Wrongful Death Attorneys

Compassionate Wrongful Death Attorneys in Atlanta

Losing a loved one is always devastating, but when that loss is caused by someone else's negligence, recklessness, or intentional wrongdoing, the grief is compounded by a profound sense of injustice. No amount of money can replace the person you have lost, but a wrongful death claim can provide the financial security your family needs to move forward and hold the responsible parties accountable for their actions.

The wrongful death attorneys at Sanabria Law in Atlanta approach every case with the compassion and sensitivity that grieving families deserve, combined with the aggressive legal strategy necessary to achieve meaningful results. We handle every detail of the legal process so that you can focus on your family during the most difficult time of your lives.

Georgia's Wrongful Death Act: Understanding Your Rights

Georgia's Wrongful Death Act, codified in Georgia Statutes Sections 768.16 through 768.26, provides the legal framework for families to seek compensation when a loved one dies due to another party's wrongful act, negligence, default, or breach of contract or warranty. The Act defines who may bring a claim, who qualifies as a survivor, and what types of damages are recoverable.

The Personal Representative Requirement

Under Georgia law, only the personal representative of the deceased person's estate may file a wrongful death lawsuit. The personal representative acts on behalf of the estate and all surviving family members who qualify as beneficiaries. If the deceased named a personal representative in their will, that person typically serves in this role. If no personal representative was designated, the court will appoint one. Our attorneys can help guide you through the appointment process and ensure that your family's legal rights are protected from the outset.

Who Qualifies as a Survivor

Under the Georgia Wrongful Death Act, the following individuals are recognized as survivors who may be entitled to damages:

• The surviving spouse of the deceased
• Minor children of the deceased (including adopted children)
• Parents of the deceased (each parent may recover for mental pain and suffering if the deceased was a minor child)
• Adult children of the deceased who had no surviving spouse at the time of death
• Any blood relative or adoptive sibling who was partly or wholly dependent on the deceased for support or services

Damages Available in Georgia Wrongful Death Cases

The damages recoverable in a wrongful death claim depend on the relationship between the survivor and the deceased. Georgia law permits recovery of both economic and non-economic damages.

Damages for the Estate

• Loss of the deceased's prospective net accumulations (earnings and benefits the deceased would have accumulated over their lifetime beyond what they would have spent on personal expenses)
• Medical and funeral expenses incurred as a result of the injury and death

Damages for Individual Survivors

• Surviving spouse: Loss of companionship, protection, and support; mental pain and suffering from the date of injury
• Minor children: Loss of parental companionship, instruction, and guidance; mental pain and suffering
• Parents (of minor children): Mental pain and suffering from the date of injury
• Adult children (when no surviving spouse): Mental pain and suffering
• All survivors: Loss of support and services from the date of the decedent's injury

Types of Wrongful Death Cases We Handle

Wrongful death can result from many different types of incidents. Our Atlanta wrongful death attorneys have experience representing families in cases involving:

• Auto accidents -- including drunk driving, distracted driving, and speeding fatalities
• Commercial trucking accidents -- where corporate negligence and federal regulation violations contribute to fatal crashes
• Medical malpractice -- surgical errors, misdiagnosis, medication errors, and hospital negligence that result in death
• Workplace accidents -- construction site fatalities, industrial accidents, and exposure to hazardous materials
• Premises liability -- fatal falls, drownings, and other deaths caused by dangerous property conditions
• Defective products -- consumer products, vehicles, medical devices, and pharmaceutical drugs that cause fatal injuries
• Nursing home abuse and neglect -- deaths resulting from inadequate care, medication errors, falls, or physical abuse in long-term care facilities

The Statute of Limitations for Wrongful Death in Georgia

Georgia imposes a two-year statute of limitations on wrongful death claims, meaning the personal representative must file the lawsuit within two years of the date of the deceased's death. There are limited exceptions that may extend this deadline, but relying on exceptions is risky. Missing the filing deadline typically means losing the right to pursue compensation entirely. We strongly encourage families to consult with an attorney as soon as possible to ensure all legal deadlines are met and critical evidence is preserved.

How Sanabria Law Can Help Your Family

At Sanabria Law, we recognize that no legal outcome can undo the loss your family has suffered. What we can do is fight to ensure that the person or entity responsible is held fully accountable and that your family receives the financial resources needed to cope with the economic consequences of your loss. From appointing a personal representative to investigating the circumstances of the death, negotiating with insurance companies, and taking the case to trial if necessary, we handle every aspect of the process. Our firm has recovered over $55 million for clients across Metro Atlanta, and we are ready to put that experience to work for your family. Contact us today for a free, confidential consultation.