Last Updated on December 8, 2020 by Theodore Spaulding

Experienced Wrongful Death Lawyers

Attorneys Theodore Spaulding and Jeremy Hayes are 2 lawyers that work diligently while your family grieves.
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Our clients get the results they need and often leave honest reviews about the positive experience they had working with a lawyer from our award-winning law firm.
We provide aggressive representation to our clients, which is why we have earned 5.0/5.0 stars – based on 30 reviews, placing us among the best law firms in Atlanta.

Losing a loved one is a traumatic experience, especially if you find out your loved one was killed because of the negligent acts of a careless individual. Fortunately, you may be able to pursue legal action against the at-fault party and hold him responsible for the pain and suffering that he has caused.

Wrongful death can be caused by a number of events, including car accidents, truck accidents, slip and falls, and medical malpractice. If you have lost a loved one, talk to an attorney to see if you have the right to file a wrongful death claim.

Let one of our wrongful death attorneys review your case now by scheduling a free case evaluation. Our phone number is 770-744-0890, or you can get in touch with us by filling out the contact form on our website.

Below are some FAQs about wrongful death lawsuits in Atlanta:

“Ted Spaulding has been amazing for me so far. I cannot say enough about how helpful he has been. Thank God for his knowledge on things that he has taken care of. Wouldn’t have known without him. He has no problem going above and beyond in helping with any problems I have faced so far. All I have to do is contact him and it’s taken care of ASAP. He has no problem staying in touch with me. I am glad he was recommended to me and I will definitely recommend him to others.”

- Ralph Jackson

“Worked with Jeremy Hayes on 2 separate cases involving family members and I couldn’t be happier with either case. He did a wonderful job explaining everything up front and was very fair, thorough and tenacious when he had to be. Fantastic job Jeremy and Spaulding Injury Law!”

- Kellie Aucoin, Alpharetta, GA

“Ted Spaulding is an amazing attorney! He is very professional and trustworthy. He listened to my concerns and guided me in the right direction. I was very happy with the outcome of my case. I highly recommend Ted Spaulding for any personal injury case. He is the best!”

- Connie Ledford, Alpharetta, GA

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Survival Actions vs. Wrongful Death Claims – What Is The Difference?

There are two separate claims that you should talk to a wrongful death attorney about if your loved one was killed by another person’s negligence. The first is a wrongful death claim, which is filed by the surviving family members to recover compensation for losses that they have suffered or expenses they have incurred as a result of the victim’s death.

The other is known as a survival action, which can only be filed by the victim’s estate. A survival action is filed against the negligent party in an attempt to recover damages for any losses suffered or medical expenses incurred by the victim prior to his passing.

For example, let’s say the victim was involved in a car accident and taken to the hospital for treatment before eventually passing away from his injuries. While in the hospital, the victim could have incurred medical expenses and experienced a significant amount of pain and suffering. A survival action seeks compensation for the victim’s expenses and losses, so it is similar to a personal injury claim, with the difference being that the victim is deceased.

Who Pays the Wrongful Death Settlement?

In most cases, the negligent party’s insurance company will be responsible for paying the wrongful death settlement or verdict. For example, if your loved one was killed in a car accident caused by a negligent driver, the driver’s auto insurance company would be responsible for negotiating the settlement with the victim’s family.

It’s important to remember that insurance policies do have limits. If the insurance policy only covers $25,000 but you intend on recovering more than that, the insurance company will not pay the remaining balance. Instead, you will have to pursue legal action against the negligent party to recover whatever is leftover.

What Do Wrongful Death Attorneys Do?

Wrongful death claims are complex, which means you will need an attorney if you want to recover the compensation that you deserve. How can a wrongful death lawyer help? It can be difficult to prove that the defendant’s negligence was the cause of your loved one’s death.

Proving liability can involve interviewing witnesses, consulting with medical or accident reconstruction experts, and gathering evidence from the scene of the accident. All of this would be very difficult for you to handle on your own.

But, that’s not the only way that an attorney can help. Family members may be able to recover compensation for funeral expenses, loss of companionship, pain and suffering, loss of wages, loss of benefits, and more.

It can be incredibly challenging to place a value on the losses you have suffered after a loved one passes away, but an attorney can help. Experienced wrongful death lawyers know exactly how to calculate how much financial support you have lost as a result of the wrongful death.

An attorney can also closely examine the case to determine the value of your emotional pain and suffering and loss of companionship. If you don’t work with a wrongful death attorney, it’s very possible that you could miscalculate the value of your claim and accept a settlement that is far less than what you actually deserve.

An attorney can also help in the event that your case goes to trial. The jury will want to hear a convincing argument delivered by a charismatic and honest speaker, and that’s exactly why you will need legal representation from one of the top attorneys in Atlanta.

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How To Find The Best Wrongful Death Attorney That Can Help You Win

A quick search on the internet will show you that there are countless wrongful death attorneys in Atlanta, which may leave you wondering how you can find the right one for your case. It’s always best to start your search by asking loved ones if they have any recommendations.

Be sure that you specifically ask for a wrongful death lawyer instead of just asking for a lawyer in general. The attorney that you work with must be experienced in this type of law in order to help you recover compensation.

Get in touch with the local bar association to find out if they can help you locate an Atlanta wrongful death lawyer near you. You should be able to create a short list based on the information you receive from the bar association and your friends and family members. Then, it’s time to start scheduling consultations so you can meet or speak on the phone to each attorney before making your decision.

During the consultation, it’s important to ask about the attorney’s experience handling wrongful death cases. How many years has he practiced law? What percentage of his cases has involved wrongful death? What kind of success has he had with representing clients in wrongful death cases? The answers to these questions will help you determine if the attorney is qualified to handle your case.

You should also ask about the attorney’s prices. Most wrongful death lawyers—including those at Spaulding Injury Law—work on a contingency fee basis. To put it simply, this means that we don’t get paid unless we help you and your family recover compensation. This is an ideal scenario for clients because it means they don’t have to pay any attorneys’ fees upfront, and won’t have to pay at all unless they receive money through a settlement or verdict.

Finally, ask about the attorney’s experience taking cases to trial. Many wrongful death claims are settled outside of the courtroom, but that doesn’t necessarily mean that yours will be. It’s important to be prepared by hiring an attorney who can take your case to trial if necessary. Ask the attorney how often he reaches settlements on behalf of his clients and how often he has to take cases to trial.

Who Can File A Wrongful Death Claim In The State Of Georgia?

Each state decides which family members are permitted to file a wrongful death claim on behalf of their loved ones. If the victim has a surviving spouse, he is able to file a wrongful death claim.

The spouse should also represent any of the victim’s children who are still minors, meaning they are under the age of 18. If compensation is awarded, it should be split between the children and the spouse, with the spouse receiving at least 33% of it.

What happens if the victim did not have a spouse? If the victim does not have a surviving spouse but does have surviving children, they are next in line to file a wrongful death claim.

The parents of the victim will be given the opportunity to file a claim if the victim did not have a surviving spouse or children. In cases where the victim did not have any surviving family members, the victim’s estate can choose to file a wrongful death claim.

Seek Legal Representation From One of the Top Wrongful Death Law Firms in Atlanta, GA

No one should have to go through the unbearable pain of losing a family member because of the negligent acts of another person. Unfortunately, this happens far too often. If your loved one has been killed due to another person’s negligence, speak to an Atlanta wrongful death attorney as soon as possible. Our law firm has various practice areas, including wrongful death, motorcycle accidents, vehicle accidents, and truck accidents.

Please schedule a free consultation with our team of attorneys by calling 770-744-0890 or filling out the contact form on our website today. We have multiple office locations, and currently, serve clients in every zip code within the greater Atlanta area. The location of our Atlanta office is 50 Hurt Plaza SE #1536, Atlanta, GA 30303.

Wrongful Death Lawyer in Atlanta