Trial Attorney Blog
Losing a loved one unexpectedly can leave families dealing with emotional pain, financial hardship, and uncertainty about what to do next.
When a death happens because of another person’s negligence, recklessness, or wrongful actions, surviving family members may have the right to pursue a wrongful death claim.
Wrongful death cases can arise from truck accidents, medical negligence, workplace incidents, dangerous property conditions, defective products, or other serious situations.
Because these cases involve both legal and emotional challenges, many families want to understand how the process works and how long it may take.
People who want to learn more about their legal rights can visit the Wrongful Death service page for additional information.
Who Can File A Wrongful Death Claim In Georgia
Georgia law determines who has the right to file a wrongful death lawsuit.
In most cases, the surviving spouse has the first right to file.
If there is no spouse, the deceased person’s children may have the right to bring the claim.
If there is no spouse or child, the parents of the deceased may be able to file.
In some cases, the representative of the estate may bring a claim on behalf of surviving family members.
Wrongful death claims are often filed to recover the full value of the life of the deceased person.
This may include lost income, benefits, companionship, care, guidance, and other financial and personal contributions the person would have provided.
The First Stage Of A Wrongful Death Investigation
The timeline for a wrongful death lawsuit usually begins with an investigation.
Attorneys often review accident reports, medical records, witness statements, photographs, videos, employment records, and other evidence related to the death.
If the case involves a truck accident, evidence may include black box data, driver logs, maintenance records, and trucking company documents.
If the case involves medical negligence, medical records and expert review may become especially important.
Families may also need copies of the death certificate, funeral expenses, insurance information, and estate documents.
An attorney may work with investigators, medical experts, accident reconstruction specialists, economists, and other professionals to understand how the death occurred and who may be responsible.
How Long The Investigation Process May Take
The investigation stage can take weeks or months depending on the complexity of the case.
Cases involving multiple liable parties, serious injuries before death, or large amounts of evidence may take longer.
It is important to complete a thorough investigation before filing a lawsuit because important details can affect the value of the claim.
Evidence may also disappear over time if action is not taken quickly.
For example, surveillance footage may be deleted, witnesses may become harder to locate, and records may be lost.
Starting the process early can help preserve evidence and strengthen the case.
Filing The Wrongful Death Lawsuit
Once the investigation is complete, the next step is filing the wrongful death lawsuit.
The complaint explains who is being sued, what happened, why the defendant may be liable, and what damages are being sought.
Georgia generally has a two-year statute of limitations for wrongful death claims.
This means surviving family members usually have two years from the date of death to file a lawsuit.
However, some situations may pause or extend the deadline.
For example, criminal investigations, probate matters, or claims involving government entities may affect the filing timeline.
Because deadlines can vary, families should speak with an attorney as soon as possible.
The Discovery Phase Of A Wrongful Death Case
After a lawsuit is filed, both sides enter the discovery phase.
Discovery is the process where attorneys gather information, exchange evidence, request records, and question witnesses.
This stage can take several months. Attorneys may request medical records, financial documents, employment records, expert reports, photographs, emails, text messages, and other evidence.
Witnesses may be asked to give sworn testimony during depositions.
Expert witnesses may also be involved. In a truck accident case, accident reconstruction specialists may explain how the collision occurred.
In a medical negligence case, medical experts may explain how a provider failed to meet the accepted standard of care.
Economists may also testify about lost future earnings and the financial impact of the death.
Settlement Negotiations In Wrongful Death Cases
Many wrongful death claims are resolved through settlement negotiations.
Insurance companies may agree to compensate the family without the case going to trial.
Settlement discussions may happen before a lawsuit is filed, during discovery, or after mediation.
A settlement may allow the family to avoid the uncertainty and stress of trial.
However, not every insurance company is willing to offer fair compensation.
If the defendant disputes fault or refuses to make a reasonable offer, the case may continue.
Families should carefully review any settlement proposal before accepting it.
Once a settlement is accepted, the family usually cannot pursue additional compensation later.
Mediation And Trial
Before trial, many courts require mediation.
Mediation is a meeting where both sides work with a neutral third party to try to resolve the case.
Mediation may help families reach a settlement without the need for a trial.
If mediation is unsuccessful, the case may move forward to court.
A wrongful death trial may take place months or even years after the lawsuit is filed.
At trial, both sides present evidence, question witnesses, and make legal arguments.
A judge or jury may decide who was responsible and how much compensation should be awarded.
The trial process can be emotional for families because they may need to revisit painful details about the loss of their loved one.
How Finch McCranie LLP Can Help
Wrongful death claims can be difficult because families are dealing with grief while also trying to understand legal deadlines, insurance issues, and financial concerns.
Having legal support can make the process easier to manage.
Finch McCranie LLP helps families investigate wrongful death claims, gather evidence, identify liable parties, and pursue compensation.
The firm can guide clients through each stage of the case, from the initial investigation to settlement negotiations or trial.
If you lost a loved one because of someone else’s negligence, visit the Wrongful Death service page to learn more about your legal options.
FAQs
How long does a wrongful death lawsuit usually take?
The timeline depends on the complexity of the case, the number of parties involved, and whether the case settles or goes to trial. Some wrongful death claims may be resolved within several months, while more complicated cases can take a year or longer.
What damages may be available in a wrongful death claim?
Compensation may include funeral expenses, medical bills, lost income, loss of benefits, loss of companionship, and the full value of the deceased person’s life.
Can a wrongful death case move forward if there is a related criminal case?
A civil wrongful death claim may still proceed even if there is an ongoing criminal investigation or criminal charges related to the death. The criminal matter may affect the timeline of the civil case.
Who may be able to file a wrongful death claim in Georgia?
The surviving spouse usually has the first right to file. If there is no spouse, the children, parents, or estate representative may have the ability to bring the claim depending on the circumstances.
What evidence is important in a wrongful death lawsuit?
Important evidence may include medical records, accident reports, witness statements, photographs, videos, expert opinions, employment records, and financial documents related to the deceased person’s life and income.