Georgia Wrongful Death Lawyers Fighting for Grieving Families
If your loved one died due to negligence, our wrongful death attorneys are here to help
A wrongful death is any death that was directly or indirectly caused by negligence, willful conduct, or indifference to the safety of others. In some wrongful death cases, the victim dies immediately, as in a fatal car or motorcycle accident. Others may die months or even years after the initial injury because of complications or illness.
Any wrongful death case emerges from a tragedy, but to the insurance companies, even a tragedy is an opportunity to save money. That's why they'll use their vast legal resources to try to limit the amount of compensation they give your family. They may downplay the economic cost of the death or even say that the decedent (the person who died) was responsible.
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FAQs about wrongful death claims in Georgia
Knowing what to do after losing a loved one is undoubtedly difficult. Chances are involving an attorney may be the last thing on your mind — but often, it's the best way to ensure that the people your loved one left behind are taken care of.
Rely on Gary Martin Hays & Associates to bring significant resources to the table on your behalf, including accident investigators and other experts as needed in order to determine liability in a wrongful death case. Click on the following to learn more about wrongful death claims in Georgia:
- What is the process for filing a wrongful death claim in Georgia?
- Who can file a wrongful death claim in Georgia?
- Can siblings or other family members file a wrongful death claim in Georgia?
- What types of compensation can families receive in a wrongful death case?
- How do I know if I have a valid wrongful death claim in Georgia?
- What is the statute of limitations for filing a wrongful death claim in Georgia?
- What are the types of wrongful death benefits available to surviving family members?
- How is liability determined in a wrongful death case?
- How do I prove negligence in a wrongful death claim?
- How long does it take to settle a wrongful death case in Georgia?
- What if the victim was partially at fault for the accident — can we still file a wrongful death claim?
- What is the difference between wrongful death and criminal charges?
- Can I file a wrongful death claim if my loved one’s death was caused by a criminal act?
- What types of accidents commonly lead to wrongful death claims in Georgia?
- How soon should I contact a wrongful death lawyer after my loved one’s death?
- Can a wrongful death settlement cover funeral expenses and medical bills?
- How does a wrongful death lawyer help maximize compensation?
What is the process for filing a wrongful death claim in Georgia?
Filing a wrongful death claim in Georgia is complicated, but an experienced lawyer can guide you through the process. Here’s what you need to do:
- Consult an Attorney: Start by meeting with a wrongful death lawyer to understand your rights and next steps.
- Determine Eligibility: Only certain family members (spouse, children, or parents) can file the claim.
- File Within the Statute of Limitations: The claim must be filed within two years of the death.
- Investigate the Case: Your attorney will gather evidence, such as accident reports, medical records, and witness statements.
- Establish Liability: Your lawyer will prove the responsible party’s negligence led to the death.
- File the Lawsuit: Your attorney will file the lawsuit in court on your behalf.
- Negotiate and Settle: Most cases are settled before trial, with your lawyer negotiating for the best possible outcome.
- Go to Trial, If Needed: If a fair settlement can’t be reached, your lawyer will present your case in court.
Consulting an attorney early ensures you’re on the right path. They’ll handle the complexities, so you don’t have to face this alone.
Who can file a wrongful death claim in Georgia?
The state of Georgia has established the following protocol for determining who can file to collect benefits from a wrongful death claim:
- The surviving spouse can file to recover damages from the responsible parties. If there are minor children in the household, they will be considered among the beneficiaries of any settlement.
- If there is no surviving spouse, the children of the deceased have the right to a wrongful death lawsuit. (A court-appointed guardian may represent minor children.)
- If there is no spouse or children, the rights to file pass to the parent(s) of the deceased.
When there is no spouse, child, or parent, whoever is serving as administrator of the deceased's estate may choose to file a claim on behalf of any other next of kin.
Our experienced attorneys can help you choose the best course of action. Call today for a free consultation.
Can siblings or other family members file a wrongful death claim in Georgia?
In Georgia, siblings cannot typically file a wrongful death claim unless there are no surviving spouses, children, or parents of the deceased. The state’s wrongful death laws prioritize the following family members for filing a claim – spouse, children, parents. Only if there are no surviving members in these categories can other family members, such as siblings, potentially file a claim. An experienced wrongful death attorney can help you determine if you are eligible to pursue a claim based on your relationship to the deceased.
What types of compensation can families receive in a wrongful death case?
The types of wrongful death benefits you may be entitled to receive depend generally on the nature of the accident or injury that led to the victim's death. In cases such as drunk driving, nursing home abuse, or other instances of gross negligence, the court may determine that punitive damages are in order to serve as punishment for the negligent party's actions.
Even under more ordinary circumstances, survivors may be entitled to compensation for any of the following losses:
- Medical expenses
- Funeral and burial expenses
- Loss of earnings and benefits (pension, retirement, or medical coverage)
- Pain and suffering of the victim (if applicable)
- Loss of companionship to the survivors
How do I know if I have a valid wrongful death claim in Georgia?
To know if you have a valid wrongful death claim or lawsuit, you’ll need to consider several key factors. In Georgia, a wrongful death claim arises when someone’s negligence or intentional act leads to another person’s death. If your loved one’s death could have been prevented if someone else had acted responsibly, you may have a valid claim. Here are some ways to know if your claim is valid:
- Negligence Or Misconduct Was Involved: If the death resulted from someone’s careless, reckless, or intentional actions, like a car accident, medical malpractice, or an assault, you likely have a case.
- A Direct Connection Between The Action And The Death: You must prove that the other party’s negligence or wrongful conduct directly caused your loved one’s death.
- The Victim’s Death Resulted In Financial And Emotional Loss: Surviving family members must demonstrate that they suffered damages, such as lost wages, medical expenses, funeral costs, or emotional suffering, as a result of the death.
- You Are An Eligible Family Member: In Georgia, only certain family members can file a wrongful death claim, such as a spouse, children, or parents of the deceased.
- The Claim Is Filed Within The Statute Of Limitations: Georgia law typically gives you two years from the date of the death to file a wrongful death claim.
If these conditions apply, you likely have a valid claim. Consulting with an experienced wrongful death lawyer can help clarify your rights and guide you through the process of seeking justice and compensation.
What is the statute of limitations for filing a wrongful death claim in Georgia?
In Georgia, the statute of limitations for filing a wrongful death claim is typically two years from the date of the person's death. However, certain factors can affect this timeline, such as if there’s a pending criminal case related to the death or if the claim involves a government entity. Filing early is crucial because waiting too long can cause you to lose your right to seek compensation. Starting the process early also allows your lawyer to gather important evidence and build a strong case before critical details are lost.
What are the types of wrongful death benefits available to surviving family members?
In Georgia, surviving family members in a wrongful death case may be entitled to several types of benefits that aim to compensate for the loss of their loved one. These benefits can help cover both economic and non-economic damages, providing financial and emotional support.
Recovering financial damages helps ease the financial burden on surviving family members and provides some justice for their loss. Common types of wrongful death benefits in Georgia include:
- The Full Value of the Deceased’s Life: This includes both the financial value of lost wages and benefits, as well as intangible aspects, like companionship, care, and advice the deceased would have provided.
- Medical Expenses: Compensation for the medical costs related to the deceased’s final injuries or illness before their passing.
- Funeral and Burial Expenses: Reimbursement for the costs of funeral services and burial arrangements.
- Pain and Suffering: In some cases, surviving family members can pursue damages for the pain and suffering the deceased endured before death.
- Loss of Support and Services: For the loss of household services and other contributions the deceased would have made to their family.
Working with an experienced Georgia wrongful death lawyer can help ensure that families receive all the compensation they are entitled to.
How is liability determined in a wrongful death case?
In determining liability in a wrongful death suit, you must establish that negligence contributed to the death and that reasonable precautions were taken by the deceased to prevent the accident or to seek care afterward, as well as other considerations. In building a strong case for our clients, we typically will try to obtain the following:
- Accident scene photos
- Accident reports
- Medical reports
- Remnants of any defective safety equipment or product involved
It is also important that a wrongful death claim be filed within two years of the death (or sooner with certain types of accidents — the statute of limitations varies by the type of claim and even the type of defendant). The sooner you reach out to an attorney, the stronger your case will be. Be sure to contact our office right away, even if you are not sure that the standards for a wrongful death claim apply. We will listen to the details of your case and advise you of your options.
How do I prove negligence in a wrongful death claim?
Proving negligence in a wrongful death claim can be a complex process that requires a deep understanding of the law, thorough investigation, and the ability to present compelling evidence. However, with an experienced Georgia personal injury attorney, the process becomes much more manageable. Here’s how it works in four steps:
- Establish Duty of Care: You must first show that the responsible party owed your loved one a duty of care. For example, a driver is expected to drive safely, and a doctor must follow medical standards. Proving this without legal knowledge can be tricky, but an attorney knows exactly what’s needed to demonstrate duty.
- Prove Breach of Duty: You must then show that the responsible party breached that duty through negligence or misconduct, such as reckless driving or medical errors. This step often requires gathering specific evidence like accident reports, expert testimonies, and witness statements, which can be time-consuming without professional help.
- Show Causation: It’s crucial to link the negligent act directly to your loved one’s death. This means proving that the breach of duty caused the fatal injury. Proving this connection requires a solid case built from medical records, expert opinions, and detailed investigations that an attorney is trained to handle.
- Demonstrate Damages: Finally, you need to demonstrate the financial and emotional damages caused by the death, such as lost wages, medical bills, and pain and suffering. Accurately calculating these damages can be complicated, but an attorney can ensure nothing is overlooked.
While each step involves legal expertise and detailed work, an experienced wrongful death attorney can guide you through it all, making the process much easier and increasing your chances of a successful outcome.
How long does it take to settle a wrongful death case in Georgia?
Settling a wrongful death case can take anywhere from several months to a few years, depending on factors like case complexity and whether it goes to trial. Disputes over liability or low settlement offers can extend the timeline. An experienced lawyer can help speed up the process and ensure you receive fair compensation.
What if the victim was partially at fault for the accident — can we still file a wrongful death claim?
Yes, you can still file a wrongful death claim in Georgia, even if the victim was partially at fault for the accident. Georgia follows a modified comparative negligence rule, meaning that as long as the victim was less than 50% at fault, surviving family members can still recover compensation. However, the amount of compensation will be reduced by the percentage of fault attributed to the victim.
For example, if a jury finds that the victim was 20% at fault for a car accident that led to their death, and the total damages awarded are $500,000, the compensation would be reduced by 20%, leaving the family with $400,000. This rule ensures that families can still seek justice and compensation even if their loved one was partially responsible for the accident.
An experienced wrongful death attorney can help determine how much fault might be attributed to the victim and work to maximize the compensation the family receives.
What is the difference between wrongful death and criminal charges?
In Georgia, the main difference between a wrongful death claim and criminal charges is that wrongful death is a civil lawsuit filed by the deceased's family to seek financial compensation for their loss, while criminal charges are brought by the state to punish the wrongdoer. The burden of proof is lower in a wrongful death case, where the family needs to show that it’s more likely than not that negligence caused the death. In contrast, criminal charges require proof beyond a reasonable doubt. Regardless of whether criminal charges are filed or their outcome, families can still pursue a wrongful death claim to secure compensation.
Can I file a wrongful death claim if my loved one’s death was caused by a criminal act?
Yes, you can file a wrongful death claim in Georgia if your loved one’s death was caused by a criminal act, regardless of whether criminal charges were filed or the outcome of the trial. A wrongful death claim is a civil lawsuit that allows the surviving family to seek compensation for their loss, separate from any criminal proceedings. Even if the person responsible is not charged, acquitted, or found guilty in a criminal trial, it does not affect your ability to pursue a wrongful death claim. This civil action focuses on holding the responsible party financially accountable for your loved one’s death. Common crimes involved in wrongful death claims include:
- Homicide: Deaths caused by murder or manslaughter, regardless of a criminal conviction.
- Drunk Driving Accidents: If someone driving under the influence causes a fatal crash, you can still file a claim regardless of DUI charges.
- Assaults or Shootings: Fatal injuries from violent attacks, even if the attacker is not prosecuted.
- Reckless Driving or Street Racing: Fatalities caused by reckless behavior behind the wheel.
- Robberies or Burglaries: If your loved one was killed during a robbery, the wrongful death claim is not dependent on criminal prosecution.
Pursuing a wrongful death claim allows your family to seek compensation for medical bills, funeral costs, lost income, and emotional suffering, regardless of the criminal case’s status. A wrongful death attorney can help you navigate this process and ensure that justice is served for your family.
What types of accidents commonly lead to wrongful death claims in Georgia?
In Georgia, wrongful death claims can arise from crimes as well as various types of accidents, typically caused by negligence or misconduct. Some of the most common accidents that lead to wrongful death claims include:
- Car Accidents: Often due to reckless driving, speeding, or distracted driving.
- Truck Accidents: These can be caused by driver fatigue, improper maintenance, or violations of trucking regulations.
- Motorcycle Accidents: Frequently result in fatalities due to the lack of protection for riders.
- Pedestrian Accidents: Involving vehicles that fail to yield or drive recklessly in areas with heavy foot traffic.
- Workplace Accidents: Particularly in dangerous industries like construction, where safety violations or equipment failures can lead to fatal injuries.
- Medical Malpractice: When doctors or medical professionals fail to provide proper care, leading to death.
- Premises Liability Incidents: Such as drownings, or negligent security leading to assault or murder.
These accidents often have devastating effects on families, and wrongful death claims allow them to seek justice and compensation for their loss.
How soon should I contact a wrongful death lawyer after my loved one’s death?
It’s often key to a claim’s success to contact a wrongful death lawyer as soon as possible after your loved one’s death. Acting quickly ensures that important evidence, such as accident reports, surveillance footage, and witness testimonies, is preserved. For example, video footage from a security camera or an eyewitness account might be lost or become less reliable over time. The sooner a lawyer gets involved, the easier it is to gather strong, time-sensitive evidence that supports your case.
Additionally, Georgia’s statute of limitations for wrongful death claims is two years, but there can be factors that shorten this window, such as claims involving government entities. If you wait too long, you risk losing the opportunity to file a claim and pursue compensation.
Finally, the legal process itself can be overwhelming while you’re grieving. A lawyer can take immediate steps to protect your rights, allowing you to focus on healing while they handle the difficulties of the case. The earlier you contact a lawyer, the better your chances of building a strong claim and securing the compensation your family deserves.
Can a wrongful death settlement cover funeral expenses and medical bills?
Yes, a wrongful death settlement in Georgia can cover both funeral expenses and medical bills incurred before your loved one’s death. These are considered economic damages, which compensate for the financial losses associated with the death, such as hospital bills, emergency care, medications, and burial or cremation costs.
In addition to economic damages, wrongful death settlements also include non-economic damages. These are meant to compensate for the intangible losses that family members suffer, such as the pain and suffering the deceased experienced before death, and the emotional impact on the surviving family. Non-economic damages can also cover the loss of consortium (companionship, love, guidance, and emotional support) that the deceased would have provided.
Both economic and non-economic damages are critical to helping families recover not just financially, but emotionally, after such a devastating loss. An experienced wrongful death lawyer can ensure that all aspects of your loss are fully addressed in the settlement.
How does a wrongful death lawyer help maximize compensation?
A wrongful death lawyer helps maximize compensation by leveraging their legal experience and resources to ensure every aspect of your claim is addressed. Here’s how:
- Investigating the Case Thoroughly: Lawyers gather critical evidence such as accident reports, medical records, surveillance footage, and witness statements. This ensures that all responsible parties are identified and key details supporting your claim are preserved.
- Valuing Damages Accurately: An experienced lawyer will calculate not only the obvious economic damages like medical bills, funeral expenses, and lost wages, but also non-economic damages such as pain and suffering, loss of companionship, and emotional distress. This ensures no form of loss is overlooked.
- Negotiating with Insurance Companies: Insurance companies often try to settle for less than what your claim is worth. A skilled wrongful death lawyer knows the tactics insurers use and can push for a fair settlement, ensuring you aren’t under-compensated.
- Bringing in Expert Witnesses: In complex cases, a lawyer can enlist medical experts, accident reconstructionists, or financial experts to strengthen your case, making it harder for the defense to dispute your claim.
- Preparing for Trial If Necessary: If a settlement can’t be reached, an experienced wrongful death lawyer will be prepared to take the case to trial. The threat of going to court often compels defendants to offer higher settlements, and if the case goes to trial, a lawyer can effectively present your case to maximize the outcome.
By handling every aspect of the case, a wrongful death attorney ensures that you receive the full compensation you deserve for your devastating loss.
Attorneys Gary Martin Hays & Sarah Jett Wrote the Definitive Book on Wrongful Death Claims
With over five decades of combined experience handling wrongful death cases across Georgia, Attorney Hays and law firm partner Attorney Jett created a valuable resource for families seeking justice and attorneys navigating these complex cases.
The Authority on Wrongful Death Claims in Georgia
Written in clear, accessible language, each chapter breaks down wrongful death law and offers real examples from cases Attorney Hays has successfully litigated. The book guides readers on how to prove wrongful death claims and understand the legal process.
When you hire Gary Martin Hays & Associates, you’ll receive a physical copy of the book, along with a personalized plan to seek justice for your loved one. You can also download a free digital copy, along with other helpful resources on personal injury and negligent security.
Our wrongful death attorneys fight for justice and accountability
When you call Gary Martin Hays & Associates for your free case consultation, we can help you understand who can file a wrongful death suit, as well as the types of benefits that are commonly included in such a legal action.
We work tirelessly to make sure that funeral and burial expenses are taken care of so you’re spared the additional financial stress when you need support the most.
Additionally, we know how overwhelming the estate and probate process can be. Our law firm helps with estate and probate matters, so all legal aspects are handled correctly and efficiently.
Our goal is to fight for the justice your family needs to find closure and peace, so you can begin the process of healing while knowing that your loved one’s rights were protected.
Act quickly. A claim of negligence must be filed within two years of the death. Sometimes the time frame is even shorter, and in any case, a delay might affect your family's legal rights. Our attorneys can advise you when a claim must be filed in your case.
A Word From Gary on Wrongful Death Cases
In my more than 35 years of practicing law, I have been involved in so many cases that have just broken my heart. When you investigate the wrecks or the on-the-job accidents, and you see the photos taken at the scene — photos of men, women, and even children who have died — it leaves an indelible mark on you. I can never forget the faces.
And I'll tell you something else I'll never forget: the faces of the family members that were left behind to grieve the loss of their loved one.
And I'll always remember that in their darkest, most difficult time, they trusted me and the members of my law firm to help them through it. And we did help them, with care and compassion, through the emotional and legal struggles that confronted them.
I've served as part attorney/part counselor, while guiding them through the legal process. I've listened to them share their fond memories of their loved ones. And I've cried with them, too.
I firmly believe every family that has lost a loved one because of someone else's negligence needs and deserves an experienced attorney that cares, that will take action, that will listen, and that has the resources and successful track record to take on the insurance company.
As you enter the building for my law firm, you will see a plaque hanging on the exterior wall to the right of the front door. It is a quote from the book of Proverbs in the Old Testament:
"Speak up for those who cannot speak for themselves, for the rights of all who are destitute. Speak up and judge fairly, defend the rights of the poor and needy."
When I enter our building, it is a reminder to me and my staff of the tremendous opportunity we have to help people, oftentimes through some of the most, if not the most difficult circumstances they have ever faced. This Bible verse guides what we do and reminds us why we do what we do.
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