A wrongful death occurs when someone loses their life because of another person’s negligence, recklessness, or misconduct. Sadly, these cases are far too common in Atlanta and across Georgia. Families are left grieving not only the emotional loss but also the financial burden that comes with funeral costs, unpaid medical bills, and the sudden loss of income.
This article will explain everything you need to know about wrongful death claims in Atlanta. You’ll learn:
- What wrongful death means under Georgia law
- Who can file a claim and what damages may be recovered
- The most common causes of wrongful death in Atlanta
- How long families have to file a lawsuit
- The role of an Atlanta wrongful death lawyer in guiding families through the process
By the end, you’ll understand both your legal options and why professional legal support is critical in these sensitive cases.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed when a person’s death results from negligence, recklessness, or intentional misconduct. It is separate from a criminal case, which focuses on punishment. Instead, a wrongful death case seeks financial recovery for the surviving family members.
Key aspects of Georgia law include:
- The law measures damages based on the “full value of the life of the decedent”.
- This includes tangible losses (like wages and benefits) and intangible losses (like love, care, and companionship).
- Wrongful death claims are intended not only to support families but also to hold negligent parties accountable.
Examples of wrongful death cases in Georgia range from medical errors to fatal car crashes caused by drunk drivers.
Who Can File a Wrongful Death Claim in Atlanta, Georgia?
Georgia law has a strict order of priority for who may bring a wrongful death lawsuit. This ensures claims are handled fairly and consistently.
- Spouse of the deceased – has the first right to file. If there are children, the spouse shares recovery with them but always receives at least one-third of the settlement.
- Children of the deceased – if there is no surviving spouse, children may file.
- Parents of the deceased – if there is no spouse or children, the parents may pursue the claim.
- Estate representative – can file on behalf of the estate to recover specific expenses like medical bills, funeral costs, and pain and suffering experienced before death.
👉 Because the filing order is legally strict, families often benefit from consulting an Atlanta wrongful death lawyer to confirm eligibility and avoid disputes.
Common Causes of Wrongful Death in Atlanta
Wrongful deaths can arise from a wide range of incidents. Some of the most common causes include:
- Car Accidents – Speeding, distracted driving, and impaired driving cause thousands of fatal accidents every year in Georgia.
- Truck Accidents – Collisions with semi-trucks and tractor-trailers are especially devastating because of their size and weight.
- Medical Malpractice – Misdiagnosis, surgical mistakes, birth injuries, or medication errors can all lead to fatal outcomes.
- Workplace Accidents – Unsafe working conditions, falls from heights, and machinery failures are common causes of fatal injuries.
- Premises Liability – Negligent security, dangerous property conditions, or defective products may lead to wrongful deaths.
- Criminal Acts – Assault, violence, or intentional misconduct resulting in death also fall under wrongful death law.
Each case is different, and proving liability requires detailed evidence collection.
What Damages Can You Recover in a Wrongful Death Lawsuit?
Georgia law allows surviving family members to recover damages representing the “full value of life.” This may include:
- Economic Damages
- Lost wages and benefits
- Loss of financial support
- Value of household services (childcare, caregiving, etc.)
- Non-Economic Damages
- Loss of companionship, guidance, and emotional support
- Mental anguish suffered by the family
- Medical Expenses
- Costs for treatment provided before death (e.g., hospitalization, surgeries)
- Funeral and Burial Costs
- Covered under estate claims
- Punitive Damages
- Awarded in rare cases to punish extreme negligence or intentional harm
👉 The total compensation can vary greatly, and calculating it properly is one of the most important tasks of a wrongful death lawyer.
How an Atlanta Wrongful Death Lawyer Can Help
A wrongful death claim is one of the most complex areas of personal injury law. Families dealing with grief may find the legal process overwhelming, which is why having an attorney is essential.
A skilled Atlanta wrongful death lawyer will:
- Investigate the incident thoroughly, gathering police reports, medical records, witness statements, and other evidence.
- Work with experts such as accident reconstruction specialists, financial analysts, and medical professionals.
- Negotiate with insurance companies to avoid unfair, low settlement offers.
- File lawsuits and represent you in court if negotiations fail.
- Guide families emotionally and legally, helping them stay informed while focusing on healing.
Why Choose Finch McCranie LLP?
Not all law firms have the same level of experience in wrongful death cases. Atlanta families have trusted Finch McCranie LLP for decades because:
- We have over 50 years of legal experience handling wrongful death and personal injury claims.
- Our attorneys have achieved multi-million-dollar verdicts and settlements.
- We combine compassion with aggressive representation, understanding the emotional weight of these cases.
- As an Atlanta-based firm, we know Georgia wrongful death law inside and out.
Our commitment is to honor the memory of your loved one while fighting for the justice your family deserves.
Statute of Limitations in Georgia Wrongful Death Claims
Timing is critical in wrongful death cases. Under Georgia law:
- Families generally have two years from the date of death to file a wrongful death lawsuit.
- If the death involved a criminal act (like DUI or assault), the statute may be paused until the criminal case is resolved.
- If the estate is not probated right away, the time period may be extended.
👉 Missing the deadline can mean losing your right to recover damages. That’s why consulting an Atlanta wrongful death lawyer as soon as possible is essential.
Additional Legal Considerations Families Should Know
- Comparative Negligence in Georgia – If the deceased was partially at fault (e.g., in a car accident), damages may be reduced by their percentage of fault.
- Wrongful Death vs. Survival Action – Wrongful death claims are for the family; survival actions allow the estate to recover damages the victim could have pursued if they had survived.
- Multiple Defendants – Some cases involve more than one liable party, such as a driver and a trucking company.
- Insurance Complications – Wrongful death cases often involve multiple insurers, making negotiations more complex.
Conclusion & Call to Action
The loss of a loved one due to negligence is devastating, but families do not have to face the legal and financial burdens alone. A dedicated Atlanta wrongful death lawyer can help you pursue justice, hold negligent parties accountable, and secure compensation to support your future.
At Finch McCranie LLP, we bring compassion, experience, and proven results to every case.
📞 Call today for a free consultation and let our team fight for the justice your family deserves.
Frequently Asked Questions (FAQs)
How long does a wrongful death case take in Atlanta?
The length of a wrongful death case depends heavily on the facts, evidence, and whether the case goes to trial. Some cases may be resolved within six months if liability is clear and both parties agree to settle quickly. However, cases involving disputed liability, multiple defendants, or extensive damages can take one to two years or longer. Trials, in particular, often extend the timeline but may also result in higher compensation. A lawyer’s job is to balance efficiency with ensuring your family receives fair value for the claim.
Do wrongful death lawsuits always go to court?
Not every wrongful death lawsuit requires a trial. Many claims are resolved through settlements with insurance companies or the responsible parties, often before reaching court. However, having a lawyer who is trial-ready makes a major difference, because insurers know they cannot pressure families into accepting less. If negotiations fail or if liability is strongly contested, going to court may be the only way to secure fair compensation. Either way, your lawyer will guide you through every step.
What percentage does a wrongful death lawyer take?
Most Atlanta wrongful death lawyers work under a contingency fee agreement. This means you do not pay any money upfront, and the lawyer is only paid if they successfully win or settle your case. Typically, the fee is a percentage of the recovery—often between 30% and 40%, depending on whether the case settles early or goes through trial. This system ensures that families can pursue justice without worrying about out-of-pocket legal costs while they are grieving.
What is the average wrongful death settlement in Georgia?
There is no exact “average” settlement because each case is unique. Compensation depends on several factors, including the victim’s age, career, earning capacity, medical bills before death, funeral costs, and the emotional impact on surviving family members. Some settlements may be in the hundreds of thousands, while others involving high-earning individuals or severe negligence can reach several million. An experienced lawyer will evaluate all aspects of your case to pursue the maximum amount possible.
Can siblings file a wrongful death claim?
Under Georgia law, siblings are not typically eligible to file a wrongful death claim unless there are no surviving spouses, children, or parents. The right to file follows a strict legal order of priority to ensure fairness. However, siblings may still be entitled to inherit from estate-related claims if they are designated heirs. Since family structures can be complex, it’s important to consult with a wrongful death attorney to fully understand eligibility in your specific situation.
How soon should I contact a wrongful death lawyer?
It is strongly recommended to contact a wrongful death lawyer as soon as possible after the loss. Key evidence such as accident reports, witness testimony, medical records, and even surveillance footage can be lost or harder to obtain with time. Additionally, Georgia law imposes strict deadlines for filing a claim. The sooner a lawyer is involved, the sooner they can start building a strong case while protecting your family’s legal rights.
What’s the difference between a wrongful death claim and a personal injury claim?
A personal injury claim is filed when a person is injured but survives the accident, allowing them to pursue compensation for their medical bills, lost income, and suffering. A wrongful death claim, on the other hand, is filed by family members when the victim does not survive. In Georgia, wrongful death focuses on the “full value of life” lost, which includes both economic and intangible damages. While both types of cases seek accountability, wrongful death claims are more complex and often involve higher stakes.