If you have lost a loved one in an accident in College Park, Georgia, you may be entitled to compensation through a wrongful death claim. Contact Rafi Law Firm for a free consultation at (404) 990-4369. Our College Park wrongful death lawyers can explain your options and help you take legal action.
We are deeply committed to the families we serve and work hard to deliver meaningful results that help our clients begin moving forward. Our attorneys have over 50 years of combined experience and have recovered more than $200 million for those we represent, giving us a track record that you’ll be able to rely on.
Why Hire Rafi Law Firm for My Family’s Wrongful Death Claim in College Park, Georgia?
Losing someone close to you in a preventable accident is one of the most painful experiences a person can go through in College Park, GA. If this has happened to your family, you deserve every dollar of compensation that Georgia law makes available. Rafi Law Firm is here to help you fight for it.
A few reasons to consider hiring our College Park personal injury lawyers for your claim include:
- We’re led by one of the most successful personal injury lawyers in the state, Mike Rafi.
- We have five full decades of experience practicing personal injury and wrongful death law altogether.
- Our case outcomes for wrongful death cases include multiple recoveries in the millions of dollars.
- We’ve won awards from Super Lawyers, Atlanta Magazine, and other prominent organizations for our work.
- We won’t hesitate to take your case all the way to trial if that’s what it takes.
Reach out to our College Park wrongful death attorneys today to get started. We’re available around the clock to take your call and schedule your free consultation.
What Is Wrongful Death in Georgia?
Under Georgia law, a wrongful death occurs when a person dies as a result of someone else’s criminal act, negligence, or a defectively manufactured product. The legal foundation for these claims is found in Georgia’s wrongful death statute.
Not everyone is eligible to file a wrongful death claim in Georgia—state law sets a strict priority for who can bring a case:
- The surviving spouse of the deceased has the first right to file. If the deceased also has children, the spouse must include them in the claim and is entitled to at least one-third of any recovery.
- If the deceased did not have a living spouse, then any surviving children may file the claim.
- When there is no spouse and there are no children, the deceased’s parents have the right to pursue the case.
- If none of the above family members are living, the personal representative of the deceased’s estate may file on behalf of the next of kin.
Georgia law also recognizes survival actions, which are separate from wrongful death claims. A survival action allows the estate of the deceased to pursue compensation for the suffering that person experienced between the time of injury and the time of death. This can include things like medical costs and lost wages that built up before the person passed.
A wrongful death claim, by contrast, is designed to compensate the surviving family members for their own losses.
How Much Is My College Park Wrongful Death Claim Worth?
Putting a dollar figure on a human life is something no family should ever have to do. Unfortunately, financial damages are the only remedy that a civil court can offer. The value of your claim will depend on the specific facts of your case.
Some of the factors our legal team will look at include:
- The age of your loved one at the time of the accident
- Their income level, education, and professional training
- The type of support they provided to the family, both financial and emotional
- Whether your loved one bore any share of liability for the fatal accident
- The total amount of medical and funeral expenses your family has already paid
Wrongful death claims can result in significant compensation, but recovering the full amount often requires experienced legal representation. Contact our College Park personal injury attorneys today for a free case evaluation so we can begin assessing what your claim may be worth.
What Damages Can I Recover by Filing a Wrongful Death Claim?
Georgia law allows eligible family members to seek compensation for the “full value of the life” of a person whose death was caused by negligence or another wrongful act. This value is considered from the deceased person’s perspective and generally includes both economic and non-economic components. The economic component may account for the financial benefits the person would likely have provided over their expected lifetime.
Depending on the circumstances, these damages may include:
- Lost wages, income, and employment benefits
- The value of the household services the deceased person provided
- The deceased person’s expected future earning capacity
Georgia law does not require the deduction of the personal or necessary expenses the deceased person would have incurred if they had lived.
The non-economic component reflects the intangible value of the person’s life. It may include the loss of experiences, relationships, activities, and enjoyment that the deceased person would have had. Unlike financial losses, these damages do not have a precise dollar value and must be determined from the available evidence.
How Much Does It Cost to Hire a Wrongful Death Lawyer in College Park?
Most wrongful death lawyers in College Park work on a contingency fee basis, and our firm is no exception. That means we do not charge anything upfront, nor are there any hourly rates or flat fees to worry about. We only get paid attorney’s fees if we recover money for your family.
This arrangement does more than just remove financial risk for your family; it also means our attorneys are personally motivated to maximize the value of your case because our payment depends on the result we secure for you.
Can I Still Recover Compensation if My Loved One Is Being Blamed for the Accident in Georgia?
It is possible because Georgia follows a modified comparative negligence standard under O.C.G.A. § 51-12-33. Your family can typically still recover compensation as long as your loved one was less than 50% at fault for the accident. If so, the court will reduce your total damages by the percentage of fault assigned to the deceased.
For example, if your loved one is found to be 25% responsible and your total damages come to $1 million, your recovery would likely be reduced to $750,000. If your loved one is found to be 75% responsible, you would likely be barred from recovering anything.
The defense will almost certainly try to inflate your loved one’s share of the blame. Our wrongful death attorneys know how to push back against these arguments and protect the full value of your family’s claim.
How Long Do I Have to File a Wrongful Death Lawsuit in Georgia?
The statute of limitations in Georgia usually gives your family two years from the date of your loved one’s death to file a wrongful death lawsuit. If you do not file before that two-year window closes, the court will very likely dismiss your case, no matter how compelling the evidence may be.
However, note that there are limited exceptions that could change this deadline. It’s best to reach out to our trial attorneys for help as soon as you can so that we can ensure you take timely legal action.
Contact Our Compassionate College Park Wrongful Death Attorneys for a Free Consultation
Did you lose a family member due to someone else’s negligence or wrongful actions in College Park, Georgia? Your family may have the right to file a wrongful death claim for compensation, and you may also be able to pursue a survival action. Rafi Law Firm is here to help you through this incredibly difficult time to the best of our ability.
Contact our College Park wrongful death attorneys today to schedule your free consultation.
