Wrongful Death

Have you lost a loved one due to someone else’s negligence? Let the team at Shane Smith Law help.

Wrongful Death Attorneys

Compassionate Legal Support for Families in Grief

Losing a loved one before their time is an unthinkable scenario. The situation can become more unfathomable when the death is caused by another party’s recklessness, negligence, or intentional conduct. 

Though no amount of money can replace what you have lost, you may be able to file a wrongful death lawsuit to hold the responsible party accountable and recover damages.

At Shane Smith Law, we have the robust resources needed when seeking justice in these cases. Our wrongful death lawyers recognize you are going through a devastating time and are determined to ease the grief and financial hardship you are experiencing.

 You will not be able to take legal action if you wait too long, so do not wait to get in touch with us. We will walk you through your options and help you understand what we can do for you.

Schedule an initial consultation by calling (980) 246-2656 or contacting us online. Se habla español.

Eligibility to File a Wrongful Death Claim

Only a qualifying person can bring a wrongful death claim, and each state has specific laws governing who can file a lawsuit. In many states, immediate family members of the deceased and representatives of the deceased person’s estate have the right to file a claim. We can advise whether you have legal standing.

Proving Fault in Wrongful Death Incidents

To win a wrongful death lawsuit, the plaintiff must generally prove the defendant’s conduct resulted in the unnecessary and avoidable death of the victim. A wrongful death claim may be successful in situations where someone dies as the result of negligence, medical malpractice, or deliberate action. 

This burden of proof is the same burden of proof the victim would have had to meet had they survived. For example, if a person is killed in a car accident, the party bringing the wrongful death claim must prove the defendant acted negligently. 

Understanding the Statute of Limitations

Survivors only have a limited amount of time to bring a wrongful death lawsuit. In some states, qualifying parties may only have one year from the date of the victim’s death to start the process, but many other states allow at least two years from the date of death. 

No matter where you live, it is in your best interest to discuss your case with a legal professional as quickly as possible. If the statute of limitation expires, you will not be able to bring a wrongful death claim. 

Choose Shane Smith Law for Your Wrongful Death Case

Our firm’s practice is exclusively devoted to personal injury cases and has a track record of delivering successful results. No matter the size of the case, we always work to maximize your recovery. In addition to recovering compensation, one of our main priorities is ensuring your comfort throughout the legal process. 

You will work closely with our team from beginning to end, and we will leverage our skills, knowledge, and resources to favorably resolve your case as efficiently as possible.

Local Support for Wrongful Death Lawsuits in Atlanta

Navigating a wrongful death lawsuit in Atlanta can be particularly challenging due to the unique legal landscape and local regulations. At Shane Smith Law, we understand the specific needs and concerns of our Atlanta community. We are here to provide the compassionate and knowledgeable support you need during this difficult time.

Atlanta residents can rely on local resources such as the City of Atlanta Law Department and the Fulton County Solicitor General's Office for additional information and support. While we are not affiliated with these entities, we recognize their importance in the legal ecosystem of our city.

One of the common pain points for families in Atlanta dealing with wrongful death cases is the complexity of proving fault. Whether the incident involves a car accident on the busy streets of Midtown or medical malpractice at one of our renowned hospitals, the burden of proof remains a significant hurdle. Our team is well-versed in local traffic laws and medical standards, which can be crucial in building a strong case.

Another challenge is the statute of limitations. In Georgia, you generally have two years from the date of death to file a wrongful death lawsuit. However, this period can be shorter or longer depending on specific circumstances. It's essential to act quickly to ensure your case is filed within the legal timeframe.

At Shane Smith Law, we are committed to helping Atlanta families seek justice and financial relief. We know the local courts, the common pitfalls, and the best strategies to employ. Trust us to guide you through every step of the legal process, from initial consultation to final resolution.

Ready to Pursue Justice? Contact Our Wrongful Death Attorneys Today

Commonly Asked Questions

What is a wrongful death lawsuit?

A wrongful death lawsuit is a legal action taken when someone's death is caused by another party's recklessness, negligence, or intentional conduct. It allows the deceased's family or estate representatives to hold the responsible party accountable and seek damages for their loss. This type of lawsuit aims to provide financial relief and justice for the survivors.

Who is eligible to file a wrongful death claim?

Eligibility to file a wrongful death claim varies by state, but typically immediate family members and representatives of the deceased person's estate have the right to file. It's essential to consult with a legal professional, such as those at Shane Smith Law, to determine if you have the legal standing to bring forth a claim in your specific jurisdiction.

How is fault proven in a wrongful death case?

To prove fault in a wrongful death case, the plaintiff must demonstrate that the defendant's actions or negligence directly resulted in the victim's death. This involves establishing that the defendant had a duty of care, breached that duty, and caused harm leading to death, similar to the burden of proof required if the victim had survived.

What is the statute of limitations for filing a wrongful death lawsuit?

The statute of limitations for filing a wrongful death lawsuit varies by state. Some states may allow only one year from the date of death, while others may permit at least two years. It's crucial to act promptly and discuss your case with a legal professional to ensure you file within the appropriate timeframe.

Why should I choose Shane Smith Law for my wrongful death case?

Choosing Shane Smith Law for your wrongful death case means selecting a firm with a dedicated focus on personal injury law and a history of successful outcomes. The firm prioritizes client comfort and works diligently to maximize recovery, leveraging their skills and resources to resolve your case effectively and compassionately.

Types of Damages You Can Recover in a Wrongful Death Lawsuit

If the burden of proof is met, the court will typically seek to compensate the survivor for all losses sustained as a result of the victim’s passing. 

The plaintiff in a wrongful death case may be able to recover both economic and non-economic losses. The specific types of compensation a survivor may be able to secure will depend on the applicable state’s laws. 

Our wrongful death attorneys will fight to recover compensation for all pertinent damages, which may include:

  • Funeral and burial expenses
  • Medical expenses linked to the victim’s fatal injuries or illness 
  • Lost future income that the victim potentially would have generated
  • The victim’s pain and suffering
  • Loss of care and guidance
  • Loss of companionship
  • Loss of consortium

What Is the Role of an Attorney in a Wrongful Death Lawsuit?

Meeting the burden of proof in a wrongful death case is not always easy or straightforward. To reliably win, you must have a thorough understanding of the legal standards and court processes involved. 

You should not have to be worried about mounting a legal case when are you in the midst of mourning the loss of your loved one. Skilled wrongful death lawyers can simplify and guide you through each stage of the legal process, including completing all necessary paperwork, gathering evidence, and developing a sound legal strategy. 

An attorney may attempt to negotiate a fair monetary settlement to save you the time, trouble, and expense of going to court. Should a trial be unavoidable, a lawyer will fervently represent you in and out of the courtroom, and they will fight to secure the full value of your claim.