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Health Care Industry and 2009-2010 Changes to False Claims Act

June 6, 2010
Michael Sullivan

The health care industry is adjusting to major changes to the nation’s major “whistleblower” law, the False Claims Act.

Both in 2009 and 2010, Congress has removed obstacles to whistleblowers’ use of this anti-fraud statute to address Medicare and Medicaid fraud, as well as fraud affecting every other federal program. As we have written about previously, the Fraud Enforcement and Recovery Act of 2009 (“FERA”) overruled key judicial decisions that had undermined the the False Claims Act’s effectiveness.

This year, the landmark health
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Offshore Tax Evasion Scheme to Defraud IRS Alleged in Indictment of Miami Beach Developers

May 27, 2010
Michael Sullivan

A high priority for IRS Whistleblower cases is the abuse of offshore “tax havens” or offshore financial centers to conceal income from the IRS that is subject to U.S. taxation. Over drinks in Miami Beach recently with IRS agents who worked the massive UBS matter, I discussed some of the recent announced cases the IRS has made involving offshore abuses.

Using shell corporations and “nominee” entities established in the Cayman Islands, Switzerland, or a host of other countries that market “secrecy,” those looking to conceal income from the IRS, or assets from potential creditors, have made offshore tax havens a booming business.

An interesting example of allegations of offshore tax violations was described in the Justice Department’s announcement yesterday of the indictment of two Miami Beach hotel developers. Mauricio Cohen Assor and his son, Leon Cohen-Levy. They were charged with conspiring to defraud the United States and filing false tax returns. The government alleged as follows:

According to court documents, the two men and their co-conspirators used nominees and shell companies formed in tax haven jurisdictions, including the Bahamas, the British Virgin Islands, Panama, Liechtenstein and Switzerland to conceal their assets and income from the IRS. In order to further conceal their assets and income from the IRS, court documents state the men also provided false and forged documents to banks, opened bank accounts in the name of nominees, titled their personal residences and luxury vehicles in the name of shell companies, filed false and fraudulent tax returns, failed to file other tax returns, suborned perjury in a civil matter pending before the New York Supreme Court by directing individuals to testify falsely under oath, and induced other individuals to make false statements to federal law enforcement agents.

Both defendants are permanent resident aliens who, in 2000, received approximately $33 million from the sale of the New York Flatotel, according to the government. They transferred the proceeds using various Swiss bank accounts in the names of foreign nominee entities, including at least one “bearer share” corporation.

When bearer shares are used, the corporation’s records do not list its owners, as the owners are whoever has physical possession of the stock certificates. As IRS Special Agent Scott Johnson testified by affidavit, “[b]earer share corporations are often used to hide the true ownership of assets because ownership records are not maintained and nominee officers and directors are often used to control the affairs of the corporation.’

Later, the defendants allegedly transferred the funds to accounts of nominee companies at that bank’s New York location, and later to the escrow account of a Florida attorney. The government also alleged that defendants used the money to “fund a luxury lifestyle for themselves and for their family members.”

Offshore tax abuse remains a great priority of the IRS, and thus is a major focus of many IRS Whistleblower claims. The new IRS Whistleblower Program recognizes that whistleblowers have an enforceable right to 15-30% of what the IRS recovers based on information whistleblowers provide.

The government’s full press release is below:
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More Details of UBS Whistleblower Birkenfeld’s Prosecution Explained in Washington Post

May 15, 2010
Michael Sullivan

The Sunday, May 15, 2010 Washington Post will include more details on a perplexing question we have written about: how did UBS whistleblower Bradley Birkenfeld get himself prosecuted for a felony, and earn a prison sentence, while he sought to become an IRS whistleblower?

The story by David S. Hilzenrath explains more of the “dance” between Birkenfeld and prosecutors as he apparently partially told the government what he knew about wrongdoing at UBS.

Birkenfeld blew an opportunity to avoid prosecution for his
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Should SEC Whistleblowers Have Right to Share in Recoveries That They Cause?

May 4, 2010
Michael Sullivan

Congress is at a crossroads in deciding whether there will be a meaningful SEC Whistleblower Program–for the first time.

At this morning’s Offshore Alert conference in Miami, we heard from the SEC Chair’s Senior Advisor Stephen Cohen on this subject, as well as insight from IRS Whistleblower Office Director Steve Whitlock on how the IRS Whistleblower Program is now designed to encourage whistleblower claims.

As we have observed previously about the bills that would create an SEC Whistleblower program, past experience shows that an enforceable right to a meaningful reward is essential to cause whistleblowers to come forward.

The SEC apparently resists guaranteeing whistleblowers a minimum percentage of dollars recovered, as evidenced by the House version of the bill that lacks this feature. The SEC’s Steve Cohen explained that the SEC does not wish to commit funds that might otherwise go to harmed investors. He nonetheless contended that the SEC’s proposal may be better for whistleblowers because it pays from a special fund designated for this purpose, based on sanctions imposed, not collected.

Compare the experiences of the Justice Department and the IRS, however. When each had whistleblower statutes that provided no meaningful right to a reward, whistleblower claims were small and few. We have written extensively about the dramatic successes of the False Claims Act since its rewards increased to meaningful levels in 1986.

Likewise, IRS Whistleblower Office Director Steve Whitlock described again today how large whistleblower claims have exploded since December 2006, when Congress doubled rewards to whistleblowers to 15-30%, and created an enforceable right to those rewards.

History proves that most whistleblowers simply will remain silent, without a right to meaningful rewards. The SEC will be dividing a small pie unless Congress again embraces this principle.

To protect investors, those with information about fraud must have every incentive to speak up–as early as possible–and to be heard. The Madoff debacle proved that point.

In our experience in representing whistleblowers in the financial industry, the Senate’s version of the SEC whistleblower changes is highly preferable. It creates a right to awards of 10-30%.

There are still glaring deficiencies, such as the provisions excluding auditors who have tried unsuccessfully to call attention to fraud within the organizations and auditing firms involved. It will be an interesting next few weeks as Congress debates the final result.
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State False Claims Acts Must Be Updated to Include New False Claims Act Changes, Grassley Warns

April 30, 2010
Michael Sullivan

Senator Chuck Grassley is making sure that the States take advantage of important, recent improvements to the federal False Claims Act–with the help of financial incentives. In doing so, Grassley highlighted a defect in Oklahoma’s False Claims Act that should disqualify any state with a similar defect from these financial incentives.

As we have discussed at length, in the Deficit Reduction Act of 2005, Congress recognized how effective the False Claims has been in recovering money for fraud against the government, by creating financial incentives for states that enact equally effective versions of the federal False Claims Act.

“Weaker” state versions of the False Claims Act do not qualify for the incentives, however. The Inspector General for the Department of Health and Human Services must approve a state’s False Claims Act before the incentives are available. So far, the IG has approved fourteen state FCAs, while disapproving six other state acts.

Since then, Congress has closed loopholes in the False Claims Act exploited by those who steal taxpayer funds. The 2009 Fraud Enforcement Recovery Act made significant improvements to strengthen the nation’s major whistleblower law, as we have summarized before. In March 2010, Congress modified the False Claims Act’s “public disclosure” and “original source” provisions as part of the major health care overhaul, the Patient Protection and Affordable Care Act.

This week, Grassley asked the Inspector General and Attorney General to review existing state False Claims Acts to ensure that they comply with these recent improvements to the federal False Claims Act.

“Updated information will help states fine tune existing state laws and state-level proposals, in order to be eligible for the federal incentive and beef up fraud-fighting efforts,” Grassley said. “This kind of effort at the state and federal level is more important than ever as Medicaid programs are expanded and face new burdens and growing fiscal challenges. Every dollar lost to fraud is one less dollar for those who depend on the program and harms the sustainability of the Medicaid program.”
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IRS Whistleblower Office Announces Important Changes, New Procedures for IRS Whistleblower Program

April 28, 2010
Michael Sullivan

IRS Whistleblower Office Director Steve Whitlock announced important, long-awaited developments in the new IRS Whistleblower Program yesterday at the Second Annual “IRS Whistleblower Boot Camp” in Washington.

First, Director Whitlock finally announced how the IRS will share information that will allow whistleblowers to understand the Whistleblower Office’s decisions about what awards are made to whistleblowers.

A year ago in my interview with the IRS Whistleblower Office Director, Mr. Whitlock discussed the need to solve the vexing question of how the IRS can share this information with whistleblowers and their attorneys, while also complying with legal requirements for confidentiality of taxpayer information under section 6103 of the Internal Revenue Code.

The new procedures described yesterday for what will happen with IRS Whistleblower claims–once the IRS has recovered money as a result of a whistleblower claim– are as follows:

1. After the Whistleblower Office receives a report from the IRS Operating Division that handled the matter, the Whistleblower Office Analyst will review the files and recommend an award to the whistleblower.

2. That recommendation then will go to the Whistleblower Office Director for review and approval.

3. A summary of the award recommendation then will be provided to the whistleblower and the whistleblower’s attorney for comment. That summary will identify:

(a) the amount of money collected by the IRS based on information provided by the whistleblower;

(b) the recommended award percentage to the whistleblower (15-30% of the funds recovered, unless an exception under the statute applies to lower the percentage);

(d) the recommended award amount; and

(e) the whistleblower’s options upon learning of this recommendation.

In welcome news to whistleblower attorneys, the IRS Whistleblower office also will make available a “detailed” award recommendation to whistleblowers and their attorneys who sign a confidentiality agreement. The whistleblower and counsel then may review in person (but not copy) the documents in the IRS administrative file that are the basis of the award recommendation, and comment to the Director about the award. Violation of the confidentiality agreement will lead to reduction of the award.

The new procedures are to be published in the Internal Revenue Manual in June 2010, and later will be included in regulations, with an opportunity for notice and comment.
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New IRS Whistleblower Program Developments Discussed This Week at “IRS Whistleblower Boot Camp”

April 25, 2010
Michael Sullivan

On Tuesday, April 27, 2010, the Second Annual “IRS Whistleblower Boot Camp” will convene in Washington, D.C., sponsored by Taxpayers Against Fraud.

Representatives of the IRS Whistleblower Office will discuss the latest developments in the IRS Whistleblower Program, though which tax whistleblowers can receive up to 30% of recoveries by the IRS. Other IRS and DOJ representatives will take part as well, as they analyze what lawyers representing IRS whistleblowers should know in pursuing these claims.

Like last year’s program, this one is a sell-out. I am looking forwarding once again to moderating a panel discussion, this time on “Protecting IRS Whistleblowers from Criminal and Civil Liability.”

Among the important new developments to be discussed is the “clarification” issued in February 2010, on what contacts the IRS may have with whistleblowers (or “informants”) who are current employees of taxpayers who are the subject of whistleblower claims. (The full notice is reprinted below.)

We expect there may be other major new developments to report at this year’s IRS Whistleblower Boot Camp. We will update you upon returning from D.C. this week.
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SEC Charges Goldman Sachs With Fraud in Synthetic CDO Tied to Subprime Mortgages

April 16, 2010
Michael Sullivan

As Congress finally works to establish a more meaningful SEC whistleblower program, the SEC has just announced that it has charged Goldman Sachs and one of its vice presidents with fraud, in connection with a “financial product tied to subprime mortgages, as the U.S. housing market was beginning to falter.”

Often maligned for failing to protect investors before the recent financial crisis, the SEC now charges that Goldman structured and marketed a “synthetic collateralized debt obligation” (CDO) like those that “contributed to the recent financial crisis by magnifying losses associated with the downturn in the United States housing market,” and then violated the federal securities laws in connection with that product.

The SEC’s Complaint alleges a “securities fraud action against Goldman, Sachs & Co. (“GS&Co”) and a GS&Co employee, Fabrice Tourre (‘Tourre’), for making materially misleading statements and omissions in connection with a synthetic collateralized debt obligation (“CDO”) GS&Co structured and marketed to investors. This synthetic CDO, ABACUS 2007AC1, was tied to the performance of subprime residential mortgage-backed securities (“RMBS”) and was structured and marketed by GS&Co in early 2007 when the United States housing market and related securities were beginning to show signs of distress.”

The Complaint further charges:

Undisclosed in the marketing materials and unbeknownst to investors, a large hedge fund, Paulson & Co. Inc. (“Paulson”), with economic interests directly adverse to investors in the ABACUS 2007-AC1 CDO, played a significant role in the portfolio selection process. After participating in the selection of the reference portfolio, Paulson effectively shorted the RMBS portfolio it helped select by entering into credit default swaps (“CDS”) with GS&Co to buy protection on specific layers of the ABACUS 2007-AC1 capital structure. Given its financial short interest, Paulson had an economic incentive to choose RMBS that it expected to experience credit events in the near future. GS&Co did not disclose Paulson’s adverse economic interests or its role in the portfolio selection process in the term sheet, flip book, offering memorandum or other marketing materials provided to investors.

In sum, GS&Co arranged a transaction at Paulson’s request in which Paulson heavily influenced the selection of the portfolio to suit its economic interests, but failed to disclose to investors, as part of the description of the portfolio selection process contained in the marketing materials used to promote the transaction, Paulson’s role in the portfolio selection process or its adverse economic interests.

The full SEC anouncement is reprinted below.
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SEC Whistleblower Program–The SEC Inspector General’s Report

April 5, 2010
Michael Sullivan

Post-Madoff, we have followed the legislative efforts to help establish an effective SEC whistleblower program. We know that the Senate Banking Committee in particular has worked hard in attempting to devise the best overall arrangement to encourage and reward whistleblowers who report fraud within the SEC’s jurisdiction.

Shortly before Congress authorized the first meaningful IRS Whistleblower Program in December 2006, the Treasury Inspector General for Tax Administration issued its report on many of the changes needed for the IRS to use whistleblowers effectively.

Now, the SEC’s Inspector General David Kotz has issued his report, “Assessment of the SEC Bounty Program.” No one is surprised that it concludes that the SEC has not effectively encouraged, used, or rewarded whistleblowers over the past decades. Perhaps this report will pave the way for something meaningful–like the TIGTA report that preceded the now-promising IRS Whistleblower Program, which rewards whistleblowers with 15-30% of the government’s tax recoveries.

The SEC report recommends adopting the “best practices obtained from DOJ and the IRS into the SEC bounty program.” The SEC Inspector General’s report states as follows:

Although the SEC has had a bounty program in-place for more than 20 years for rewarding whistleblowers for insider trading tips and complaints, our review found that there have been very few payments made under this program.
Likewise, the Commission has not received a large number of applications from individuals seeking a bounty over this 20-year period. We also found that the program is not widely recognized inside or outside the Commission. Additionally,
while the Commission recently asked for expanded authority from Congress to reward whistleblowers who bring forward substantial evidence about other significant federal securities law violations, we found that the current SEC bounty program is not fundamentally well-designed to be successful.
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Well Worth a Read: SEC Whistleblower Harry Markopolos’ “No One Would Listen: A True Financial Thriller”

April 5, 2010
Michael Sullivan

After meeting with the Department of Justice in Washington recently to discuss another whistleblower case, I picked up Harry Markopolos’ recent book, “No One Would Listen: A True Financial Thriller.” It is a fun and engrossing read, with humor that I did not expect to find in this subject.

We have written previously to applaud Harry Markopolos’ work in figuring out Bernie Madoff’s Ponzi scheme, and then in trying to get the SEC’s attention for years. In an era when fraud is being exposed in so many industries through the courage of whistleblowers, his book shows just how paper-thin our government’s resources can be in recognizing and stopping the next huge fraud scheme.

Neither I nor my law firm has any financial interest in recommending this book, and no one has asked me to mention it, but I do believe that any thinking person will enjoy it.
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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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