10 Important Facts About Wrongful Death Claims in Atlanta

Losing a loved one due to someone else’s negligence is one of the most devastating experiences a family can go through.

Whether the cause is a car accident, medical malpractice, workplace hazard, or intentional wrongdoing, Georgia law allows surviving family members to seek justice through a wrongful death lawsuit.

However, wrongful death claims can be complex, requiring strong legal knowledge and strategic representation.

Working with the best wrongful death attorney in Atlanta can significantly improve your chances of securing fair compensation and holding responsible parties accountable.

In this guide, we outline 10 essential facts about wrongful death claims in Atlanta, Georgia, covering everything from eligibility to damages, legal procedures, and common challenges families face.

What is Considered a Wrongful Death in Georgia?

A wrongful death occurs when a person loses their life due to negligence, recklessness, or intentional misconduct by another party. In Georgia, wrongful death cases often arise from:

Car accidents – Fatal crashes caused by reckless, distracted, or drunk drivers.
Medical malpractice – Errors such as misdiagnosis, surgical mistakes, or prescription drug errors.
Workplace accidents – Deaths due to unsafe working conditions, equipment failures, or employer negligence.
Defective products – Faulty machinery, automobile defects, or unsafe consumer goods causing fatal injuries.
Criminal acts – Homicide, assault, or other criminal negligence resulting in death.

When a loved one dies under these circumstances, their family members may have the right to file a wrongful death lawsuit.

Consulting an experienced wrongful death lawsuit lawyer near you can help determine whether you have a valid claim and how to proceed.

Who Can File a Wrongful Death Lawsuit in Georgia?

Georgia law sets specific rules about who can file a wrongful death lawsuit. The right to bring a claim follows this order:

The deceased person’s surviving spouse – If married, the spouse is the first in line to file the claim.
The children of the deceased – If no spouse is present, the deceased’s children have the right to sue.
The parents of the deceased – If the person was unmarried and had no children, their parents may file a claim.
The deceased’s estate representative – If none of the above exist, the lawsuit can be filed by the executor or administrator of the deceased’s estate.

If the lawsuit is filed by the estate, any compensation awarded will be distributed according to the deceased’s will or Georgia’s inheritance laws.

A Georgia wrongful death lawsuit attorney can assess your situation and help ensure that the case is handled correctly, preserving your rights under state law.

What Compensation is Available in a Wrongful Death Lawsuit?

The goal of a wrongful death lawsuit is to compensate surviving family members for both financial and emotional losses. Damages typically fall into two categories:

Economic Damages (Financial Losses)

Medical expenses – Any healthcare costs related to the deceased’s final illness or injury.
Funeral and burial costs – Expenses for the funeral, cremation, or burial.
Lost wages and benefits – The amount the deceased would have earned had they lived.
Property damage – If the wrongful death occurred in an accident involving personal property (such as a car crash).

Non-Economic Damages (Emotional & Intangible Losses)

Loss of companionship – Compensation for losing the love, guidance, and emotional support of the deceased.
Pain and suffering – Damages for any suffering the deceased endured before their passing.
Emotional distress – Compensation for the grief and mental anguish suffered by surviving family members.

An experienced Atlanta personal injury lawyer for wrongful death will fight to maximize the compensation you receive, ensuring justice is served for your loved one.

4. Time Limits for Filing a Wrongful Death Claim in Georgia

If you are considering filing a wrongful death lawsuit in Georgia, you must be aware of the statute of limitations.

The law allows two years from the date of death to file a claim.

If the lawsuit is not filed within this period, the family forfeits their right to seek compensation.

However, there are some exceptions that may pause or extend this deadline:

Criminal Cases: If the wrongful death was the result of a criminal act (such as homicide or DUI-related manslaughter), the statute of limitations may be paused while criminal proceedings are ongoing. Once the criminal case concludes, the clock resumes.
Estate Delays: If the deceased’s estate has not been immediately probated, the statute of limitations may be paused until the probate process is initiated.

Since missing the deadline can mean losing your right to compensation, it’s critical to contact the best wrongful death attorney in Atlanta as soon as possible.

A lawyer will ensure that your claim is filed on time and that all legal requirements are met.

5. How to Prove a Wrongful Death Case?

Successfully pursuing a wrongful death claim requires proving negligence. The plaintiff (the family or estate of the deceased) must establish four key elements:

Duty of Care – The defendant had a legal responsibility to act safely and reasonably (e.g., doctors must provide competent medical care; drivers must follow traffic laws).
Breach of Duty – The defendant failed to uphold this duty through negligence, recklessness, or intentional misconduct (e.g., a distracted driver runs a red light, or a hospital administers the wrong medication).
Causation – The defendant’s actions directly caused the victim’s death (e.g., a surgeon’s mistake leads to fatal complications).
Damages – The death caused financial and emotional harm to the surviving family members (e.g., lost income, funeral costs, emotional distress).

To prove negligence, a skilled wrongful death lawsuit lawyer near you will gather essential evidence, including:

Police reports and medical records
Accident reconstructions (for auto-related deaths)
Witness statements
Expert testimonies (medical experts, accident investigators, etc.)

Without solid proof, insurance companies and defendants will attempt to deny liability.

That’s why working with an Atlanta personal injury lawyer for wrongful death can strengthen your case and improve your chances of receiving fair compensation.

6. Common Defenses Used in Wrongful Death Cases

Defendants and insurance companies will often try to avoid liability or reduce the amount they must pay. Here are some of the most common defenses used in wrongful death cases:

Blaming the Deceased – The defendant may claim the victim was partially at fault for their own death (e.g., arguing that a pedestrian was not using a crosswalk when hit by a car).

Questioning Causation – The defense may argue that the victim’s injuries were not directly caused by the defendant’s actions (e.g., claiming that pre-existing health conditions contributed to their death).

Minimizing Damages – Insurance companies may attempt to downplay the financial and emotional impact of the loss by arguing that:

The deceased had minimal income potential
The emotional suffering of the family is exaggerated
The medical costs were unrelated to the fatal incident

To counter these tactics, a top-rated wrongful death attorney in Atlanta will aggressively challenge false claims, provide solid evidence, and negotiate to ensure the highest possible settlement for your family.

By working with an experienced Georgia wrongful death lawsuit attorney, you can protect your rights and ensure fair compensation for your tragic loss.

7. Wrongful Death vs. Survival Action – What’s the Difference?

Many families confuse wrongful death lawsuits with survival actions, but they serve different legal purposes. Here’s a breakdown of how they differ:

Wrongful Death Claim	Survival Action
Filed by surviving family members or estate	Filed by the estate on behalf of the deceased
Seeks compensation for the financial and emotional losses suffered by the deceased’s family	Seeks damages for the losses the deceased experienced before death (e.g., medical bills, pain and suffering)
Focuses on the impact of the loss on the surviving family members	Focuses on damages incurred by the deceased before passing

8. How Long Does a Wrongful Death Case Take?

Wrongful death cases vary in length and complexity, often taking anywhere from several months to a few years to resolve. The timeline depends on several factors, including:

The strength of the evidence – Stronger evidence may lead to faster settlements.
The insurance company’s willingness to settle – If the insurer disputes the claim, negotiations can be prolonged.
Whether the case goes to trial – Most wrongful death claims settle out of court, but if a fair settlement isn’t reached, the case may go to trial, extending the process significantly.

A skilled Atlanta personal injury lawyer for wrongful death will work efficiently to resolve your case while ensuring you receive the full compensation you deserve.

9. The Role of a Wrongful Death Attorney

Hiring the best wrongful death attorney in Atlanta can significantly impact the outcome of your case. A dedicated attorney will:

Investigate the case – Collect key evidence such as medical records, witness testimonies, and expert opinions.

Handle negotiations – Fight insurance companies that attempt to minimize payouts.

File the lawsuit – Ensure all legal deadlines are met to avoid case dismissal.

Represent you in court – If necessary, a lawyer will litigate aggressively to secure the best outcome for your family.

One of the top-rated law firms handling wrongful death cases in Georgia is Finch McCranie LLP. They have a proven track record of winning high-value settlements for grieving families seeking justice.

10. What Are the Costs of Hiring a Wrongful Death Lawyer?

Many families hesitate to hire an attorney because they worry about legal fees. However, most wrongful death lawyers work on a contingency fee basis, meaning:

No upfront fees – You don’t have to pay anything upfront.

You only pay if you win – If your case is unsuccessful, you owe nothing.

Legal fees are deducted from the settlement or court award – No out-of-pocket expenses.

If you need expert legal help, contact Finch McCranie LLP today to schedule a free consultation with the best wrongful death attorney in Atlanta.

Final Thoughts: Get Help from the Best Wrongful Death Attorney in Atlanta

Losing a loved one is never easy, but legal action can provide financial stability and accountability. If your family has suffered a wrongful death, don’t wait—speak with an experienced Georgia wrongful death lawsuit attorney today.

For expert legal representation, contact Finch McCranie LLP, the best wrongful death attorney in Atlanta, to protect your rights and fight for justice.

FAQ’s

Who can file a wrongful death lawsuit in Georgia?

In Georgia, the deceased’s surviving spouse has the first right to file a wrongful death lawsuit. If there is no spouse, the children may file the claim. If the deceased had no spouse or children, the parents or the estate representative can file the lawsuit. A Georgia wrongful death lawsuit attorney can help determine eligibility.

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

The statute of limitations for wrongful death claims in Georgia is two years from the date of death. However, exceptions may apply, such as when a criminal case is involved, which can extend the deadline. To ensure your claim is filed on time, contact the best wrongful death attorney in Atlanta as soon as possible.

What compensation can be recovered in a wrongful death lawsuit?

Families may recover economic damages such as medical expenses, lost wages, and funeral costs. They may also receive non-economic damages for emotional distress, pain and suffering, and loss of companionship. A skilled Atlanta personal injury lawyer for wrongful death can help maximize your compensation.

How long does it take to settle a wrongful death case?

The timeline varies based on the complexity of the case, the evidence available, and whether the case goes to trial. Some cases settle in a few months, while others can take years. Most wrongful death cases settle out of court, but if necessary, a lawyer will fight for justice in court.