Have You and Your Family Experienced a Loss and Need an Atlanta Lawyer?
At the Millar Law Firm, we understand that the loss of a loved one brings grief, pain, and confusion. Such feelings are compounded when a death may have been the result of another’s negligence.
You have questions. How did this happen? Should I listen to the insurance company? Can I afford a lawyer? We can help. We are here to listen, help you evaluate your options, and walk with you through the process of pursuing justice for your loved one.
Table of Contents
An Advocate for Your Family
As your advocate, we take the time to thoroughly understand the facts and circumstances of your case, collecting evidence to build a strong compelling case. We focus on getting the maximum compensation from insurance companies or other responsible parties. This has resulted in millions for families who have lost loved ones. We understand the complexities of wrongful death cases and have intimate knowledge of wrongful death laws in Georgia and the Atlanta legal system.
The Millar Law Firm has successfully resolved wrongful death claims involving:
- Motorists killed by negligent tractor trailer drivers
- Interstate highway crashes and accidents on I-85, I-75, I-20, and I-16
- Car, truck and motorcycle accident deaths
- Automobile passengers killed by negligent drivers
- Drivers killed by careless, inattentive, reckless, or drunk drivers
- Pedestrians killed by negligent drivers
- Nursing home abuse and negligence
- Construction site- and job site-related deaths
- Customers assaulted and killed due to a business owner’s failure to provide adequate security
- Police brutality, including shootings, beatings, and other types of excessive force or misconduct
Insurance companies are skilled at minimizing their financial responsibilities, so it’s important to know what they’re doing. They’ll try and find ways of reducing potential settlements or compensation by using tactics like delaying responses on claims for as long possible before settling them without providing any real help in clearing up issues with your injuries (or those who caused them). This can result from biased investigations where negligent parties’ interests take priority over yours–so you need someone fighting alongside YOU!
The Wrongful Death Claim Process
We strive to reduce as much as possible the stress of pursuing a wrongful death claim. Our compassionate legal team will be with you and your family throughout the process:
- Initial Consultation
- Investigation
- Analysis and Application of Georgia Law
- Negotiation with Insurance Company(ies)
- Advocacy on your Behalf – Including Trial
The process starts with an in-depth consultation, where we endeavor to learn all the specific facts and circumstances of your case. With this information we are able to provide the best advice and advocacy possible. This consultation is risk free and at no cost to you, regardless of whether legal action is pursued.
We take care of the next steps. We conduct our own investigation, which includes collecting the police report and all other evidence, including any reconstruction or reports from scientific experts that may be needed. We locate and interview any witnesses and connect with the negligent party’s insurance company so you don’t have to.
Applying our experience and knowledge of Georgia wrongful death and tort law, we will investigate and build the strongest possible case for you and your family.
If no reasonable settlement can be reached after negotiation, we will discuss the filing of a wrongful death lawsuit against the insurance company and other responsible parties in court. While progress may at times seem slow and be frustrating, we continue to relentlessly advocate for your rights through the entire process.
Georgia Wrongful Death Laws
Title 51 of the Official Code of Georgia Annotated deals with tort law. Wrongful death is outlined in Chapter 4 of the title. Wrongful death under homicide “includes all cases in which the death of a human being results from an act of violence (crime), from criminal or other negligent behavior, or from property which has been inadequately manufactured, whether or not as the result of negligence” (O.C.G.A. § 51-4-1). For it to be considered a wrongful death, a negligent act must be responsible for the loss of the persons life.
An example of wrongful death may include a business failing to provide proper lighting and security in a parking lot leading to an attack on a customer resulting in the customer’s death. A distracted driver striking a pedestrian, leading to that person’s death, is another example.
Georgia Statute of Limitation for Wrongful Death Lawsuits
Georgia has a two year statute of limitations on wrongful death claims. This means that you must either file a wrongful death lawsuit or settle the claim with the insurance company within two years of the negligent act or omission that caused death.
Persons Who Can Recover Compensation in a Wrongful Death Claim
Under Official Code of Georgia Annotated §51-4-2, either the surviving spouse or—if there is no surviving spouse—the children (either as an adult or as a minor through a guardian ad litem), may recover in a wrongful death action. Any money recovered shall be divided equally among the surviving spouse—if one exists—and any children. If the surviving spouse or one of the children dies during the proceeding, their share will either be dispersed equally among the other claimants in the lawsuit or—if none exist—among that person’s heirs. Children born out of wedlock may also recover in a wrongful death claim.
One frequently asked question is whether a boyfriend or girlfriend can recover for the wrongful death of a significant other? Unfortunately, in Georgia a boyfriend or girlfriend cannot usually bring a wrongful death claim or lawsuit of their significant other.
Georgia Wrongful Death Cases That The Millar Law Firm Handles:
The variety of circumstances which could result in a wrongful death is limitless. Some of the most common such situations include:
- Fatal car accidents, including those caused by drunk drivers
- Fatal car and truck accidents involving heavy trucks and commercial vehicles
- Work-related deaths
- Medical malpractice
- Death by pharmaceuticals
- Defective automobiles and products
- Criminal activity
- Accidental or negligent firearms discharge / shootings
- Dog attacks resulting in a victim’s death
How an Experienced Atlanta, Georgia Wrongful Death Lawyer Can Make a Difference for You
Protect the Future — Not only can a wrongful death claim help insulate you and your family from the financial losses of the untimely death of a loved one, but wrongful death cases help make the world a safer place by discouraging negligence.
Emotional Heartache Should Not Be Financial — The loss of a loved one is the hardest thing many people experience in life. Financial losses should not be an additional burden.
We Care — The Millar Law Firm truly cares, for we are an abiding member of and enjoy taking part in our Atlanta community. Such care involves helping individual families recover from devastating losses.
Please feel free to call The Millar Law Firm to set up your free no-risk consultation today!