, and this includes the plaintiff. The state follows the modified comparative negligence rule, meaning as long as a plaintiff is less at fault than a defendant, the plaintiff can still recover compensation for their damages.

However, the fault percentage assigned to the plaintiff will be taken from the final settlement or verdict to reflect the plaintiff’s shared liability. If the facts of your case show that the deceased contributed to causing the fatal accident, the modified comparative negligence statute will apply to the case, and the case award will be reduced accordingly. Your attorney can explain what to expect if this is a concern for your wrongful death case.

Resolving Your Wrongful Death Case In Atlanta

Success with any civil claim in Atlanta requires clear proof of liability as well as documentation showing the full extent of the damages the defendant caused. A wrongful death suit must be filed on time with the court, and once the case is submitted, the defendant will have the opportunity to respond. At this point, it is possible for the case to proceed to private settlement negotiations or to litigation.

When private settlement is an option for resolving a wrongful death case, the parties involved in the case will meet privately with their respective legal representatives to discuss mutually acceptable terms for resolving the case. As long as the parties are willing to compromise, it is possible to resolve the case without the need for protracted litigation. However, the plaintiff may be settling for less compensation than they could potentially win with a trial verdict.

Litigation is a more time-consuming and demanding process, but it is possible for the plaintiff to secure a larger case award than they would have been able to privately negotiate with the defendant. However, whether the case unfolds before a judge or jury, the court will ultimately have the final say on the outcome of the case. Your Atlanta wrongful death lawyer can explain the potential benefits of drawbacks of settlement and litigation for your case.

What To Expect From Your Atlanta Wrongful Death Lawyer

Stephen LaBriola approaches every civil case with the intent to win. Your Atlanta wrongful death lawyer is your most valuable asset when it comes to maximizing your chance of success with your case, and the right attorney can help you win as efficiently as possible and with the greatest possible result. It is important to connect with a trustworthy attorney as quickly as possible so you can ensure the greatest chance of success with your wrongful death case.

Your legal representative will help you build the foundation of your claim, gathering the evidence you will need to firmly establish liability for your loved one’s death in Atlanta. A fatal car accident case may require traffic camera footage and eyewitness testimony. A medical malpractice claim for wrongful death will require proving the defendant violated their patient’s standard of care. The evidence you will need will vary based on the specific details of the case.

Once you have gathered the evidence needed to prove liability for your loved one’s death, your Atlanta wrongful death lawyer can assist you in calculating the full range of damages you are legally eligible to claim from the defendant. You may be surprised to discover that you have the right to claim far more compensation than you may have initially anticipated, and Stephen LaBriola enters every case with the goal of maximizing the client’s recovery.

There are potential drawbacks and possible benefits to both settlement and litigation when it comes to a personal injury case in Georgia. Your attorney can help you develop a cohesive strategy that aims to maximize the results of your claim as efficiently as possible. Stephen LaBriola can guide you toward a swift settlement if possible or represent you in courtroom proceedings if necessary.

The right attorney on your side offers several vital benefits that will make handling your wrongful death claim much easier, and you will be more likely to reach a positive conclusion to your case with their help. You have a limited time in which to file the case, and the evidence you may need to establish fault may not be accessible for long. It’s important that you connect with an Atlanta wrongful death lawyer as quickly as possible to start building your case.

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Contact Us and Get Help with Your Wrongful Death Claim

Stephen LaBriola has years of professional experience resolving complex catastrophic injury claims and wrongful death claims for clients in Atlanta and surrounding communities. You will have a dedicated legal advocate ready to address your concerns as your case unfolds. Contact Stephen LaBriola today to schedule a free consultation with an Atlanta wrongful death lawyer and learn what the right attorney can do for your case.