Atlanta Defective Products Wrongful Death Lawyer
Pursuing Justice and Restitution for Your Loss
In Georgia, thousands of consumer products are recalled every year for safety risks ranging from malfunctioning vehicle parts and faulty medical devices to hazardous children’s toys and defective home appliances. Yet far too often, those recalls come too late after someone has already lost their life. Whether it’s a brake system failure, a poorly manufactured industrial tool, or a medication with undisclosed side effects, defective products can have fatal consequences when manufacturers fail to prioritize safety over profits.
These cases often involve more than just a single point of failure. They reflect deeper issues in corporate accountability, rushed product testing, lack of adequate warnings, or design flaws ignored for the sake of speed-to-market. Families grieving a loss may be entitled to compensation through a wrongful death claim but going up against a large manufacturer or insurance team requires strategic legal representation. Compensation can include funeral expenses, lost income, pain and suffering, and punitive damages if the company acted with extreme negligence or recklessness.
Having a skilled Atlanta defective products wrongful death lawyer by your side can make the difference between a denied claim and a meaningful result. At our firm, we know how to take on manufacturers, suppliers, and distributors through aggressive investigation, expert testimony, and strong courtroom strategy. Fill out our form to discuss your legal options and get answers tailored to your case.
Speak to a Dedicated Wrongful Death Lawyer today!
Our attorneys handle all forms of wrongful death cases throughout Georgia. We’re only dedicated to wrongful death claims and lawsuits, ensuring you receive thorough attention and care during your time of grief. Do not wait any longer to speak to an attorney. Fill out the form below to schedule a free consultation. All our cases are handled on a contingency basis, so you do not pay us until we win.
Common Defective Products That Cause Wrongful Death in Georgia
Automotive Defects
Medical Devices
Dangerous Drugs
Consumer Electronics and Appliances
Workplace Machinery and Tools
Children’s Products and Toys
What to Do If You Suspect a Defective Product Caused a Wrongful Death in Georgia
If you suspect that a defective product caused the wrongful death of your loved one in any part of Georgia, it’s critical to take immediate steps to preserve evidence and ensure that your case is handled properly. The more quickly and thoroughly you act, the stronger your case will be when seeking justice and compensation. Here’s what you should do:
- Preserve the Product, Packaging, and Documentation: The first and most important step is to preserve the defective product, including any packaging, user manuals, warranties, and safety instructions. Do not attempt to modify or fix the item, as doing so could compromise its condition and reduce its evidentiary value. Even if the product is damaged, it’s important to keep it intact for forensic examination.
- Seek a Full Autopsy and Obtain Medical and Coroner Reports: An autopsy is crucial in determining the exact cause of death, especially when a product defect is involved. A detailed autopsy report will provide important information about the cause of death and any contributing factors, such as internal injuries caused by the malfunctioning product. Be sure to obtain the full autopsy report, along with any medical records or coroner’s reports, as they may be pivotal in establishing the link between the product and the fatal injury.
- Document the Accident Scene: If possible, take photographs of the scene where the accident occurred, including the defective product in its original state. This can include the location of the incident, any visible damage to the product, and any other relevant environmental conditions. Photographs can serve as key pieces of evidence in establishing how the product malfunctioned and the extent of its failure.
- Keep Detailed Records of All Related Expenses: Begin keeping records of all expenses related to the wrongful death, including medical bills, funeral costs, and any other financial losses that have occurred as a result of the death. These records will be important for calculating damages and ensuring that you receive full compensation for both economic and non-economic losses.
- Contact a Wrongful Death Attorney Experienced in Product Liability: As soon as possible, contact a wrongful death lawyer with experience in handling product liability cases. These cases can be complex, involving multiple parties, including manufacturers, distributors, and retailers. A skilled attorney will help you gather and preserve crucial evidence, identify all potentially liable parties, and navigate the legal complexities of your case. The earlier your legal team can start the investigation, the better your chances are of securing a favorable outcome.
- Investigate Potential Defects and Gather Expert Opinions: An experienced lawyer will also help you determine whether there was a defect in the product and, if so, what type of defect it was (design flaw, manufacturing defect, or failure to warn). They will work with experts to conduct a thorough investigation, which may involve engineers, product safety experts, and accident reconstruction specialists. These experts will help determine how the defect occurred and who is responsible.
- Identify All Liable Parties: In a product liability case, there may be multiple parties responsible for the defect that caused the fatal injury. These could include the manufacturer, the supplier, the distributor, or the retailer. Your attorney will conduct a thorough investigation to identify every party in the product’s chain of distribution, ensuring that all parties are held accountable for their role in the tragedy.
Why You Need a Defective Product Wrongful Death Lawyer
Product liability cases are inherently complex and can involve numerous legal hurdles. Manufacturers often have extensive legal teams and deep pockets, allowing them to mount a fierce defense. They may attempt to deny liability, argue that the product was misused, or claim that there was no fault with the item at all. This is why you need an experienced defective product wrongful death lawyer by your side someone who understands the intricacies of product liability law and has the resources to challenge these powerful companies effectively.
A skilled defective product wrongful death attorney specializing in defective product cases can build a solid case by utilizing a variety of crucial tools, including engineering reports, safety data, recall histories, and expert testimony. These resources help to establish the link between the defective product and the fatal injury. Whether the case involves a design defect (where the product was inherently unsafe even when manufactured as designed), a manufacturing defect (where the product was altered or produced in a faulty manner), or a failure to warn (where the manufacturer failed to properly inform users about potential risks), your attorney knows how to approach each type of case and what evidence is necessary to prove liability.
What’s even more important is that a defective product wrongful death lawyer knows how to navigate the different standards of proof that apply in each scenario. Whether you’re dealing with strict liability (which holds manufacturers responsible regardless of fault), negligence, or breach of warranty, your lawyer will understand how to prove your case in the most effective way possible. This nuanced understanding of the law is critical when dealing with powerful corporations that have the resources to push back against claims.
Our Atlanta legal team has the experience, resources, and technical network to hold manufacturers accountable, even in the most high-stakes and complex litigation. We work with top industry experts, such as product engineers, safety experts, and accident reconstruction specialists, to help analyze defects, preserve crucial evidence, and reconstruct the exact failure that led to your loved one’s untimely death. By collaborating with these experts, we ensure that no stone is left unturned in identifying the cause of the defect and the party responsible for it.
Additionally, having an experienced product liability fatality lawyer means your family won’t have to shoulder the burden of dealing with insurance companies or corporate lawyers. We fight for full accountability, ensuring that the manufacturer and other responsible parties are held to the highest standards. You deserve the truth about what happened and the compensation that reflects the loss your family has endured. With our team on your side, you can be confident that your case will be handled with the expertise it deserves and that your family will receive the justice it needs to begin healing.
Why Trust Our Wrongful Death Lawyers?
Focused Experience
Client-Centered Approach
Proven Results
No Upfront Fees
Comprehensive Investigations
Trial-Ready Advocacy
Speak to a Dedicated Defective Product Wrongful Death Lawyer today!
Our attorneys handle all forms of wrongful death cases throughout Georgia. We’re only dedicated to wrongful death claims and lawsuits, ensuring you receive thorough attention and care during your time of grief. Do not wait any longer to speak to an attorney. Fill out the form below to schedule a free consultation. All our cases are handled on a contingency basis, so you do not pay us until we win.
Settling vs. Going to Trial: What Families Should Know
After filing a wrongful death claim, families often wonder whether they should settle or go to trial. Both paths have important implications, and our role is to guide you toward the best decision based on your unique situation.
When a Settlement Might Be the Best Option:
- Faster Resolution: Settlements can resolve cases much more quickly than trials, allowing families to find closure sooner.
- Privacy: Settlements are private agreements, sparing families from public court proceedings.
- Reduced Emotional Strain: Trials can be emotionally taxing; settlements avoid putting families through extended litigation.
- Guaranteed Outcome: A settlement ensures you receive compensation, whereas trials come with uncertainties.
When Going to Trial May Be Necessary:
- Insurance Companies Offer Lowball Settlements: If the defense refuses to offer fair compensation, a trial may be necessary.
- Gross Negligence Needs Public Accountability: Some families choose trial to hold negligent parties publicly accountable.
- Disputed Liability: If the other side disputes responsibility for your child’s death, a trial allows evidence and witnesses to be presented before a judge or jury.
Our Atlanta wrongful death attorneys will always prioritize what’s best for your family by negotiating fiercely when possible, but ready to fight in court when justice demands it.
Compensation Available for Defective Product Wrongful Deaths in Georgia
When a loved one dies due to a defective product, the surviving family members may be entitled to several forms of compensation. Georgia law allows for a wide range of damages to help ease the financial burden caused by such a tragic event. The compensation you may be eligible to receive depends on the specifics of the case and the extent to which the defect contributed to the fatality. Here’s a breakdown of the different types of compensation available for victims of defective product wrongful deaths:
Medical Bills
In cases where the deceased was injured before their death due to a defective product, the surviving family members can claim compensation for the medical expenses incurred during the treatment leading up to the death. This can include hospital stays, surgeries, doctor visits, and other medical procedures directly related to the injury. Even if the victim did not survive the initial injury, these medical bills can still be part of the wrongful death claim.
Funeral and Burial Expenses
Losing a loved one is emotionally devastating, and the financial burden of funeral and burial costs adds another layer of hardship. Georgia law allows families to recover funeral and burial expenses incurred as a result of the death caused by a defective product. This can cover a wide range of expenses, including funeral service fees, casket costs, burial plot fees, cremation, and other related expenses.
Lost Income and Benefits
When a loved one dies unexpectedly due to a defective product, the surviving family members may face significant financial hardship, particularly if the deceased was the primary breadwinner. Lost income and benefits refer to the wages, salary, and other benefits (such as pension plans, health insurance, or retirement savings) that the deceased would have earned had they lived. This compensation aims to replace the financial support that the family has lost as a result of their loved one’s death.
Pain and Suffering
If the deceased person suffered significant physical or emotional pain before passing away due to the defective product, the family may be entitled to compensation for their loved one’s pain and suffering. This compensation seeks to account for the emotional and physical anguish the victim experienced prior to death. This can be difficult to quantify, but an experienced lawyer can work with medical professionals and legal experts to assess the extent of the victim’s suffering.
Loss of Companionship, Care, and Guidance
In Georgia, wrongful death claims can also include damages for the loss of companionship, care, and guidance provided by the deceased. This compensation is designed to address the emotional loss experienced by family members who relied on the deceased for emotional support, care, and companionship. This can include loss of parental guidance, spousal companionship, and the general emotional support that the deceased provided.
Punitive Damages
In some cases, the court may award punitive damages in addition to compensatory damages if the defective product caused a death due to extreme recklessness or corporate negligence. Punitive damages are designed to punish the defendant for particularly egregious behavior and to deter similar actions in the future. These damages are not tied to the actual loss the family has experienced but rather to the defendant’s actions and intent, such as knowingly putting a dangerous or faulty product on the market. To be awarded punitive damages, the plaintiff typically must show that the manufacturer’s actions were not only negligent but also willfully harmful or grossly reckless.
Statute of Limitations for Defective Product Wrongful Death Claims in Georgia
Under Georgia Code § 9-3-33, the deadline to file a wrongful death lawsuit is two years from the date of death. However, if criminal conduct is involved or if there’s a delay in appointing an estate administrator, the time limit may be paused for a limited time. For product liability cases, acting quickly is crucial especially to preserve the defective product for forensic examination. Once evidence is lost, it becomes harder to prove liability.
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How to Choose the Best Wrongful Death Lawyer in Atlanta
Choosing the best Wrongful Death Lawyer is crucial to ensuring you receive the justice and compensation your family deserves. The lawyer you select will guide you through the complex legal process and help you determine whether to settle or go to trial based on your unique circumstances.
Key Factors to Consider When Choosing a Wrongful Death Lawyer:
- Experience with Wrongful Death Cases: Ensure the lawyer specializes in wrongful death cases, particularly those involving infants, as they require a unique approach and deep understanding of medical and product liability issues.
- Track Record of Success: Look for a lawyer with a proven history of securing favorable verdicts and settlements in similar cases. Their success rate is a strong indicator of their ability to handle complex claims effectively.
- Compassion and Sensitivity: Infant wrongful death cases are emotionally charged. Your lawyer should demonstrate empathy, offering you the emotional support and understanding you need during this difficult time.
- Willingness to Go to Trial if Necessary: While many cases settle, some need to be fought in court. A strong lawyer will not back down if it’s in your best interest, especially if the defendant is offering an unfair settlement.
- Clear Communication and Transparency: Your lawyer should keep you informed at every stage, explaining the legal process in a way that’s easy to understand. They should also provide honest assessments of the case, including the potential outcomes.
By choosing the right wrongful death lawyer, you ensure that your family’s case is handled with the respect, expertise, and dedication it deserves, giving you the best chance at securing justice and closure.
Georgia’s Wrongful Death Statute
Under Georgia Code Title 51, Chapter 4, the family members who can file a wrongful death lawsuit and seek compensation typically include the surviving spouse, children, and sometimes the parents of the deceased. The law allows for these parties to pursue damages for the loss of their loved one, depending on their relationship to the deceased.
In addition to the damages mentioned above, the compensation your family may receive could vary depending on the details of the case, such as the severity of the defect, the level of negligence involved, and how well the evidence is presented. An experienced attorney can help you determine the full range of damages you are eligible to pursue and maximize the compensation that your family deserves.
Procedure for Initiating a Wrongful Death Claim in Georgia
Commencing a wrongful death claim requires a methodical and strategic approach, blending investigative precision with legal expertise to construct a compelling case. The procedural framework includes:
- Verification of Claimant Eligibility: Confirming your legal authority to file is the initial step, ensuring alignment with Georgia’s claimant hierarchy to prevent procedural objections.
- Retention of Specialized Counsel: Engaging an attorney with expertise in defective products is critical. Your counsel evaluates liability, identifying breaches such as a driver’s failure to stop or a municipality’s neglect of traffic controls, and devises a tailored strategy.
- Comprehensive Evidence Acquisition: Your attorney assembles a robust evidentiary portfolio, including police reports, surveillance footage, and witness statements. Forensic experts may analyze vehicle speed or road conditions to pinpoint negligence, forming the claim’s foundation.
- Compliance with Statutory Deadlines: Adherence to the two-year filing limitation under Georgia Code § 9-3-33 is non-negotiable. Your counsel calibrates the timeline to submit well in advance, allowing ample preparation to avoid errors.
- Preparation of the Legal Petition: The filing document articulates the defendant’s duty, the specific breach, the causal link to the fatality, and the resultant damages. Your attorney ensures accuracy and compliance with procedural mandates to forestall dismissal.
- Substantiation Through Expert Testimony: Accident reconstructionists, traffic engineers, or medical experts clarify complex issues for the court, such as the foreseeability of a collision or the severity of injuries. Your counsel selects authoritative professionals to bolster credibility.
- Negotiation or Litigation for Resolution: Many claims settle, but trial readiness is essential. Your attorney engages insurers with evidence-backed demands, countering inadequate offers with resolve. If litigation is required, they advocate vigorously to secure equitable restitution.
How to Establish Liability in a Wrongful Death Claim in Georgia
Securing a favorable outcome in a wrongful death action hinges on satisfying four essential legal elements, each substantiated through rigorous evidence and expert analysis. The requisite components are:
- Duty of Care: The defendant’s obligation to ensure cyclist safety such as a driver’s duty to obey traffic signals or a city’s duty to maintain crosswalks, must be established. Documentation, like traffic ordinances or maintenance schedules, anchors this element.
- Breach of Duty: Evidence must demonstrate negligence, such as a driver texting or a property owner ignoring a broken sidewalk. Surveillance footage, phone records, or inspection logs are pivotal in proving the breach.
- Causation of Fatality: The breach must be directly linked to the death, a complex task given potential defenses like cyclist error. Your attorney uses crash analyses or medical reports to construct a causal chain, showing how negligence caused the fatal outcome.
- Quantifiable Damages: The claim must enumerate losses, including economic impacts like lost income and non-economic harms like emotional distress, under Georgia Code § 51-4-2. Comprehensive documentation of financial records, family testimonies, or psychological assessments ensures a holistic valuation.
- Adherence to Evidentiary Standards: All evidence must meet judicial requirements for admissibility. Your counsel curates credible materials, from dashcam footage to expert depositions, ensuring procedural compliance.
- Timely Filing: Submission within the statutory limitation period is critical. Your attorney coordinates efforts to meet this threshold without compromising case quality.
- Neutralization of Defenses: Insurers may allege contributory negligence, like jaywalking. Your counsel refutes such claims with factual rebuttals, preserving your recovery under Georgia Code § 51-11-7 (comparative negligence).
Our wrongful death attorneys execute this multifaceted proof with strategic foresight, leveraging legal and forensic acumen to deliver justice. We stand as unwavering advocates, ensuring your loved one’s legacy is honored through accountability and restitution.
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Locations We Serve in Georgia
We proudly serve families throughout Atlanta and across Georgia. In Atlanta, we assist clients in areas such as Downtown (30303), Midtown (30308), Buckhead (30305), Old Fourth Ward (30312), Inman Park (30307), West End (30310), Virginia-Highland (30306), Peachtree Heights East (30327), Grant Park (30315), and Chastain Park (30342). We also represent clients in cities like Marietta (30060), Roswell (30075), Sandy Springs (30328), Alpharetta (30004), Lawrenceville (30046), Gwinnett (30043), Augusta (30901), Savannah (31401), Columbus (31901), and Athens (30601). No matter where you are in Georgia, we’re here to provide expert legal support for your wrongful death case.