Sandy Springs Wrongful Death Lawyer

Compassionate Legal Support When You Need It Most

Losing a loved one is one of life’s most painful experiences. When that loss happens because of someone else’s negligence, the grief is often accompanied by confusion, anger, and a deep sense of injustice. Although no amount of compensation can replace the person you’ve lost, pursuing a wrongful death claim can help your family find some measure of accountability and the financial support you need to move forward.

At The Herro Law Firm, we understand the delicate nature of wrongful death cases. Attorney Anthony Herro provides personal, respectful, and compassionate representation during this incredibly difficult time. We are here to help you through the legal process while working tirelessly to hold the responsible parties accountable.

What Is a Wrongful Death Claim?

A wrongful death claim in Georgia is a civil lawsuit brought by the surviving family members of a person who has died due to the negligence or intentional misconduct of another. Common causes of wrongful death include:

Motor vehicle accidents, including car, truck, motorcycle, bicycle, and pedestrian accidents.
Drunk driving and distracted driving crashes.
Dangerous property conditions leading to fatal slip and fall accidents or other premises liability incidents.
Defective products or unsafe equipment.
Fatal workplace accidents.

Wrongful death claims are meant to provide compensation for the losses suffered by the deceased’s surviving family members, as well as the losses to the deceased’s estate.

Who Can File a Wrongful Death Claim in Georgia?

Under Georgia law, the right to bring a wrongful death claim typically follows this order:

The surviving spouse of the deceased.
If there is no surviving spouse, the deceased’s children.
If there is no surviving spouse or child, the deceased’s parents.
If none of the above are available, the administrator of the deceased’s estate may file the claim on behalf of the next of kin.

When a spouse files the claim, they must also represent the interests of any minor children. Georgia law also ensures that the spouse receives no less than one-third of the total recovery, regardless of the number of children.

Types of Compensation in a Wrongful Death Case

Georgia recognizes two distinct claims in wrongful death cases: the wrongful death claim and the estate claim. The wrongful death claim compensates the family for the full value of the deceased’s life, which may include lost wages and benefits the deceased would have earned; loss of care, companionship, and support; and loss of enjoyment of life from the perspective of the deceased. The estate claim seeks compensation for the financial losses associated with the death, including medical expenses related to the fatal injury or illness; funeral and burial costs; and conscious pain and suffering the deceased experienced before death.

These two claims can be pursued simultaneously to ensure the family and the estate are both fully compensated for their respective losses.

Proving Wrongful Death in Georgia

A wrongful death case is similar to a personal injury claim in that it generally requires proving negligence. To succeed, the family must establish:

The defendant owed a duty of care to the deceased.
The defendant breached that duty through negligence or wrongful conduct.
The breach directly caused the death.
The surviving family members or estate suffered measurable damages.

For example, if a fatal car accident was caused by a driver running a red light, the family must show that the driver’s negligence directly resulted in the death and the resulting financial and emotional losses.

In some cases, such as product liability or premises liability, proving wrongful death may involve complex questions about defective designs, improper warnings, or unsafe property conditions. The Herro Law Firm has the experience to thoroughly investigate these claims and build a strong case on your behalf.

Georgia’s Statute of Limitations for Wrongful Death Claims

In Georgia, the statute of limitations for most wrongful death claims is two years from the date of death. If the claim is not filed within this time frame, the family may lose the right to recover compensation. However, some exceptions may extend or pause the statute of limitations in certain situations, such as when the death involves a criminal case or the deceased’s estate has not been probated. Because deadlines can vary, it’s essential to speak with an experienced wrongful death attorney as soon as possible to protect your rights.

Settlements and Trials in Wrongful Death Cases

Many wrongful death cases are resolved through settlements with the responsible party’s insurance company. However, these insurers often attempt to minimize the value of the claim or deny liability altogether. Some cases must proceed to trial to obtain a fair result.

At The Herro Law Firm, we approach every wrongful death case with careful preparation and thoughtful strategy. We work to negotiate a settlement that truly reflects the magnitude of your loss. When insurance companies fail to offer fair compensation, we are fully prepared to take your case to court and fight for justice.

Attorney Anthony Herro is committed to open, honest communication throughout the process, ensuring that you are fully informed and supported every step of the way.

Why Choose The Herro Law Firm?

During a time of grief, you need a law firm that will not only handle your case with skill but also with compassion and personal attention. At The Herro Law Firm, you work directly with Anthony Herro. Your case will not be handed off to an associate or paralegal. We offer personalized, one-on-one service, taking the time to listen, answer your questions, and help you through the legal process.

We have a proven record of results, including settlements and verdicts. Whether through settlement or trial, we pursue results that reflect the true value of your loss. Our firm is committed to standing by your side, offering both skilled advocacy and a compassionate ear as you move forward.

Contact The Herro Law Firm Today

If you’ve lost a loved one due to someone else’s negligence, contact The Herro Law Firm today for a no-cost, confidential consultation. We handle wrongful death cases on a contingency fee basis, so you pay nothing unless we recover compensation for you. Let us help you seek the accountability and financial security your family deserves. Call now to speak directly with Attorney Anthony Herro about your wrongful death case.