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DGL Attorneys At Law Wrongful Death

Atlanta Wrongful Death Lawyers

Seeking Justice for Grieving Families in the Metro Atlanta Area

At DGL Attorneys At Law, we understand that no amount of money could possibly make up for the loss of a loved one. While compensation can’t take away the tremendous grief of losing a friend or family member, pursuing justice in a wrongful death lawsuit can help victims take the first step toward healing and closure after a tragic accident. 

If you lost a loved one due to someone else’s negligence in Atlanta, our attorneys can fight to hold offending parties accountable for the unimaginable pain they’ve caused. Since 2013, our firm has been dedicated to recovering maximum compensation for families after the wrongful death of a loved one. With over a decade of experience and a proven track record of results, our trusted advocates can work relentlessly to obtain a just outcome for you and your family during this challenging time. 

If you lost a loved one due to negligence, don’t suffer in silence. Call (770) 404-8239 or contact us online to learn how our wrongful death attorneys Atlanta can help you demand justice. 

What is Wrongful Death?

A wrongful death occurs when a person dies because of another individual’s negligence, recklessness, or intentional misconduct. Common examples include fatal car accidents caused by negligent drivers, defective products, medical malpractice, unsafe premises, or criminal acts resulting in death.

When a death is “wrongful,” the law recognizes that the surviving family members may suffer severe financial, emotional, and relational losses. A wrongful death claim provides a legal avenue — separate from potential criminal charges — for the family to hold the responsible parties accountable and pursue financial recovery for the life cut short.

Wrongful deaths can occur due to a wide range of causes. 

Common scenarios leading to wrongful death lawsuits include: 

Georgia Wrongful Death Laws

Georgia law allows surviving family members to bring a wrongful death lawsuit when a death is caused by another party’s negligent, reckless, or intentional conduct. These laws are designed to protect families and recognize the “full value of the life” of the deceased.

One of the most important aspects of Georgia wrongful death law is the statute of limitations. In most cases, a wrongful death claim must be filed within two years of the date of death. There are limited exceptions that may either pause or extend this timeline, such as when a related criminal case is pending or when the deceased’s estate has not yet gone through probate.

How Our Altanta Wrongful Death Attorneys Can Help You

We can assist you:

  • Comprehensive Case Evaluation: Every wrongful death case begins with a thorough assessment of the circumstances surrounding your loved one’s death. We will review police reports, medical records, and other relevant documentation to determine the viability of your claim and identify all liable parties.
  • Gathering and Preserving Evidence: We understand the importance of securing critical evidence to strengthen your case. This could include photos of the accident scene, eyewitness testimony, expert opinions, and surveillance footage. We also work to preserve evidence before it is lost or destroyed.
  • Calculating Damages: Wrongful death cases involve complex calculations of both economic and non-economic damages. We work to ensure all potential losses, including future income, medical bills, pain and suffering, and punitive damages (if applicable), are accurately accounted for.
  • Negotiating with Insurance Companies: Insurance companies often aim to minimize payouts or deny claims altogether. We have extensive experience negotiating with insurers to secure fair settlements for our clients. If the responsible party’s insurance is insufficient, we will explore other avenues for compensation.
  • Filing a Lawsuit and Representation in Court: If a fair settlement cannot be reached, our attorneys are fully prepared to take your case to trial.
  • Providing Emotional Support: While we focus on the legal aspects of your case, we also recognize the emotional toll wrongful death cases take on families. We provide empathetic support and clear communication throughout the process, ensuring you are well informed and empowered at every stage.

To schedule a free consultation with our Atlanta wrongful death lawyers, contact us today at (770) 404-8239.

  • Record-Setting $77.5M Verdict for Medical Malpractice Case
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  • $23M Product Liability Settlement - Tire Tread Separation
  • $16.5M Verdict for Product Liability Wrongful Death Case
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  • $10M Settlement in Trucking Case
  • $9.2M Truck and Motorcycle Vehicle Accident
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  • $8.5M Settlement in Trucking Case
  • $8.5M Settlement for Negligent Security in Shopping Center
  • $8.5M Settlement for a Commercial Truck Accident
  • $8.4M Dump Truck Accident

Compensation for Wrongful Death

A wrongful death claim in Georgia seeks to recover damages for both the financial and personal losses suffered by surviving family members. Compensation generally falls into the following categories:

Economic Damages

  • These reflect the measurable financial impact of the loss, including:
  • Loss of income and future earnings the deceased would have provided
  • Loss of financial support to the family
  • Loss of benefits such as health insurance or retirement contributions
  • Medical expenses related to the final injury or illness
  • Funeral and burial expenses

Non-Economic Damages

Georgia law recognizes that a person’s life is more than just their income. Families can seek compensation for:

  • Loss of companionship and emotional support
  • Loss of care, guidance, and protection
  • Loss of enjoyment of life and shared experiences
  • The court considers what your loved one’s life was truly worth — not just financially, but personally and emotionally.

Survival Action (Estate Claim)

In addition to the wrongful death claim, the deceased person’s estate may also bring a related claim known as a survival action. This can include compensation for:

  • Pain and suffering before death
  • Medical bills incurred before passing
  • Funeral and burial expenses

In cases involving especially reckless or intentional conduct, such as drunk driving or violent acts, punitive damages may also be available through the estate’s claim.

At DGL Attorneys At Law, our goal is to pursue the maximum available compensation for your family under every applicable part of the law.

Who Can File a Wrongful Death Lawsuit?

Under Georgia law, only certain individuals are legally allowed to file a wrongful death lawsuit. The right to bring a claim typically follows this order:

  • Surviving spouse – The spouse has the primary right to file a wrongful death claim. If there are children, the spouse must also represent their interests.
  • Children – If there is no surviving spouse, the deceased person’s children may file the claim.
  • Parents – If the deceased was not married and had no children, the parents may bring the claim.
  • Estate representative – If there is no spouse, children, or parents, the personal representative (executor or administrator) of the estate may file the claim on behalf of the next of kin.

Extended family members such as siblings, grandparents, or other relatives generally cannot file a wrongful death lawsuit unless they are appointed as the legal representative of the estate.

If you are unsure whether you have the right to file, the team at DGL Attorneys At Law can review your situation and clarify your legal options.

How to Prove Negligence

To establish negligence, the following elements must be demonstrated:

  • Duty of Care: The liable party must have owed a legal duty of care to the deceased. For example, a driver is obligated to operate their vehicle safely, while a healthcare professional must provide care that meets established medical standards.
  • Breach of Duty: It must be shown that the responsible party that has violated or breached their duty of care. This could involve reckless driving, medical malpractice, defective products, or unsafe working conditions, among other examples.
  • Causation: There must be a connected link between the breach of duty and the fatal accident. This means proving that the negligent act or omission directly resulted in your loved one’s death.
  • Damages: Finally, the claim must demonstrate the tangible losses suffered by the surviving family members. These may include financial damages like lost income, medical expenses, and funeral fees, as well as non-economic losses like emotional suffering and loss of companionship.

Hear From Our Clients

    "He cares, he listens, and he gets you the best results."
    Tony Delcampo is definitely the best lawyer to have on your side.
    - Andrea F.
    "Highly recommend as they are caring people with a high level of professionalism."
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    If you want a fair settlement then this is your place. I'm beyond satisfied!
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Wrongful Death FAQs

Here are several frequently asked questions about wrongful death claims in Atlanta:

How long do I have to file a wrongful death lawsuit in Georgia?

In most cases, you have two years from the date of your loved one’s passing. Certain exceptions may apply, but waiting too long can prevent you from pursuing a claim.

Do I have a case even if criminal charges haven’t been filed?

Yes. A wrongful death claim is a civil case and is separate from any criminal prosecution. You do not need criminal charges to move forward with a civil claim.

What if my loved one was partially at fault?

Georgia follows a modified comparative negligence rule. If your loved one was less than 50% responsible, you may still recover damages, though the amount may be reduced.

How much does it cost to hire an Atlanta wrongful death lawyer?

At DGL Attorneys At Law, we typically work on a contingency fee basis. That means you pay no upfront legal fees, and we only get paid if we secure compensation for you.

What if I’m not sure who caused the death?

Our team can conduct a detailed investigation to identify the responsible parties, whether it is an individual, a company, a property owner, or another entity.

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Contact Our Atlanta Wrongful Death Lawyer Today

Losing a loved one is never easy, especially when it could have been prevented. If you’re grieving the loss of someone due to negligence, our compassionate wrongful death attorneys at DGL Attorneys At Law can fight to hold the responsible parties accountable and obtain the justice and compensation you deserve. 

Our firm has achieved extraordinary settlements for individuals and families throughout the Metro Atlanta Area, working tirelessly to secure the compensation and justice they’re rightfully entitled to. With our reputation for legal excellence and extensive knowledge of personal injury law, you can trust our seasoned attorneys to represent your best interests in and out of the courtroom.  

If your loved one suffered a wrongful death, we can help you take the first step toward justice. Call (770) 404-8239 to schedule a free consultation to get started with our Atlanta wrongful death attorneys. 

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What Sets Us Apart

Why Choose DGL Attorneys At Law?

  • Your Case Will Be Handled with Care by a Partner of Our Firm
  • We Apply All of Our Attention and Resources to Prepare Your Case
  • Attorney DelCampo Is a Current President of the Georgia State Bar
  • Attorney DelCampo Was the First Hispanic Georgia State Judge; Attorney Lopez Was the Second
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