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Part 6: The State False Claims Acts: Qui Tam Whistleblower Laws That Seek to Repeat the Successes of the Federal False Claims Act

October 7, 2007
Michael Sullivan

This Part 6 is the final installment by whistleblower lawyer blog of an article explaining why the major qui tam whistleblower statutes, the federal False Claims Act, has led to a wave of new state False Claims Acts. It is part of a recently published article by whistleblower lawyer blog author Michael A. Sullivan, and this article is reprinted with the permission of the Georgia Bar Journal.

This Part 6 describes the new state whistleblower laws and how states have fared to date in recovering taxpayer money wrongfully through fraud and false claims. It also discusses some interesting new approaches that some states have taken in improving on the federal False Claims Act with their own statutes.

V. Other States’ Experiences With Their Own False Claims Acts

As noted, in 2007 Georgia, New York, and Oklahoma joined the 16 other states that have a False Claims statute, and at least a dozen other states are considering similar laws. [58] The financial incentives of the Deficit Reduction Act of 2005 have not only prompted states that had 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. [59]

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. [60] 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. [61]

A. How Other States’ False Claims Acts Compare to the New Georgia Statute

Many state False Claims laws have been in transition in 2007. States whose laws have been “disapproved” by OIG have begun to amend their statutes to meet the requirements for obtaining the additional funds under the Deficit Reduction Act, as Florida and Texas already have done in 2007. While these laws are in flux, some significant differences from Georgia’s new State False Medicaid Claims Act are likely to remain.

First, the majority of state False Claims statutes protect the state’s funds generally, rather than protecting only state Medicaid funds, as Georgia’s new State False Medicaid Claims Act is limited. Just as the federal False Claims Act is not limited to health care fraud, but encompasses fraud against the government generally (except for Internal Revenue violations, which are now covered by the new IRS Whistleblower program), [62] many states have used these statutes to protect public funds in general from fraud. Those states include California, Delaware, Florida, Hawaii, Illinois, Indiana, Massachusetts, Montana, Nevada, Oklahoma, Virginia, and Tennessee.

In addition, several states-including Hawaii, Massachusetts, Nevada and Tennessee- have expanded on the federal Act’s four commonly-used theories of liability listed above. These state laws create a new legal theory for holding liable a person or entity who is the “beneficiary” of the “inadvertent submission” of a false or fraudulent claim, if that person or entity fails to disclose (and presumably correct) the false claim after discovering it. [63]

Moreover, Tennessee’s False Claims Act reaches beyond false or fraudulent “claims” and imposes liability for false or fraudulent “conduct” that apparently does not necessarily involve “claims” submitted to the state. This state law adds a new category of liability for “any false or fraudulent conduct, representation, or practice in order to procure anything of value directly or indirectly from the state or any political subdivision.” [64]

Because states have this leeway under the Deficit Reduction Act to pass laws that may be “tougher” or more “effective” than the federal Act, some states have set the statutory penalties higher than the federal level of $5,500 to $11,000 per claim. For instance, under the New York law enacted in 2007, penalties range from $6,000 to $12,000 for each false or fraudulent claim. [65]

Some other states authorize a higher percentage of the state’s recovery that a relator (whistleblower) may receive, instead of the percentages that the federal False Claims Act authorizes (which the Georgia statute also uses): 15-25% of the recovery in cases in which the government intervenes, and 25-30% in cases in which the government does not intervene. For example, Nevada’s percentages are 15-33% in intervened cases, and 25-50% in non-intervened cases; Tennessee’s are 25-33% in intervened cases and 35-50% in non-intervened cases; and Montana’s range from 15-50%. [66]

B. Notable Results Obtained by States Under Their False Claim Statutes

Most qui tam cases filed under the state False Claims statutes have related to health care. Many are “global” Medicaid cases that were first developed in federal courts as Medicare and Medicaid fraud cases and that concerned a nationwide fraud which had been investigated by multiple federal and state jurisdictions. [67] Each state that enacts a False Claims Act that meets the minimum requirements is in a position to join the process.

Most of the state settlements have come from “piggy backing” on federal law enforcement efforts and from joining in global settlements. [68] Experience with some of the newer state statutes is too recent to evaluate, but many states have reported the desire for more resources to develop such cases. [69]

Texas’s experience is worth special mention because the Texas Attorney General’s Office has been especially effective in pursuing cases involving false claims in health care. Texas’s statute has allowed it to recover more than $216 million in health care fraud cases since 1999.

Because the Texas Attorney General’s Office has been a leader in recovering damages for health care fraud by using the Texas statute, it was perhaps ironic that OIG initially “disapproved” the highly successful Texas law before it was amended in 2007 to comply with the Deficit Reduction Act standards. [70]

California, whose statute is not limited to health care, recovered $43.1 million in 2005 in a state False Claims action alleging fraud in the installation and monitoring of heating and cooling equipment in San Francisco schools. [71] In 2001, California recovered $31.9 million in an action alleging fraudulent billing during construction of the Los Angeles subway system. [72] Similarly, California recovered $30 million in 2000 in a matter alleging the knowing sale of defective computers to the state and political subdivisions. In 1998, California recovered $187 million in an action alleging the improper retention of unclaimed municipal bonds. [73]

We do not know with any precision the dollar amount of fraud that affects any particular state’s government spending, or how much of that fraud can be prevented through effective use of a state False Claims Act. For now, New York, Oklahoma, and Georgia have joined the list of states that will see how much of at least their Medicaid fraud losses can be recovered through the new state False Claims Acts.

Conclusion

We hope that our article on the False Claims Act and the new state False Claims Acts has been useful. If you would like, please feel free to call us to discuss any questions you may have at 800-228-9159, or email us through our website link here (or directly to msullivan@finchmccranie.com.)
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Part 5: The False Claims Act’s Successes–and How They Have Prompted a Wave of State False Claims Acts With Qui Tam Whistleblower Provisions

October 7, 2007
Michael Sullivan

This is Part 5 of 6 by whistleblower lawyer blog of a detailed article for those wishing to know more about the principal qui tam whistleblower statutes, the federal False Claims Act and the new state False Claims Acts. It is part of a recently published article by whistleblower lawyer blog author Michael A. Sullivan, and this article is reprinted with the permission of the Georgia Bar Journal.

This Part 5 discusses the dramatic successes of the federal False Claims Act since its 1986 Amendments in recovering taxpayers’ money wrongfully obtained by fraud and false claims.

IV. The Trend of Recent Recoveries Under the False Claims Act

Over the past two decades since the modern False Claims Act was established through the 1986 Amendments, the federal government’s recoveries of dollars have grown astronomically, especially in health care cases. The Department of Justice statistics [52] tell the story:

In 1987, the government’s recoveries in qui tam cases totaled zero, presumably because the 1986 Amendments had just taken effect; and total recoveries under the False Claims Act were just $86 million. The following year, qui tam and other False Claims Act settlements and judgments began a steady climb upward, exceeding $200 million by 1989, and $300 million by 1991. By 1994, the government’s recoveries broke the $1 billion mark for the first time, with $380 million of that amount attributable to qui tam case recoveries alone.

In 2000, the government recovered more than $1.5 billion, of which $1.2 billion was derived from qui tam actions. In 2001, the government recovered more than $1.7 billion, with almost $1.2 billion of that amount from qui tam cases. With the exception of 2004, in each year since 2000 the government has recovered more than a billion dollars per year under the False Claims Act, and qui tam actions were responsible for the lion’s share of those recoveries. For example, in 2003, government recoveries exceeded $2.2 billion, of which $1.4 billion came from qui tam cases. Similarly, in 2005, of the government’s total recovery of $1.4 billion, $1.1 billion of that amount came from qui tam cases.

In 2006, the Justice Department recovered a record of more than $3.1 billion in settlements and judgments for fraud and false claims. Of this record $3.1 billion in recoveries, 72% came from the health care field; 20% from defense; and 8% from other sources. Health care alone accounted for $2.2 billion in settlements and judgments, which included a $920 million settlement with Tenet Healthcare Corporation, the country’s second-largest hospital chain. Defense procurement fraud amounted to $609 million in recoveries, which included a $565 million settlement with the Boeing Company.

It is interesting that, while defense procurement fraud both inspired the Act and was the largest source of recoveries at the time of the 1986 Amendments, health care cases now lead in recoveries, as health care costs have grown as a percentage of the federal budget. By industry, in 1987 the defense industry was the largest source of cases under the False Claims Act. [53] The health care industry accounted for only 12% of cases under the False Claims Act in 1987; that percentage grew to 54% by 1997. [54]

Many health care fraud cases have addressed over-billing or up-coding, fraudulent cost reporting, billing for services not provided, and failure to furnish the required “quality of care.” [55] The breakdown of the Department of Justice statistics shows that government recoveries in the health care field have grown from less than $2 million in 1988 to more than $1.8 billion in 2003. Although the amounts recovered rise and fall each year, from 2001–2006 government recoveries from the health care field exceeded $1 billion in five out of six years.

The trend has continued in 2007, as the Office of Inspector General of the Department of Health and Human Services recently announced that it expects $2.9 billion in recoveries for Medicare, Medicaid, and other federal health and human services programs for the first half of fiscal year 2007. [56]

In short, the health care industry now consistently accounts for the vast majority of settlements and judgments obtained by the federal government for fraud and false claims.
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Part 4: The Modern False Claims Act–How It Works

October 7, 2007
Michael Sullivan

This Part 4 by whistleblower lawyer blog is a continuation of a detailed article for those wishing to know the specifics of the principal qui tam whistleblower statutes, the federal False Claims Act and the new state False Claims Acts. It is taken from a recently published article by whistleblower lawyer blog author Michael A. Sullivan, and it is reprinted with the permission of the Georgia Bar Journal.

This Part 4 focuses on the “modern” False Claims Act–since the 1986 Amendments. Before considering it, please note that, in September 2007, a bipartisan group of Senators introduced the “False Claims Act Correction Act,” a bill to further “modernize” the False Claims Act with substantial improvements intended to restore the Act to Congress’ original intentions. We at whistleblower lawyer blog will provide regular updates as that bill is considered by Congress.

III. Overview of How the Modern False Claims Act Works (with Comparisons to State False Claims Acts, With the New Georgia State False Medicaid Claims Act as a Primary Example)

A. Conduct Prohibited

The federal False Claims Act imposes civil liability under several different theories, only four of which are generally used:

First, the Act makes liable any person who knowingly presents, or causes to be presented, a “false or fraudulent claim for payment or approval” to the federal government. [30] “Claim” is broadly defined to include not only submissions made directly to the federal government, but also “any request or demand . . . for money or property” made to a “contractor, grantee, or other recipient” if the federal government provides any portion of the money or property in question. [31]

Second, the Act creates liability for using a “false record or statement” to obtain payment of a false claim. It imposes liability on any person who “knowingly makes, uses, or causes to be made or used, a false record or statement to get a false or fraudulent claim paid or approved by the government.” [32]

Third, the False Claims Act imposes liability under a “conspiracy” provision. Any person who “conspires to defraud the Government by getting a false or fraudulent claim allowed or paid” is also liable under the Act. [33]

Fourth, since the government also can be defrauded when a private entity underpays or avoids paying an obligation to the government, the modern Act contains what is known as a “reverse false claim” provision. It creates liability for any person who “knowingly makes, uses, or causes to be made or used, a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to the Government.” [34] For example, a company that is obligated to pay royalties to the government under an oil lease can be held liable if it uses false records or statements to pay less than what it owes.

Georgia Act compared: The same bases of liability are set forth in new section 49-4-168.1(a), with regard to the Georgia Medicaid program. “Claim” is also broadly defined in the Georgia statute in section 49-4-168(1). In fact, the Georgia statute’s definition of “claim” was intended by the legislature to eliminate a point of dispute about the federal statute [35] by making clear that it applies to “claims” submitted not only to the government, but also to other persons or entities, as long as the Georgia Medicaid program provides any portion of the money or property at issue.

The federal False Claims Act also creates a cause of action for damages for retaliation against employees who assist in the investigation and prosecution of False Claims Act cases. [36] This cause of action belongs to the employee alone, and the government does not share in any recovery for retaliation.

Georgia Act compared: New section 49-4-168.4 establishes a similar right to pursue a claim for retaliation in employment.
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Part 3: False Claims Act–Background and History

October 7, 2007
Michael Sullivan

This is Part 3 by whistleblower lawyer blog of a detailed explanation of the major qui tam whistleblower statutes, the federal False Claims Act and the new state False Claims Acts. It is taken from a recently published article by whistleblower lawyer blog author Michael A. Sullivan, and is reprinted with the permisssion of the Georgia Bar Journal.

The Part 3 explains the history of the False Claims Act and why effective qui tam whistleblower laws are important.

II. Background of the False Claims Act

Although the False Claims Act may be the best known qui tam statute, it is far from being the first. Qui tam actions date back to English law in the 13th and 14th Centuries. This tradition took root in the American colonies and, by 1789, states and the new federal government had authorized qui tam actions in various contexts. [12]

According to one writer:

In the early years of the Nation, the qui tam mechanism served a need at a time when federal and state governments were fairly small and unable to devote significant resources to law enforcement. As the role of the Government expanded, the utility of private assistance in law enforcement did not diminish. If anything, changes in the role and size of Government created a greater role for this method of law enforcement. [13]

Birth of the False Claims Act: The Civil War prompted Congress to enact the original False Claims Act in 1863. As government spending on war materials increased, dishonest government contractors took advantage of opportunities to defraud the United States government. “Through haste, carelessness, or criminal collusion, the state and federal officers accepted almost every offer and paid almost any price for the commodities, regardless of character, quality, or quantity.” [14]

One senator explained how the qui tam provisions of the Act were intended to work:

The effect of the [qui tam provisions] is simply to hold out to a confederate a strong temptation to betray his co-conspirator, and bring him to justice. The bill offers, in short, a reward to the informer who comes into court and betrays his co-conspirator, if he be such; but it is not confined to that class. . . . In short, sir, I have based the [qui tam provision] upon the old fashioned idea of holding out a temptation and setting a rogue to catch a rogue, which is the safest and most expeditious way I have ever discovered of bringing rogues to justice. [15]

The original Act provided for double damages, plus a $2,000 forfeiture for each claim submitted. [16] If a private citizen or “relator” used the qui tam provision to file suit, the government had no right to intervene or control the litigation. A successful “relator” was entitled to one-half of the government’s recovery. [17]

The Act survived in substantially its original form until World War II. [18] In a classic and oft-quoted 1885 passage, one court rejected the argument that courts should limit the statute’s reach on the grounds that qui tam actions were poor public policy:

The statute is a remedial one. It is intended to protect the treasury against the hungry and unscrupulous host that encompasses it on every side, and should be construed accordingly. It was passed upon the theory, based on experience as old as modern civilization, that one of the least expensive and most effective means of preventing frauds on the treasury is to make the perpetrators of them liable to actions by private persons acting, if you please, under the strong stimulus of personal ill will or the hope of gain. Prosecutions conducted by such means compare with the ordinary methods as the enterprising privateer does to the slow-going public vessel. [19]
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Part 2: The False Claims Act and the Growing Number of State False Claims Acts With Qui Tam Whistleblower Provisions–the Basics

October 7, 2007
Michael Sullivan

This is Part 2 by whistleblower lawyer blog of a detailed overview of the federal False Claims Act and the new state False Claims Acts with qui tam whistleblower provisions. It is based on an article by whistleblower lawyer blog author Michael A. Sullivan, and is reprinted with permission of the Georgia Bar Journal.

This Part 2 discusses the sound policy reasons underlying the False Claims Act.

I. Why A “False Claims Act”?

Fraud is perhaps so pervasive and, therefore, costly to the Government due to a lack of deterrence. GAO concluded in its 1981 study that most fraud goes undetected due to the failure of Governmental agencies to effectively ensure accountability on the part of program recipients and Government contractors. The study states:

For those who are caught committing fraud, the chances of being prosecuted and eventually going to jail are slim. . . . The sad truth is that crime against the Government often does pay. [5]

Fraud-and allegations of fraud-plague government spending at every level. Today, as the federal and state governments struggle to fund the billions of dollars spent annually on health care through Medicare and Medicaid; national security and local security efforts; Hurricane Katrina and other disaster relief; and government grants and programs of every description, there is no shortage of opportunities for fraud against the public fisc.

The federal False Claims Act has been the federal government’s “primary” weapon to recover losses from those who defraud it. [6] The Act not only authorizes the government to pursue actions for treble damages and penalties, but also empowers and provides incentives to private citizens to file suit on the government’s behalf as “qui tam relators.” Over the past 20 years, recoveries for the federal government have grown dramatically since Congress amended the Act in 1986 to encourage greater use of the qui tam provisions, as part of a “coordinated effort of both the [g]overnment and the citizenry [to] decrease this wave of defrauding public funds.” [7]

The federal False Claims Act has been successful in recovering billions of dollars, increasingly through qui tam lawsuits brought by private citizens. In light of the federal Act’s successes, Congress in the Deficit Reduction Act of 2005 [8] created a large financial “carrot” for states that adopt state versions of the False Claims Act. Any state that passes its own “False Claims” statute with qui tam or whistleblower provisions that are at least as effective as those of the federal Act becomes eligible for a 10% increase in its share of Medicaid fraud recoveries. [9]

Thus, Georgia’s and other states’ impetus in enacting these new state False Claims Acts in 2007 was this incentive of more dollars. In 2007 to date, Georgia, New York, and Oklahoma have joined the 16 other states that have enacted some version of a “False Claims” statute. [10] At least a dozen other states [11] are considering enacting similar statutes of their own so that they, too, qualify for increased funds under the Deficit Reduction Act.
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Part 1: The False Claims Act and How It Has Inspired a Wave of State Qui Tam Whistleblower Laws–An Introduction

October 7, 2007
Michael Sullivan

We at whistleblower lawyer blog hope this detailed article assists those interested in the federal False Claims Act and the new state False Claims Acts with qui tam whistleblower provisions. A version of this article by whistleblower lawyer blog author Michael A. Sullivan [1] has just been published in the October 2007 Georgia Bar Journal. For ease of reading, we have divided the article in six parts–this is Part 1.

The federal False Claims Act [2] has inspired a
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Medicare Fraud Scam Leads to Physician’s Indictment

October 6, 2007
Michael Sullivan

We read today in the news that a Dr. Michael D. Kim in Houston, Texas had been indicted by a Federal Grand Jury in yet another “motorized wheelchair fraud scheme.” According to the government’s indictment, Dr. Kim fraudulently approved thousands of Medicare beneficiaries for motorized wheelchairs in return for cash payments of $200.00 per beneficiary. According to the indictment, thousands of Medicare beneficiaries were brought by paid recruiters to Dr. Kim’s medical clinic in Houston between April of 2002 and October of 2003 for the
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IRS Whistleblowers and 75 Billion Dollars?

October 5, 2007
Michael Sullivan

It is estimated that the annual tax gap between those who owe money to the government as taxes and those who actually pay them (i.e. the annual underpayment of taxes) is $345 billion. Under the new IRS Whistleblower provisions, an insider with information about tax fraud can claim a minimum of 15% up to a maximum of 30% of back taxes collected by the government based on information received from the whistleblower. What this means is that each year if, in fact, the annual tax
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Qui Tam Whistleblower Cases Force Bristol-Meyers Squibb to Pay $515 Million to Settle Allegations

October 4, 2007
Michael Sullivan

Last week, the United States Department of Justice announced that Bristol-Meyers Squibb (BMS) had entered into a settlement agreement to pay more than $515 million to resolve allegations of illegal drug marketing and pricing. This is yet another example where Big Pharma has attempted to gouge the government to increase profits, at the public’s expense. The allegations made by the government, regrettably, are all too familiar and have occurred in many other cases of a similar nature.

The first thing the government alleged was that
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Part II: IRS Tax Whistleblower Officials Explain Details of New IRS Whistleblower Rewards Program

September 25, 2007
Michael Sullivan

This is Part II of this whistleblower lawyer blog’s description of how IRS Tax Whistleblower officials have explained many of the long-awaited details of the new IRS Whistleblower Rewards Program to whistleblower attorneys at the annual Taxpayers Against Fraud Conference in Washington, a national organization of whistleblower lawyers who represent whistleblowers under the False Claims Act, the state False Claims Acts, and the new IRS Whistleblower Rewards Program for tax whistleblowers. Both parts summarize information provided by IRS Whistleblower officials at this Conference, at which I had the pleasure of participating in a panel discussion with the Director of the IRS Whistleblower Office, Stephen Whitlock, and later spending time with other IRS officials from the IRS group responsible for the Financial Services industry (including hedge funds), Large and Mid-Sized Business Division, Stuart Mann and Nicole Cammarota.

The investigation of matters submitted by whistleblowers will be handled not by the Whistleblower Office, but by other IRS officials–in the field. The Whistleblower Office will initially perform a screening function at the beginning of the process, with “classifiers” reviewing the claim submissions and directing them to the appropriate persons within the IRS for investigation, if an investigation is warranted.

If an investigation results, and the government recovers funds (tax liability, interest, penalties, or other amounts), Director Whitlock then will determine the amount of any award to the whistleblower or whistleblowers. The new statute allows the whistleblower to appeal any determinations to the Tax Court to review decisions about rewards.

The threshold question for persons seeking to submit IRS Whistleblower claims is to demonstrate plainly to the IRS why–with so many potential matters that the IRS already has to investigate, and with limited resources–pursuing an investigation suggested by an informant is the best use of the IRS’ limited resources. Not all potential tax violations can be investigated–or will be investigated–by the IRS. Thus, the challenge is to present a whistleblower claim that the IRS will decide to pursue–and pursue vigorously.
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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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