Trial Attorney Blog
Losing a loved one unexpectedly is one of the most painful events a family can endure.
The emotional toll is compounded when the loss happens because of another person’s negligence, recklessness, or misconduct.
In such cases, families may be entitled to bring a wrongful death claim to seek justice.
But too often, misinformation gets in the way.
Friends, neighbors, or even social media posts may spread Wrongful Death Claim Myths that confuse grieving families and stop them from taking the right legal steps.
Some believe these claims are only about money.
Others think only a spouse can file or that civil claims cannot succeed if criminal charges fail.
These misconceptions create unnecessary barriers.
This article debunks the most common myths, explains the facts clearly, and highlights why working with an experienced Atlanta wrongful death lawyer is essential for protecting your family’s rights.
Understanding the Basics of Wrongful Death Claims
A wrongful death claim is a civil lawsuit filed when someone dies because of another person or entity’s wrongful act.
Unlike criminal prosecutions, these claims focus on the losses suffered by the deceased’s family members.
Wrongful death claims can stem from a wide variety of causes, such as:
- Medical malpractice – surgical errors, misdiagnosis, or medication mistakes.
- Car, truck, and motorcycle accidents – often caused by distracted driving, drunk driving, or reckless speeding.
- Defective products – unsafe medical devices, car parts, or consumer goods.
- Workplace accidents – falls, unsafe machinery, or exposure to toxic substances.
- Nursing home neglect or abuse – leading to preventable injuries or death.
The goal is twofold: to hold the negligent party accountable and to secure financial support for surviving family members who relied on the deceased for love, care, and financial stability.
Unfortunately, because these cases often involve strong emotions and complicated laws, myths can spread quickly.
Let’s look at the most common misconceptions and the truths behind them.
Wrongful Death Claims Are the Same as Criminal Cases
The Myth: Some believe that if someone is charged criminally after a death, there’s no need for a wrongful death claim—or that civil and criminal cases are identical.
The Fact: Wrongful death claims are civil, not criminal.
A criminal case is filed by the government to punish a wrongdoer.
A wrongful death claim, on the other hand, is brought by the deceased’s family to seek compensation and accountability.
A real-world example is the case of O.J. Simpson.
He was acquitted in criminal court for murder but was later found liable for wrongful death in a civil case and ordered to pay millions to the victims’ families.
This demonstrates how the two systems are independent, and a civil case can succeed even when criminal charges do not.
An experienced wrongful death lawyer near me helps families navigate these differences and ensures their civil rights are protected regardless of criminal outcomes.
Only Spouses Can File a Wrongful Death Claim
The Myth: Families often assume only the surviving spouse has the legal right to bring a claim.
The Fact: In Georgia, wrongful death statutes outline who may file. The order of priority is:
- The surviving spouse.
- If no spouse, the children.
- If no children, the parents.
- If no parents, the personal representative of the estate.
This means children can file if their parent dies and there is no surviving spouse.
Similarly, parents may bring claims if their minor child passes away due to negligence.
Other states have similar but slightly different laws, which makes it vital to consult with an atlanta wrongful death lawyer who understands the specific statutes in your jurisdiction.
Wrongful Death Claims Are About “Money Only”
The Myth: Some believe families file wrongful death claims purely for financial gain.
The Fact: Compensation is a crucial part of the process, but it’s not the only reason families file.
These claims also serve to:
- Hold wrongdoers accountable. If a negligent doctor or reckless driver isn’t held accountable, similar tragedies may happen again.
- Encourage safety improvements. Lawsuits often push companies, hospitals, or industries to implement stricter safety standards.
- Recognize the value of life. Courts acknowledge both financial contributions and intangible losses, like companionship and parental guidance.
For example, if a young father dies in a preventable workplace accident, the claim isn’t just about lost wages.
It’s also about the children growing up without their father’s guidance and support.
Wrongful death claims are about justice, dignity, and accountability—not just money.
Wrongful Death Cases Take Forever to Resolve
The Myth: Families sometimes avoid filing because they fear the case will drag on for years.
The Fact: While it’s true that some cases take time—especially if they go to trial—many are resolved much faster.
Factors that influence the timeline include:
- The complexity of the case.
- The availability of evidence and witnesses.
- Whether the defendant or insurance company cooperates.
- The willingness of both sides to negotiate a settlement.
Many wrongful death claims settle outside of court, often within a year or two.
Attorneys with experience know how to push the process forward while still ensuring that families get a fair outcome.
If Criminal Charges Fail, the Civil Case Will Too
The Myth: Families may think that if prosecutors cannot secure a conviction, their civil case is lost.
The Fact: Civil cases have a lower burden of proof. In criminal court, guilt must be proven “beyond a reasonable doubt.” In civil court, liability must only be shown by a “preponderance of the evidence”—meaning it’s more likely than not.
This is a key reason why many Wrongful Death Claim Myths are misleading.
Families still have a strong chance of success in civil court even if criminal prosecutors fail.
Insurance Companies Will Offer a Fair Settlement
The Myth: Families sometimes assume the insurance company will “do the right thing.”
The Fact: Insurance companies are not motivated by fairness.
Their goal is to minimize payouts and protect their profits.
They may downplay liability, delay proceedings, or make quick lowball offers when families are most vulnerable.
For instance, if a negligent trucking company causes a fatal accident, their insurer might offer a small settlement within days.
Without guidance from a wrongful death lawyer Atlanta, families risk accepting less than what they’re entitled to—sometimes just a fraction of the actual damages.
Wrongful Death Claims Are Too Difficult to Win
The Myth: Because these cases involve complex legal and medical details, some families believe they rarely succeed.
The Fact: While challenges exist, many families win wrongful death cases every year.
Success depends on factors such as:
- Thorough investigation of the accident or incident.
- Expert testimony from doctors, engineers, or safety professionals.
- Skilled negotiation by a seasoned attorney.
A trusted Atlanta wrongful death lawyer knows how to build a case, preserve crucial evidence, and present a compelling story to the court or insurance company.
Filing a Claim Will Only Make Grief Worse
The Myth: Some families hesitate because they think legal action will add stress and prolong grief.
The Fact: While the process can feel overwhelming at first, many families find that pursuing justice helps them heal.
Taking action creates a sense of control and closure.
It also honors the memory of the loved one by holding the negligent party accountable.
Experienced attorneys provide compassionate guidance so that families feel supported, not burdened, during the process.
Why Finch McCranie LLP Is The #1
At Finch McCranie LLP, we understand that wrongful death cases are not just about legal claims—they’re about people, families, and lives forever changed.
Here’s why we are recognized as a leading choice:
- Decades of Experience: Our attorneys have represented families in some of Georgia’s most complex wrongful death cases.
- Compassionate Advocacy: We combine aggressive representation with genuine care for our clients.
- Proven Results: Our track record includes millions recovered for families across Atlanta and beyond.
- Local Insight: As a leading wrongful death lawyer Atlanta, we know Georgia laws and courts inside out.
Families trust Finch McCranie LLP to guide them through one of life’s hardest challenges with both strength and sensitivity.
Call to Action: Speak With a Trusted Atlanta Wrongful Death Lawyer Today
Don’t let Wrongful Death Claim Myths prevent you from pursuing justice.
If you’re searching for an experienced wrongful death lawyer near me, Finch McCranie LLP is here to help.
✅ Free, confidential consultation
✅ Aggressive pursuit of justice
✅ Compassionate support throughout your case
📞 Contact Finch McCranie LLP today to speak directly with a leading Atlanta wrongful death lawyer who will fight for your family’s rights.
FAQs
What qualifies as a wrongful death claim?
A wrongful death claim arises when someone dies due to negligence, recklessness, or intentional harm, such as in car accidents, medical malpractice, or unsafe workplaces.
How long do families have to file?
In Georgia, the statute of limitations is generally two years, though certain circumstances may extend or shorten this deadline.
Can multiple family members file at once?
Typically, one party (spouse, child, or estate representative) files on behalf of all beneficiaries, but proceeds may be divided among family members.
How do wrongful death claims differ from survival actions?
Wrongful death claims compensate families for their losses; survival actions compensate the estate for the deceased’s suffering before death.
What damages are recoverable?
Recoverable damages may include lost income, medical and funeral expenses, and the intangible value of companionship and guidance.
Do I need to prove intent to win?
No. Proving negligence or recklessness is sufficient in civil court.
How long do cases usually take?
Some claims resolve in a few months through settlement; others may take one to two years or more if they proceed to trial.
Why is hiring a lawyer important?
A lawyer ensures your rights are protected, evidence is preserved, and you’re not pressured into unfair settlements.