What Is Considered a “Wrongful” Death in Georgia?
In Georgia, a “wrongful” death is any death that occurs due to the “negligent, reckless, intentional, or criminal” conduct of another person or party.
Wrongful death claims are very similar to personal injury claims in that they can be brought when a person is harmed and suffers losses due to another person or entity’s negligent or wrongful conduct.
Wrongful death cases often arise from the following:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Dangerous/defective premises
- Defective products
- Pedestrian and bicycle accidents
- Medical malpractice
- Nursing home abuse and neglect
- Criminal acts
From our office in Atlanta, we represent clients in all types of wrongful death cases. Our attorneys have successfully secured significant settlements and verdicts for surviving dependents, family members, and other loved ones in highly complex cases; we have what it takes to represent you and your family.
Who Can File a Wrongful Death Claim?
Only specific individuals are permitted to file a wrongful death claim in Georgia. These individuals are also prioritized based on their relationship to the person who died (known as the “decedent”).
In Georgia, the following people may bring a wrongful death action:
- The decedent’s surviving spouse and/or children
- The decedent’s surviving parent(s) if there is no spouse or child
- The personal representative of the decedent’s estate if there is no spouse, child, or parent
When a decedent is survived by a spouse and one or more minor children, the spouse is responsible for representing the children’s interests in legal proceedings.
However, the surviving spouse is always entitled to at least one-third of the total recovery in a wrongful death lawsuit, regardless of how many children there are, the ages of the surviving children, the presence of other claimants, and any other factors.
In cases where there is no surviving spouse, child, or parent, and the personal representative of the decedent’s estate files the claim, damages are recovered on behalf of the decedent’s next of kin and are typically held by the estate until the next of kin is legally entitled to receive them.
If you believe the negligence of another caused your loved one’s death, reach out to our team of compassionate Atlanta wrongful death attorneys today. We are here to help you through this difficult journey!
Damages in Georgia Wrongful Death Cases
At The Roth Firm, LLC, we recognize that no amount of financial compensation can bring your loved one back or undo the devastating loss you have endured. However, a successful wrongful death lawsuit can allow you to obtain the financial resources you need to manage unexpected expenses associated with the tragic death of your loved one.
A settlement or jury verdict can also bring you and your family closure and a sense of justice, allowing you to begin to heal.
In Georgia, there are two types of wrongful death claims: the first is meant to compensate surviving family members and loved ones for economic and non-economic losses they have suffered, and the second reimburses the decedent’s estate for financial losses.
Eligible family members and loved ones may recover the following damages in a wrongful death claim:
- Loss of income and financial support provided by the decedent in life
- Lost wages, benefits, and other income the decedent would have reasonably earned
- Loss of love, companionship, guidance, care, counsel, and support
- The value of support and services provided by the decedent in life
Additionally, in a wrongful death claim, the decedent’s estate can recover for the following losses:
- Medical costs and bills associated with treating the decedent’s final injuries/illness
- Funeral and/or burial expenses
- Any conscious pain and suffering the decedent experienced immediately before death
Our Atlanta wrongful death lawyers can meet with you to discuss the specifics of your case during a free initial consultation. We have multiple offices throughout Georgia and can also travel to meet you at your home or work if necessary.
The Role of Evidence in a Wrongful Death Case
In a wrongful death lawsuit, gathering and presenting strong evidence is essential for proving that the responsible party’s negligence or intentional misconduct led to the death of your loved one. The more detailed and compelling the evidence, the better your chances of securing a favorable outcome.
Common types of evidence in wrongful death cases include:
- Accident Reports: In cases like car or motorcycle accidents, official police reports can provide valuable information about the incident and who was at fault.
- Medical Records: These help establish the cause of death and whether medical malpractice or negligence played a role.
- Eyewitness Testimonies: Statements from people who witnessed the incident can help corroborate the details.
- Expert Testimony: In complex cases, expert witnesses such as accident reconstructionists or medical professionals can provide insights that support your claims.
- Photographs and Videos: Images of the scene of the incident, or any video footage that captures the event, can be crucial for demonstrating how the death occurred.
Our attorneys at The Roth Firm, LLC work with skilled investigators and experts to gather the necessary evidence to build a strong case on your behalf. We leave no stone unturned in our pursuit of justice for your family.
Seeking Justice for Your Loved One
Losing a loved one due to someone else’s negligence or wrongful actions is a devastating experience. At The Roth Firm, LLC, our Atlanta wrongful death attorneys seek justice and hold responsible parties accountable for their actions.
We understand the emotional and financial toll that a wrongful death can have on families, and we are here to provide compassionate support and legal guidance.
When you choose The Roth Firm, LLC to represent you in a wrongful death case, you can expect:
- Experienced attorneys with a track record of success in wrongful death cases
- Personalized attention and support throughout the legal process
- Aggressive advocacy to secure maximum compensation for your loss
- Transparent communication and regular updates on the progress of your case
Let us help you seek justice for your loved one. Contact our Atlanta office today to schedule a consultation with one of our experienced wrongful death attorneys.
Contact Our Atlanta Wrongful Death Lawyer Today
At The Roth Firm, LLC, we aim to help you seek the justice you deserve. We work tirelessly to hold negligent parties accountable for the harm they cause and have a proven record of success in complex wrongful death litigation throughout Georgia.
When you choose The Roth Firm, LLC, you do not pay any upfront or out-of-pocket expenses. Instead, our attorneys only get paid if you do. And, because we limit the cases we accept, we can dedicate all our resources and efforts to you and your case.
Contact our Atlanta wrongful death attorneys now to schedule a free, confidential consultation and start your fight for the justice you deserve!
Commonly Asked Questions
What is the deadline to file a wrongful death claim in Georgia?
In Georgia, you have two years from the date of death to file a wrongful death claim. It is important to take action quickly to ensure your right to seek compensation is preserved.
Can I sue for wrongful death if the responsible party was not criminally charged?
Yes, a wrongful death lawsuit is a civil matter and is separate from any criminal case. Even if the responsible party was not charged or convicted, you can still pursue compensation through a civil claim.
Do I need to go to court for a wrongful death case in Georgia?
Not necessarily. Many wrongful death cases are settled outside of court through negotiation or mediation. However, the case may go to trial if a fair settlement cannot be reached.
What if the person responsible for the death does not have insurance or assets?
If the responsible party does not have insurance or sufficient assets, you might still be able to seek compensation through your own insurance policy, such as underinsured motorist coverage, or by holding other parties accountable.
Is it possible to file a wrongful death claim if the death resulted from a workplace accident?
Yes, if the death resulted from a work-related accident, you may have the option to file a wrongful death claim alongside workers’ compensation benefits, depending on the specifics of the case.
How do I prove liability in a wrongful death case in Georgia?
To establish liability, your lawyer must demonstrate that the defendant’s negligent or reckless behavior directly led to your loved one’s death. This often requires collecting evidence, expert opinions, and testimonies from witnesses.
