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Part 6: States’ Experiences With Their Own False Claims Acts

December 7, 2010
Michael Sullivan

This Part 6 is the final installment of an article explaining why the major qui tam whistleblower statute, the federal False Claims Act, has led to a wave of new state False Claims Acts. It is an updated version of part of a previously published article by whistleblower lawyer blog author Michael A. Sullivan.

V. States’ Experiences With Their Own False Claims Acts

As noted, at least twenty-eight states now have a False Claims statute, and many other states are considering similar laws. The financial incentives of the Deficit Reduction Act of 2005 have not only prompted states that lacked False Claims statutes to enact them, but also have caused many states wishing to qualify for the additional funds to amend their existing False Claims statutes.

In essence, while states may enact “tougher” or more comprehensive laws than the federal False Claims Act, states with “weaker” or less effective laws-as judged by the standards of the Deficit Reduction Act-will not qualify for the additional funds.

Seven of the first ten states whose statutes were scrutinized by the Office of Inspector General (OIG) quickly learned this lesson when OIG disapproved their state statutes. These included California (which lacked a minimum penalty), Florida (which omitted “fraudulent” from its definition of claims), Indiana (which did not make defendants liable for “deliberate ignorance” and “reckless disregard”), Louisiana (which did not permit the state to intervene in cases, set too low a percentage for whistleblowers to recover, and set no minimum penalty), Michigan (which omitted penalties and liability for decreasing or avoiding an obligation to pay the government, i.e., a “reverse false claim”), Nevada (which had a statute of limitations too short and a minimum penalty too low), and Texas (which did not permit the whistleblower to litigate the case if the state did not, and which provided for lower percentage shares to whistleblowers and lower penalties). Most of these states have gone back to the drawing board to correct these deficiencies.

In sum, the Deficit Reduction Act has set minimum standards for state False Claims Acts for states wishing to receive these additional funds. In plain English, the state laws must protect at least Medicaid funds, and they must be at least as effective as the federal False Claims Act, especially in rewarding and facilitating qui tam actions for false or fraudulent claims, with damages and penalties no less than those under the federal Act.
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Insider Trading Probe Reinforces Immediate Need for Strongest SEC Whistleblower Program

November 21, 2010
Michael Sullivan

Yesterday’s Wall Street Journal reports a “sweeping” insider trading investigation, with civil and criminal charges soon to follow, involving “consultants, investment bankers, hedge-fund and mutual-fund traders, and analysts across the nation.”

While the details remain to be seen, the unending series of fraud cases that continue–despite Sarbanes-Oxley–proves why Wall Street must not be allowed to neuter the first potentially meaningful SEC whistleblower program, mandated by the Dodd-Frank financial reform law.

How is it that the hallowed “compliance programs” born from Sarbanes-Oxley have utterly failed to stop the breathtaking frauds of Madoff, Stanford, and other recent post-SOX scandals?

As many honest employees encountering fraud discover, too often “compliance programs” mask efforts to identify employees who object to wrongdoing, so the wrongdoers can then gut their careers.

How well did compliance programs work at the many Madoff-abetting feeder funds that made scores of millions, as Madoff’s scheme spread to snare more victims? Read Harry Markopolis’ book to see how many of those firms’ “compliance” efforts worked, as Madoff’s enablers ignored glaring warning signs that multiplied over the life of the scheme.

SEC Chair Mary Schapiro and Director of Enforcement Robert Khuzami seem dedicated to invigorating the SEC’s enforcement efforts. While the new proposed SEC whistleblower rules show considerable thought, they threaten the program’s effectiveness by bowing too far to industry concerns, and excluding many potential whistleblowers such as accountants, who may be the best position to stop the next Madoff.

Wall Street would have the SEC create a labyrinth of further exceptions to who can participate in the new SEC Whistleblower program. One lethal industry proposal is to require potential whistleblowers first to run the gauntlet of firms’ “compliance” programs–a concept wholly inconsistent with Congress’ intent that whistleblowers must be allowed to report violations anonymously.

The initial screening of SEC whistleblower claims should not be outsourced to the very firms alleged to have violated the law, which is what mandatory internal reporting effectively would do. The SEC–like the Department of Justice and IRS–should be the first to screen SEC whistleblower claims. With any SEC whistleblower claim large enough to pursue, by definition the culpable firm has typically approved the violation, or at least looked the other way.

Otherwise, who in a position to expose significant fraud would come forward, if required first to reveal their objections to the fraud to those who may have approved it? And if the fraud stays concealed–as it too often has despite “compliance” programs–the public loses.

Excerpts from the WSJ article by SUSAN PULLIAM, MICHAEL ROTHFELD,JENNY STRASBURG and GREGORY ZUCKERMAN are below:
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With New SEC Whistleblower Program Proposed Rules Announced, Will the SEC Allow Potential Defendants to Gut Them?

November 4, 2010
Michael Sullivan

We have been awaiting the SEC’s proposed rules for its new SEC Whistleblower Program, released yesterday. Even before the announcement, however, those who oppose this first potentially meaningful SEC Whistleblower Program have begun efforts to undermine it.

The SEC’s website already includes some firms’ suggestions to impose extreme restrictions on SEC whistleblowers–contrary to how other successful whistleblower programs operate.

Designing any new whistleblower program should begin with studying more than two decades of successes of the nation’s major whistleblower law, the False Claims Act. The False Claims Act has been so effective in uncovering and penalizing fraud against the government since 1986 that it has inspired Congress and the states to enact a wave of new whistleblower statutes–including the Dodd-Frank whistleblower mandate in section 922.

Unless the SEC seeks to create an ineffective program, it makes no sense to impose restrictions on whistleblowers that do not exist in False Claims Act cases.

One such damaging restriction would be requiring whistleblowers first to report within the company violations of the law, before going to the SEC. Past experience with the False Claims Act shows that warning violators of the law (who know their own violations) invites destruction of evidence by those who engineered the lawbreaking, and destroys the whistleblower’s career.

Other deceptive suggestions are that the SEC follow the “approach” of the promising new IRS Whistleblower Program–but with far greater restrictions on whistleblowing.

For example, one representative of future defendants urges what are actually variations on the “one-bite” and “no-bite” rules of the IRS, which historically have restricted the IRS’s receipt of certain information, or information from certain whistleblowers.

In fact, the IRS trend appears to be the opposite. In a March 2010 IRS Notice and in June 2010 changes to the Internal Revenue Manual, the “one-bite” rule appears to be giving way to the more sensible approach of allowing whistleblowers more than “one bite” at submitting information that may be useful to the IRS.

Likewise, a suggestion that the SEC adopt a variation the “no-bite” rule would expand it far beyond the IRS concept of not accepting information from the “taxpayer’s representative” before the IRS. This suggestion would go much further and prohibit submissions to the SEC by anyone who has a “fiduciary” duty to a public company–which arguably could be most or all employees.

We will comment further on the specifics of yesterday’s proposed rules, but the basic principles above should guide the SEC in what it finally decides.

The SEC’s announcement yesterday is reprinted below:
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Links to SEC Whistleblower and CFTC Whistleblower Lawyer Information

October 18, 2010
Michael Sullivan

Our whistleblower lawyer blog has followed closely the development of the first potentially meaningful SEC Whistleblower and Commodities Whistleblower Programs. That link provides regular updates.

Based on our firm’s long experience in representing whistleblowers, we were asked by the Senate Banking Committee staff for input in how the new SEC and CFTC whistleblower provisions of the July 2010 Dodd-Frank Financial Reform Act should work. We urged that the Senate change the tepid House version, which provided no meaningful rewards to whistleblowers,
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SEC Recovers $39 Million under Foreign Corrupt Practices Act for Bribery and Kickbacks in Mexico and Iraq

September 29, 2010
Michael Sullivan

One of the most interesting twists to the new SEC Whistleblower Program will be how many commercial bribes and kickbacks paid to foreign government officials will now come to light. As we have written about previously, the SEC shares jurisdiction with the Justice Department over such cases that violate the Foreign Corrupt Practices Act (FCPA).

An example of why whistleblowers will come forward is this afternoon’s announcement of the SEC’s $39 million settlement with ABB Ltd (“ABB”), a Swiss company that provides power and automation products and services.

The SEC alleged that ABB made more than $2.7 million in bribes and kickbacks to obtain more than $100 million in contracts. The payments allegedly were made to “government officials in Mexico to obtain business with government owned power companies,” and to the “former regime in Iraq to obtain contracts under the United Nations Oil for Food Program.”

According to the SEC, some of the kickbacks were made through bank guarantees and cash payments. As is common in disguising unlawful payments, the kickbacks were recorded on the company’s books as legitimate payments–here, for “after sales services,” “consultation costs,” and “commissions.”

ABB, without admitting or denying the allegations in the complaint, agreed not only to pay disgorgement and penalties totalling more than $39 million, but also agreed to pay a criminal fine of $30,420,000, according to the SEC. The company also agreed to be bound by certain “undertakings” concerning its FCPA compliance program.

As to how an FCPA whistleblower might fare who reports similar FCPA violations of bribery of foreign government officials, the new SEC Whistleblower Program pays 10% to 30% of monetary sanctions collected–approximately $4 million to $12 million under similar facts.

The SEC’s announcement is reprinted in full below, and the SEC’s Complaint is linked here:
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Health Care Fraud Cases and 2009-2010 Amendments to False Claims Act Discussed at National Fraud and Compliance Forum

September 26, 2010
Michael Sullivan

At the annual Fraud and Compliance Forum in Baltimore that runs through Tuesday, the nation’s top health care lawyers will be paying close attention to recent changes to the nation’s primary whistleblower law, the False Claims Act. The “qui tam” provisions of the False Claims Act allow private citizen whistleblowers (“relators”) to share in the government’s recovery of damages.

As a former defense attorney who now represents whistleblowers, I have been asked to present a program at this conference with Rick Shackelford of King & Spalding, to discuss these major amendments to the False Claims Act–the first since 1986. Congress acted decisively in three recent major bills to restore the False Claims Act to its intended strength, in the face of court decisions that created obstacles to its use.

The recent amendments were part of the Fraud Enforcement and Recovery Act of 2009, Pub. L. No. 111-21, 123 Stat. 1617 (“FERA”); the Patient Protection and Affordable Care Act, Pub. L. 111-148, 124 Stat. 119 (“PPACA”); and the Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. No. 111-203, 124 Stat. 1376 (the “Dodd-Frank Financial Reform Act”).

This week’s forum is sponsored by the American Health Lawyers Association and Health Care Compliance Association.

An updated discussion of the False Claims Act after these 2009 and 2010 changes will appear soon on this Whistleblower Lawyer Blog. A brief summary of those important changes to the Act is below:
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Indiana Attorney General Invites Qui Tam Whistleblower Cases by Health Care & Pharmaceutical Employees To Stop Health Care Fraud

August 20, 2010
Michael Sullivan

Smart and effective state Attorneys General have fought fraud against their citizens through encouraging greater use of the country’s major whistleblower law, the False Claims Act, and state versions of that law.

Texas AG Greg Abbott, for example, has a staff that has long distinguished itself for recovering millions of stolen taxpayer funds in health care fraud cases, under the leadership of Pat O’Connell and, more recently, Ray Winter.

Following this tradition, Indiana AG Greg Zoeller is urging employees of pharmaceutical companies and heath care entities to help stop health care fraud, and possibly share in the recovery as qui tam whistleblowers under the state and federal False Claims Acts.

While we have discussed in detail how the False Claims Act operates, AG Zoeller’s announcement gives a succinct summary. We have reprinted it below, and applaud his efforts.
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Shouldn’t the IRS Pay Tax Whistleblowers Who Help Prevent Fraudulent Refunds?

August 18, 2010
Michael Sullivan

When IRS whistleblowers save U.S taxpayers money, they deserve the rewards that lawmakers such as Sen. Chuck Grassley fought to establish. In 2006 his efforts resulted in the first meaningful IRS Whistleblower program ever, which is attracting many tax whistleblowers with significant evidence.

We have discussed previously the many positive aspects of the long-awaited IRS Whistleblower procedures published in June–and one illogical, self-defeating feature. Some in the IRS–and apparently not the IRS Whistleblower Office–thought whistleblowers should not be rewarded when they report tax
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Merck and Other Pharma Companies Probed by DOJ and SEC in Foreign Corrupt Practices Act (FCPA) Investigation

August 9, 2010
Michael Sullivan

When Pharma manufacturers are targeted by the Department of Justice, qui tam whistleblower cases under the False Claims Act are often the reason.

Now, whistleblowers may also receive rewards for reporting violations of the Foreign Corrupt Practices Act (FCPA), thanks to the new whistleblower provisions of the Wall Street financial reform law. Announcements like Merck’s recent SEC filing that it is now the subject an FCPA investigation involving other Pharma companies should become common, as corruption will now be increasingly exposed in a new wave of SEC Whistleblower cases.

The recent 10-Q filing of Merck & Co., Inc. stated in part:

The Company has received letters from the DOJ and the SEC that seek information about activities in a number of countries and reference the Foreign Corrupt Practices Act. The Company is cooperating with the agencies in their requests and believes that this inquiry is part of a broader review of pharmaceutical industry practices in foreign countries.

As we have followed through its development, the Dodd-Frank financial reform law created the new SEC Whistleblower and CFTC Whistleblower programs, which will include FCPA cases.

The FCPA, as we have discussed previously, prohibits bribery of foreign government officials in international business transactions, and false entries in books and records of those companies within the statute. Whistleblowers who assist the SEC recover monetary sanctions in FCPA cases now have an enforceable right to a monetary award of 10-30%.

Pharma’s exposure for any bribes and kickbacks abroad are a ripe subject for FCPA enforcement.
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Does SEC Whistleblower Reward of $1 Million Signal A New Attitude Toward Wall Street Whistleblowing?

August 8, 2010
Michael Sullivan

Only days after the new financial reform law created the first potentially meaningful awards for whistleblowers reporting securities and commodities violations and abuses, the SEC may have signaled a new attitude toward encouraging whistleblowers.

The SEC recently announced its first million dollar award for a whistleblower’s report of information about insider trading involving hedge fund adviser Pequot Capital Management, Inc., its chief executive, Arthur J. Samberg, and David E. Zilkha, a Microsoft employee.

Although $1 million may not sound like much when compared to the losses caused by the Madoffs of the world, it is a dramatic improvement over what the SEC had done before.

In following the development of the new SEC Whistleblower Program, we previously discussed the Inspector General’s summary of how, over the past eleven years, the SEC had paid a total of less than $160,000 to reward whistleblowers under the “old” SEC bounty program for whistleblowers. The IG reported:

The SEC bounty program has made very few payments to whistleblowers since its inception and received a relatively small number of bounty applications. As a result, the program’s success has been minimal and its existence is practically unknown.
Since the inception of the SEC bounty program in 1989, the SEC has paid a total of $159,537 to five claimants as detailed in Table 1 below.

Table 1: Bounty Payments to Whistleblowers Bounty Claimant Year Bounty Amount 1) Claimant 1 1989 $3,500 2) Claimant 2 2001 $18,152 3) Claimant 3 2002 $29,079 4) Claimant 4 2005 $17,500 4) Claimant 4 2006 $29,920 4) Claimant 4 2009 $55,220 5) Claimant 5 2007 $6,166
Total $159,537
Source: OIG Generated

Just as another Inspector General’s report in 2006 set the stage for the successful new IRS Whistleblower Program that is attracting many reports of even billions in tax liability, let’s hope this Inspector General’s report has motivated the SEC to make full use of the opportunity to build a meaningful whistleblower program. We are already getting calls from potential Wall Street whistleblowers wishing to take advantage of it, and it could be a rewarding process–depending on how well the SEC seizes the opportunity.

The SEC’s recent announcement of the $1 million reward is reprinted below:
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How Do You Choose a Wrongful Death Lawyer in Duluth?

September 3, 2026
Finch McCranie, LLP

To choose a wrongful death lawyer in Duluth, consider the attorney’s experience with similar cases, ability to investigate complex claims, trial preparation, available resources, communication style, and fee structure.

Losing a family member because of possible negligence can leave you facing grief, financial concerns, and difficult legal decisions at the same time. Choosing legal representation should therefore involve more than selecting the first name shown in search results.

A lawyer should be able to determine who may file, preserve evidence, investigate fault, document the family’s losses, and deal with insurers or defense attorneys. The lawyer should also communicate with sensitivity and give the case the time it requires.

The right lawyer should explain the strengths and challenges of your case honestly without promising a specific result.

Georgia generally allows two years to file a wrongful death lawsuit, although exceptions may change the deadline.

Finch McCranie LLP has handled wrongful death and serious personal injury matters for more than 50 years.

The firm reports recovering more than $500 million in verdicts and settlements across its practices.

The firm has offices in Duluth and Atlanta.

A useful consultation should cover experience, strategy, communication, costs, and responsibility for the case.

Why Does Choosing the Right Lawyer Matter?

Choosing the right lawyer matters because wrongful death cases can involve disputed liability, multiple claims, expert evidence, significant damages, and strict filing requirements.

A wrongful death case is a civil claim arising when a person dies because of another party’s wrongful act, negligence, recklessness, or intentional conduct.

These cases may involve fatal truck collisions, medical malpractice, unsafe conditions, or other preventable events.

The lawyer must first determine whether the facts support a claim and identify the person authorized to bring it.

Georgia law generally gives priority to a surviving spouse, children, or parents, depending on the family structure. An estate representative may pursue certain related claims.

The lawyer may also need to distinguish between:

Wrongful Death Claim	Estate Claim
Addresses the “full value of the life” of the deceased	Addresses losses belonging to the deceased or estate
Usually pursued by eligible surviving relatives	Usually pursued by the estate’s personal representative
May include economic and intangible components	May include final medical expenses, funeral expenses, and the deceased’s conscious pain and suffering
Filing authority depends on the family structure	Requires proper estate authority

These claims can overlap, but they are legally distinct. A qualified lawyer for wrongful death should identify every available claim and ensure that it is brought by the proper person.

What Experience Should the Lawyer Have?

The lawyer should have substantial experience with fatal-injury cases that resemble the circumstances of your family’s loss.

General courtroom experience is useful, but it does not automatically establish experience with wrongful death litigation.

Ask how frequently the attorney handles fatal injury claims and whether those cases involve similar issues.

Relevant experience may include:

Investigating deaths involving commercial trucks
Reviewing medical records in fatal malpractice claims
Identifying multiple responsible companies
Working with medical, financial, safety, or accident-reconstruction experts
Calculating economic and intangible losses
Taking depositions and presenting evidence at trial
Coordinating wrongful death and estate claims

See how a Duluth, GA wrongful death lawyer can investigate negligence, preserve evidence, identify responsible parties, and pursue an eligible family’s claim.

Do not rely on the number of years a person has held a law license alone. Ask how those years relate to complex wrongful death investigations, negotiations, and trials.

Have Questions About Wrongful Death Attorney Fees?

Get clear answers about fees, expenses, and your legal options during a confidential consultation.

Call (404) 341-5314

How Can You Evaluate the Lawyer’s Results?

Evaluate prior results for relevance and context rather than assuming that the largest advertised number predicts what will happen in your case.

Past results can show whether a lawyer has handled serious disputes, worked with complicated evidence, or taken cases through trial.

However, every death, family structure, insurance policy, defendant, and evidentiary record is different.

When reviewing results, ask:

Was the matter a wrongful death case?
Were liability and causation disputed?
Did it involve facts similar to this case?
Was the outcome obtained through settlement, judgment, or jury verdict?
What challenges did the lawyer have to overcome?
Who at the firm performed the principal work?

Finch McCranie LLP states that it has handled serious personal injury and wrongful death matters since 1966 and has recovered more than $500 million in verdicts and settlements across its practices.

These figures provide background about the firm, but they are not guarantees of a future result.

The firm’s broader Atlanta wrongful death attorney page provides additional information about its experience and approach to wrongful death claims.

What Questions Should You Ask During a Consultation?

Ask questions that reveal who will handle the case, how the firm will investigate it, what it will cost, and how your family will receive updates.

A consultation should help both the family and the attorney decide whether the relationship is a suitable fit.

Use this checklist:

How many wrongful death cases have you handled?
Have you handled cases involving similar facts?
Who will have primary responsibility for my case?
Will I communicate directly with an attorney?
What evidence needs to be preserved immediately?
What weaknesses or uncertainties do you see?
Which experts may be needed?
How will damages be evaluated?
Do you prepare cases for trial?
How often will I receive updates?
How are attorney fees and case expenses handled?
What happens if the case does not produce a recovery?

Pay attention to the clarity of the answers. A trustworthy wrongful death attorney should explain legal concepts in understandable language and acknowledge when an answer depends on further investigation.

Does the Lawyer Have Sufficient Resources?

The law firm should have the personnel, time, expert relationships, technology, and financial capacity needed to develop a serious wrongful death case.

Fatal injury litigation can require extensive records, witness interviews, site inspections, electronic data, depositions, expert testimony, demonstrative evidence, and months or years of preparation.

A larger firm is not automatically better, and a smaller firm is not automatically more attentive. The useful question is whether the wrongful death law firm can give your case the resources it reasonably requires.

A typical case may progress through the following stages:

Initial review: The lawyer examines available records and identifies filing authority, potential defendants, and deadlines.

Evidence preservation: Letters and legal notices may be sent to prevent relevant documents, video, equipment, or electronic records from being destroyed.

Independent investigation: Attorneys gather records, interview witnesses, inspect physical evidence, and consult qualified experts.

Claim evaluation: The legal team analyzes liability, causation, insurance coverage, and the family’s economic and intangible losses.

Filing and discovery: If a lawsuit is filed, the parties exchange records, take depositions, and challenge each other’s evidence.

Negotiation or trial: The parties may negotiate at several points, but the lawyer should remain prepared to present the case in court.

For a more detailed explanation of these stages, review the firm’s wrongful death lawsuit timeline .

How Should the Lawyer Communicate With Your Family?

The lawyer should communicate clearly, respond within a reasonable time, explain important decisions, and treat grieving family members with patience and respect.

Communication is not merely a customer-service issue. Families may need to make decisions about evidence, settlement offers, estate administration, discovery, and trial. They need enough information to make those decisions thoughtfully.

Before hiring an attorney, ask:

Who will provide routine updates?
How quickly does the firm usually return calls?
Can updates be provided by telephone, email, or video meeting?
Will the lawyer explain major filings and settlement offers?
How will disagreements among family members be handled?
Who should the family contact when the primary lawyer is unavailable?

Finch McCranie LLP describes its approach as compassionate and team-oriented, with an emphasis on returning calls, communicating clearly, and treating clients as its lawyers would want to be treated.

How Much Does Representation Cost?

Many wrongful death attorneys use contingency fees, but families should obtain a written agreement explaining the percentage, litigation expenses, and what happens if no recovery is made.

Under a contingency arrangement, the attorney’s fee is calculated as an agreed percentage of the amount recovered. This does not necessarily mean that every expense is automatically waived.

Ask whether potential expenses include:

Medical-record charges
Court filing and service fees
Expert consultation and testimony
Deposition transcripts
Accident reconstruction or testing
Travel and evidence-storage costs
Trial exhibits and demonstrative materials

The State Bar of Georgia advises clients to request a written fee agreement and ask questions about terms they do not understand. Clear terms at the beginning can help prevent later disagreements.

Never choose an attorney based only on the lowest fee. Compare the proposed fee with the lawyer’s experience, workload, resources, responsibilities, and willingness to prepare the claim fully.

Have Questions About Wrongful Death Attorney Fees?

Get clear answers about fees, expenses, and your legal options during a confidential consultation.

Call (404) 341-5314

Why Does Local Knowledge Matter in Duluth?

Local knowledge can help a lawyer understand the courts, agencies, roads, medical providers, and practical procedures connected to a Duluth wrongful death case.

Duluth is in Gwinnett County and is part of the larger Atlanta metropolitan area. Depending on the facts and defendants, a lawsuit may be filed in Gwinnett County or another proper venue.

Local familiarity may help when obtaining records, locating witnesses, arranging inspections, or working with professionals in the area. However, an office address by itself does not prove that an attorney has the experience required for a complex case.

A family searching for an experienced wrongful death lawyer near me should consider both convenience and capability. The stronger choice is usually the attorney who combines accessible communication with relevant legal and trial experience.

Finch McCranie LLP maintains an office at 3160 Main Street, Suite 102, Duluth, GA 30096, as well as an Atlanta office.

What Warning Signs Should You Avoid?

Avoid lawyers who guarantee an outcome, pressure you to sign immediately, give unclear answers about fees, or cannot explain who will handle the case.

Myth vs. Fact

✗ Myth: The lawyer with the biggest advertisement must be the best choice.

✓ Fact: Advertising does not establish relevant case experience, resources, or client service.

✗ Myth: Every wrongful death case has a predictable settlement value.

✓ Fact: Value depends on liability, evidence, family circumstances, damages, insurance, and other case-specific factors.

✗ Myth: A civil claim cannot proceed without criminal charges.

✓ Fact: Civil and criminal proceedings serve different purposes and use different standards.

✗ Myth: Every claim must go to trial.

✓ Fact: Some cases settle, but careful trial preparation may strengthen the negotiating position.

✗ Myth: Families have plenty of time to select a lawyer.

✓ Fact: Legal deadlines and disappearing evidence can make delay harmful.

Additional warning signs include:

Refusing to provide a written fee agreement
Making promises before reviewing the records
Avoiding questions about trial experience
Passing every question to nonlawyer personnel
Providing no plan for preserving evidence
Pressuring the family to accept an early settlement
Failing to identify potential conflicts of interest

For more clarification, review Wrongful Death Claim Myths and Facts Every Family Should Know .

How Should You Compare Your Final Choices?

Compare each lawyer using consistent criteria rather than relying only on advertising, personality, or a single case result.

Selection Factor	What to Look For
Wrongful death experience	Regular experience handling fatal-injury claims
Similar case experience	Familiarity with cases involving comparable facts and legal issues
Trial preparation	Ability and willingness to prepare the case for court
Evidence preservation	A clear plan for securing records, footage, physical evidence, and witness statements
Experts and resources	Access to appropriate experts, investigators, personnel, and technology
Communication	Clear answers, reasonable response times, and regular case updates
Fee transparency	A written agreement explaining fees, expenses, and payment terms
Personal trust	Respectful treatment and genuine attention to your family’s concerns

No single factor should determine your choice. Consider whether the attorney listened carefully, answered difficult questions honestly, and explained the potential strengths and challenges of your case.

A consultation should give you a clearer understanding of your legal options. If you feel rushed, confused, or pressured, consider consulting another wrongful death attorney before signing an agreement.

What Should Your Family Do Next?

Your family should preserve available information, prepare focused questions, and speak with a qualified attorney before evidence disappears or a filing deadline passes.

Collect the documents already available without delaying the consultation. These may include death certificates, incident reports, medical records, photographs, videos, insurance correspondence, witness information, employment records, and funeral bills.

A missing police report does not necessarily prevent an investigation. Other evidence may help establish what occurred, as explained in Can a Duluth Wrongful Death Attorney Help if There’s No Police Report?

Georgia wrongful death deadlines can involve important exceptions, tolling rules, and related estate issues.

The general two-year period should not be treated as permission to wait. A case-specific review is necessary.

Choosing a lawyer is ultimately about finding the right combination of experience, resources, communication, preparation, and trust. No attorney can guarantee a result, but the attorney should be able to describe a careful and evidence-based path forward.

Have Questions About Wrongful Death Attorney Fees?

Get clear answers about fees, expenses, and your legal options during a confidential consultation.

Call (404) 341-5314

FAQ’s

What Questions Should I Ask a Wrongful Death Lawyer Before Hiring Them?

Ask about the lawyer’s relevant experience, trial preparation, investigation process, expert resources, communication policy, fees, and case expenses. You should also ask what potential strengths and challenges the lawyer identifies based on the currently available information.

Why Should I Hire a Lawyer for a Wrongful Death Claim?

A lawyer for wrongful death can investigate the circumstances, determine who may file, identify potentially responsible parties, preserve evidence, and document eligible losses. The lawyer can also communicate with insurers, negotiate a resolution, and prepare the case for court when necessary.

How Much Does a Wrongful Death Attorney Charge in Georgia?

Many wrongful death attorneys work under contingency-fee agreements, meaning their fee is based on an agreed percentage of the recovery. Review the written agreement carefully to understand the percentage, responsibility for case expenses, and what happens if no compensation is recovered.

How Soon Should I Contact a Wrongful Death Lawyer in Duluth?

Contact a lawyer as soon as you suspect that negligence or wrongful conduct contributed to the death. Prompt action may help preserve surveillance footage, electronic information, physical evidence, records, and witness recollections before they become unavailable.

Can I Speak With More Than One Wrongful Death Law Firm?

Yes. Consulting more than one firm can help you compare experience, proposed strategies, communication styles, resources, and fee terms. However, avoid unnecessary delays because legal deadlines and the availability of important evidence may affect the claim.

Can a Wrongful Death Attorney Estimate the Value of My Claim Immediately?

An attorney usually cannot provide a reliable estimate before investigating liability, damages, insurance coverage, and the circumstances of the deceased person’s life. Be cautious of anyone who guarantees a particular settlement or result during the initial consultation.

Should I Choose a Local Wrongful Death Lawyer in Duluth?

A local office can make meetings more convenient and may provide familiarity with Gwinnett County procedures, but location should not be the only consideration. Choose an attorney who offers the appropriate combination of relevant experience, investigative resources, trial preparation, communication, and trust.

What Are the Challenges of Defending Against Wrongful Death Allegations?

July 28, 2026
Finch McCranie, LLP

Defending a wrongful death lawsuit can involve significant legal, financial, and emotional challenges.

These cases often include complex evidence, disputed facts, expert testimony, and substantial compensation claims.

However, an allegation does not automatically establish legal responsibility.

The defense can challenge whether the defendant owed a legal duty, whether their conduct caused the death, and whether the claimed damages are supported by evidence.

The defense may also examine who contributed to the incident and whether the lawsuit meets applicable legal requirements.

The Legal Grounds Behind a Wrongful Death Claim

A wrongful death claim generally arises when a person’s death is allegedly caused by another party’s negligence, recklessness, or wrongful conduct.

Defendants may include individuals, businesses, healthcare providers, employers, property owners, or manufacturers.

These claims can result from motor vehicle accidents, medical malpractice, workplace accidents, defective products, dangerous property conditions, construction incidents, or nursing home abuse.

The defense may challenge whether the defendant owed a duty of care, breached that duty, caused the death, or whether the survivors suffered legally compensable losses.

Establishing What Truly Caused the Death

Causation is often a key issue in wrongful death cases.

An injury or incident does not automatically prove that the defendant’s conduct caused the death, especially when underlying medical conditions or multiple factors are involved.

The defense may review medical records, autopsy findings, accident reports, and expert opinions to determine the actual cause of death.

If the evidence does not establish a clear connection between the defendant’s conduct and the fatal outcome, the defense may challenge the causation element of the claim.

Challenging Claims of Negligence

Many wrongful death lawsuits are based on allegations of negligence.

The defense may challenge whether the defendant acted unreasonably under the circumstances.

For example, in a fatal traffic accident, the plaintiff may allege that a driver was speeding or distracted.

The defense may present evidence showing that the driver followed traffic laws or that another factor caused the collision.

In a premises liability case, a property owner may argue that they did not know about the dangerous condition or that the condition was not reasonably foreseeable.

Similarly, an employer accused of causing a workplace death may contend that appropriate safety procedures were in place and that the incident resulted from an unforeseeable event.

The defense may rely on witness testimony, photographs, surveillance footage, company policies, inspection records, and other documentation to challenge allegations of negligence.

Examining the Deceased Person’s Role in the Incident

In certain cases, the defense may argue that the deceased person’s own actions contributed to the accident or injuries.

For example, evidence may indicate that the deceased was speeding, failed to follow safety instructions, ignored warnings, or engaged in conduct that contributed to the incident.

Whether this argument affects the outcome depends on the jurisdiction.

Some states follow comparative negligence rules, which may reduce compensation based on the percentage of fault assigned to the deceased. Other jurisdictions apply different standards that can have a greater impact on recovery.

The defense must therefore examine the deceased person’s actions carefully and determine whether there is credible evidence showing that those actions contributed to the fatal event.

This type of defense can be particularly sensitive because it involves discussing the conduct of someone who is no longer able to explain their actions.

For that reason, the argument should be based on reliable evidence rather than assumptions.

Dealing With Complex Medical Causation

Medical malpractice wrongful death cases can be difficult because patients may have complex medical histories and multiple health conditions.

The defense may argue that the provider followed the appropriate standard of care or that the underlying condition caused the death.

Medical experts may review records, test results, and treatment decisions to determine whether an alleged error directly caused the fatal outcome.

Ultimately, proving that a medical mistake occurred is not enough; the plaintiff must also show that the mistake caused the death.

Sorting Through Conflicting Evidence

Wrongful death cases often involve evidence from multiple sources, which may sometimes conflict.

Witness statements, police reports, medical records, and other documents may provide different accounts of what happened.

The defense must carefully assess the reliability of evidence such as accident reports, medical and autopsy records, photographs, security footage, vehicle data, and safety documents.

While conflicting evidence does not automatically defeat a claim, inconsistencies may raise questions about what happened and whether the plaintiff can prove the required elements of the case.

Responding to Expert Witnesses

Expert witnesses often play an important role in complex wrongful death cases.

They may provide opinions on medicine, accident reconstruction, workplace safety, product defects, or financial losses.

The defense may challenge an expert’s qualifications, methods, assumptions, or conclusions and present its own experts with alternative explanations.

Carefully evaluating expert testimony and supporting evidence can be critical to the defense strategy.

Contesting the Amount of Compensation Claimed

The defense may also challenge the amount of compensation sought by the plaintiff.

Depending on applicable law, claims may include medical and funeral expenses, lost income, financial support, household services, companionship, and emotional distress.

The defense may question whether these losses are supported by evidence or whether calculations are reasonable. Future financial losses and non-economic damages can be especially difficult to measure, often leading to disputes over the actual value of the claimed losses.

Addressing Multiple Potentially Responsible Parties

Some wrongful death cases involve multiple potentially responsible parties, such as employers, contractors, property owners, manufacturers, or drivers.

The defense may investigate whether another party caused or contributed to the death.

Depending on applicable law, liability may be divided among multiple parties.

Identifying all relevant parties can affect defense strategy, insurance coverage, settlement negotiations, and the allocation of liability.

Dealing With the Emotional Weight of the Case

Wrongful death cases are highly sensitive because of the profound impact on surviving family members.

Defendants must present legal arguments carefully, especially when challenging the family’s claims or discussing the deceased person’s conduct.

The defense should focus on relevant evidence and applicable law rather than personal attacks.

Respectful communication can help present legitimate legal arguments while protecting the defendant’s interests.

Raising Procedural and Legal Defenses

A wrongful death defense may involve procedural and legal issues unrelated to the underlying facts.

The defense may question whether the plaintiff has the legal right to file the claim, whether it was filed on time, or whether required notices were properly provided.

Other issues may include naming the correct defendant and establishing the required elements of the claim.

These issues can affect whether the case proceeds and often require careful review of applicable laws and court rules.

Preserving Evidence Before It Disappears

Early investigation is crucial in wrongful death cases because evidence can become harder to obtain over time. Witnesses may forget details, surveillance footage may be deleted, and physical conditions may change.

The defense may need to quickly preserve records, inspect the scene, review electronic data, interview witnesses, and consult experts.

A prompt investigation can help uncover important facts and identify weaknesses in the allegations.

Settlement Negotiations and Trial Preparation

Not every wrongful death case goes to trial. Some are resolved through settlement, which can help avoid the time, expense, uncertainty, and emotional strain of prolonged litigation.

The defense must evaluate whether settlement is appropriate based on the evidence and potential liability.

If negotiations fail, the defense should be prepared to present evidence, question witnesses, challenge experts, and argue that the plaintiff has not proven the claim.

Trial preparation can also strengthen settlement negotiations by clarifying the risks for both sides.

How a Defense Attorney Can Help

Wrongful death cases involve complex legal and factual issues.

A defense attorney can investigate the allegations, evaluate evidence, and determine applicable defenses.

Depending on the case, an attorney may review the complaint, preserve evidence, interview witnesses, consult experts, challenge causation, dispute damages, identify other responsible parties, negotiate settlements, and prepare for trial.

The defense strategy should be based on credible evidence and the specific facts of the case.

Final Thoughts

Defending a wrongful death claim can be challenging due to complex legal, emotional, and financial issues.

The defense may need to challenge negligence and causation, respond to expert testimony, dispute damages, and address procedural requirements.

A strong defense begins with a thorough investigation, evidence preservation, and identification of all potentially responsible parties.

If you or your organization faces a wrongful death claim, seeking legal guidance promptly can help protect your interests and determine the appropriate defense strategy.

Frequently Asked Questions

What is the most common defense in a wrongful death case?

Common defenses may include disputing negligence, challenging causation, arguing that another party was responsible, or presenting evidence that the deceased person’s own actions contributed to the incident. The appropriate defense depends on the specific facts and applicable law.

Can a defendant argue that they did not cause the death?

Yes. Causation is often a central issue in wrongful death litigation. A defendant may present evidence showing that another event, medical condition, or party caused the death or that the alleged conduct was not the legal cause of the fatal outcome.

Can the deceased person be considered partly responsible?

In some jurisdictions, the defense may argue that the deceased contributed to the accident or injuries. Depending on the applicable negligence rules, this may reduce the compensation available to surviving family members or affect the claim in other ways.

How can a defendant challenge a wrongful death claim based on medical malpractice?

The defense may argue that the healthcare provider met the required standard of care or that the alleged error did not cause the death. Medical expert testimony is often important when evaluating these arguments.

What happens when several parties may be responsible?

The defense may investigate the conduct of other individuals or organizations that may have contributed to the death. Depending on applicable law, liability may be divided among multiple parties.

Hire Wrongful Death Lawyers After an Apartment Complex Shooting

July 9, 2026
Finch McCranie, LLP

A fatal shooting at an apartment complex can leave families facing not only the emotional impact of a sudden loss but also difficult questions about whether the tragedy could have been prevented.

Although the individual responsible for the shooting may face criminal prosecution, an apartment owner or property manager may also bear civil liability if inadequate security measures contributed to a foreseeable risk of violent crime.

In Georgia, a wrongful death claim may allow eligible family members to seek compensation when negligent security or other breaches of a property owner’s duty of care are shown to have played a role in the death.

Understanding how these claims work can help families evaluate their legal options after an apartment complex shooting.

Why Legal Guidance Can Be Important After an Apartment Complex Shooting

The aftermath of a fatal apartment complex shooting can be overwhelming for surviving family members.

Along with coping with the loss of a loved one, families may face questions about ongoing investigations, insurance communications, and whether anyone other than the shooter may bear legal responsibility.

Because criminal and civil proceedings serve different purposes, the outcome of a criminal case does not necessarily determine whether a wrongful death claim is available.

An attorney can explain how Georgia wrongful death law applies to the family’s circumstances, identify who may have the legal right to file a claim, and help ensure important deadlines are not overlooked.

Early legal guidance can also help families understand the legal process, evaluate potential claims, and make informed decisions based on the specific facts of the case rather than assumptions or incomplete information.

Can an Apartment Shooting Lead to a Wrongful Death Claim?

Yes, a fatal apartment shooting may lead to a wrongful death claim under Georgia law if another party’s negligence contributed to the circumstances surrounding the death.

Although the shooter may face criminal prosecution, a separate civil claim may be available if an apartment owner, property manager, security company, or another responsible party failed to exercise reasonable care in maintaining a reasonably safe property.

Not every apartment shooting gives rise to a wrongful death lawsuit.

Whether a claim exists depends on the facts of the case, including the property’s conditions, the actions of those responsible for managing it, and whether there is evidence of negligence that may have contributed to the incident.

Because these cases are highly fact-specific, talking to one of the best wrongful death lawyers can help families understand their legal rights, determine whether a claim may be available, and evaluate the options provided under Georgia law.

How Does a Wrongful Death Claim Work?

A wrongful death claim is a civil lawsuit that allows certain surviving family members, or in some cases the deceased person’s estate, to seek compensation when a person’s death is caused by another party’s negligent or wrongful conduct.

Unlike a criminal case, which is brought by the government to determine criminal liability, a wrongful death claim focuses on whether another party can be held financially responsible for the losses resulting from the death.

The process typically begins with evaluating the circumstances of the incident to determine whether a valid legal claim exists.

If appropriate, the claim is filed against the party or parties alleged to have contributed to the death.

During the case, both sides may exchange evidence, interview witnesses, and present expert opinions before attempting to resolve the matter through settlement or, if necessary, litigation.

Because Georgia law governs who may file a wrongful death claim and establishes specific procedural requirements and deadlines, consulting a wrongful death lawyer can help families understand how the process applies to their particular situation.

When Can an Apartment Complex Be Liable?

An apartment complex is not automatically responsible whenever a fatal shooting occurs on its property.

Liability depends on whether the owner, management company, or another responsible party failed to meet its legal duty to maintain reasonably safe premises under the circumstances.

In Georgia, this often requires showing that the property owner knew or should have known about a safety risk and failed to take reasonable steps to address it.

Whether an apartment complex may be held liable depends on the specific facts of the case.

Factors such as the property’s security measures, maintenance of access points, prior safety concerns, and the circumstances surrounding the shooting may all be considered.

These cases frequently involve complex legal and factual issues, determining liability usually requires a careful review of the available evidence and applicable Georgia law.

Why Hiring a Wrongful Death Lawyer Matters

Wrongful death claims arising from apartment complex shootings often involve multiple parties, extensive records, and disputed questions of liability.

Property owners, management companies, security contractors, and insurers may each have different positions regarding responsibility.

An experienced wrongful death lawyer can evaluate the facts, identify potentially liable parties, explain how Georgia law applies to the case, and guide families through each stage of the legal process.

Legal representation can also help ensure that important records are obtained, filing deadlines are met, and communications with insurers and opposing parties are handled appropriately.

While no attorney can guarantee the outcome of a case, timely legal guidance can help families understand their rights and make informed decisions based on the available evidence.

What Compensation May Be Available in an Apartment Shooting Wrongful Death Claim?

A wrongful death claim may provide compensation for the financial and personal losses resulting from the death of a loved one.

The amount and type of compensation available depend on the circumstances of the case and the damages recognized under applicable law.

As every claim is unique, compensation is determined on an individual basis rather than through a fixed formula.

Depending on the facts, eligible family members may seek compensation for the full value of the deceased person’s life, as well as funeral and burial expenses, medical costs incurred before death, and the loss of financial support or services the deceased would have provided.

In certain situations, the deceased person’s estate may also pursue separate claims for damages arising before death, such as medical expenses and conscious pain and suffering, when supported by the circumstances.

A wrongful death lawyer can explain the categories of damages that may apply, answer questions about the claims process, and help families understand the compensation that may be available based on their particular situation.

Conclusion

Every apartment shooting case presents its own legal and factual challenges.

A thorough evaluation of the circumstances can help determine the appropriate course of action and whether a civil claim may be available.

Seeking timely legal advice allows families to better understand their options moving forward.

Compassionate Legal Support When You Need It Most

Losing a loved one in an apartment complex shooting is a devastating experience, and families are often left with unanswered questions about what happened and whether someone else may share legal responsibility.

During this difficult time, understanding your rights and the legal process can feel overwhelming.

Finch McCranie LLP provides compassionate legal guidance to families seeking answers after a fatal apartment complex shooting.

Our firm can access the circumstances of the incident, identify potentially responsible parties, explain the claims process, and help protect your family’s interests throughout the case.

If you have lost a loved one in an apartment complex shooting, you can consult with a wrongful death lawyer to know your legal options and make informed decisions about the next steps.

For more information, schedule a consultation and discuss your situation with an experienced attorney.

FAQs

Who Can File a Wrongful Death Claim After an Apartment Complex Shooting?

The right to file a wrongful death claim depends on the relationship between the deceased and the surviving family members. Because eligibility is determined by state law and individual circumstances, it is important to obtain legal guidance before taking action.

Can an Apartment Complex Be Held Responsible for a Fatal Shooting?

An apartment complex may be legally responsible if its actions or failures contributed to conditions that increased the risk of a fatal shooting. Whether liability exists depends on the specific facts and the responsibilities of those involved in managing the property.

Can a Civil Wrongful Death Claim Proceed if There Is a Criminal Case?

Yes, a wrongful death claim is a civil matter that is independent of any criminal prosecution. Families may have the option to pursue a civil claim even while a criminal investigation or court proceeding is ongoing.

What Documents May Be Helpful When Discussing a Wrongful Death Case?

Any information related to the incident may be useful, including police reports, medical records, photographs, insurance correspondence, witness information, or other available documents. If certain records are unavailable, an attorney can advise on how they may be obtained.

Can More Than One Party Be Named in a Wrongful Death Lawsuit?

Depending on the circumstances, a wrongful death claim may involve multiple defendants if more than one person or entity is alleged to have contributed to the events leading to the death. The parties involved vary based on the facts of each case. A wrongful death attorney can review the available information, identify potentially responsible parties, and explain whether claims may be brought against one or multiple defendants.

How to Know If You Have a Medical Malpractice Case

April 7, 2026
Finch McCranie, LLP

Medical treatment does not always lead to the outcome a patient expects.

Some treatments are unsuccessful even when doctors follow the proper standard of care.

However, there are situations where a medical provider makes a preventable mistake that causes serious harm.

When that happens, the patient may have grounds for a medical malpractice claim.

Many people are unsure whether what happened to them qualifies as medical malpractice.

They may know something went wrong, but they are not sure if the mistake was avoidable or if the provider can be held legally responsible.

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How Much Can You Recover in a Wrongful Death Lawsuit?

February 16, 2026
Finch McCranie, LLP

Wrongful death lawsuit compensation in Georgia is based on the full value of the life of the person who passed away due to another party’s negligence.

When a family loses a loved one in a preventable accident, the emotional loss is overwhelming.

At the same time, financial pressures often intensify due to lost income, medical bills, and funeral expenses.

Georgia law allows certain family members to pursue compensation for death by negligence. The amount recovered depends on multiple legal, financial, and factual factors.

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Navigating Truck Accident Lawsuits: Product Liability & Medical Malpractice

April 24, 2024
Finch McCranie, LLP

In the realm of personal injury law, few incidents carry the potential for devastation, quite like truck accidents. These collisions often result in severe injuries, significant property damage, and, tragically, loss of life. When such accidents occur, victims and their families are thrust into a complex legal landscape where multiple factors may contribute to the incident’s cause and subsequent liability.

Understanding Truck Accident Lawsuits

Truck accident lawsuits are legal proceedings initiated by individuals who have suffered harm due to a collision involving a commercial truck. These lawsuits seek to hold responsible parties accountable for their negligence or misconduct, with the ultimate goal of securing compensation for the victim’s damages.

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10 questions to ask before hiring a truck accident lawyer

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Register for 2024 “Whistleblower Law Symposium”–Live Event (Virtually) on March 13

March 11, 2024
Michael Sullivan

For many years, Michael Sullivan of our firm and his colleague Jim Breen have organized the “Whistleblower Law Symposium.” It has consistently received high marks from participants.

This year’s Symposium will be available either in-person or online on Wednesday, March 13, starting at 815 am EDT. It offers 7.5 CLE hours, including 1 Ethics hour and 4 Trial Practice hours. Cost is $279.

You can register (and see the full Agenda) here: atlantabar.org/…. Topics include:

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The Silent Battle: How to Win Your Medical Negligence Lawsuit

January 9, 2024
Finch McCranie, LLP

Medical negligence lawsuits can be daunting, but understanding the intricacies of the legal process is crucial for success.

In this guide, we’ll navigate the silent battle of medical negligence lawsuits, shedding light on critical aspects, strategies, and tips to help you emerge victorious.

Understanding Medical Negligence

Medical negligence occurs when a healthcare professional deviates from the standard of care, harming the patient.

It’s essential to recognize the signs and understand that not all medical complications result from negligence.

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Hiring the Right Advocate: A Guide to Medical Negligence Attorneys in Atlanta

December 3, 2023
Finch McCranie, LLP

Pursuing justice in medical negligence cases in Atlanta requires a skilled legal ally.

Finding the right attorney is crucial when you or a loved one has experienced harm due to medical malpractice.

A Medical Negligence Attorney in Atlanta can be the key to navigating the complex legal terrain and securing the compensation you deserve.

Understanding Medical Negligence

Medical negligence, also known as medical malpractice, occurs when a healthcare professional fails to provide the standard of care expected in their field, harming the patient.

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