Get Answers About Wrongful Death Cases & Compensation

Wrongful death happens when someone dies because of another person or company’s carelessness or bad decision. It can follow car crashes, workplace incidents, or even toxic exposure. The family can sue the responsible party through a civil case to seek justice and compensation.

In Atlanta, GA, the spouse, children, or parents of the person who passed away can file a wrongful death claim. Adopted family members count too. But stepparents and stepchildren aren’t included under Georgia law unless they’ve been legally adopted.

No, siblings can’t file a wrongful death lawsuit in Georgia. But if a sibling is named as the executor of the estate, they might be able to bring a survival action, which is different and focuses on the pain, suffering, or damages the deceased experienced before passing.

To win a case, you need to show four things:

• Someone owed your loved one a duty of care.
• They broke that duty (like reckless driving).
• That failure caused the death.
• You suffered losses as a result.
•  A wrongful death lawyer can help gather the right evidence to prove your case.

In Atlanta, start by identifying who’s at fault. Then, file your lawsuit within 2 years of the date of death. You’ll need to prepare legal documents and notify the parties you’re suing. Speaking with a wrongful death attorneyearly can help you avoid legal setbacks.

You need to show that the person or company had a legal duty to protect your loved one, failed to do so, and that failure caused the death. Evidence like police reports, medical records, photos, or expert testimony can help support your case.

It varies. Some cases settle in just a few months, while others—especially complex ones—can take a year or longer, particularly if they go to trial. A knowledgeable Atlanta wrongful death attorney can help move your case forward while protecting your rights.

Liability is proven by showing that the at-fault party breached a duty of care, directly causing the death. This involves evidence such as witness statements, accident reports, and expert analysis. Proving negligence is key to holding someone accountable in a wrongful death lawsuit.

Yes. Even if the deceased wasn’t earning an income, families may recover non-economic damages like loss of companionship, guidance, and emotional suffering. Courts recognize the value of these contributions, especially in cases involving children, retirees, or stay-at-home parents.

Yes. Pain and suffering can be claimed by survivors for their own emotional distress, and by the estate for the deceased’s suffering prior to death. These damages acknowledge the deep personal loss and trauma experienced due to the fatal event.

Compensation is divided based on state laws and family relationships. In some states, the court allocates shares among eligible survivors. In others, the plaintiff (often the spouse or parent) may distribute the award fairly, or as guided by a judge.

Yes, in some cases. Punitive damages may be awarded when the at-fault party acted with gross negligence or willful misconduct. These are meant to punish wrongdoers and deter similar actions, especially in cases like drunk driving or intentional harm.

Atlanta and many other states use comparative fault rules. If the deceased was partially responsible, compensation may be reduced proportionally. However, if they were more than 50% at fault, the family may not be eligible to recover damages.

A wrongful death claim compensates surviving family members for their losses. A survival action, filed by the estate, seeks damages the deceased could have claimed if they had lived (like medical bills or lost wages). Both claims can often be filed together.

While not always required, an autopsy can provide crucial medical evidence proving the cause of death. It helps connect the fatal injuries to the negligence involved. Your attorney can advise if an autopsy would strengthen your claim.

Wrongful death cases are typically investigated by attorneys and their legal teams. In some instances, private investigators or expert witnesses (like accident reconstructionists or forensic specialists) are also brought in to gather and analyze critical evidence.

Yes. Civil wrongful death lawsuits can proceed before, during, or after a criminal case. Even if the defendant is acquitted in a criminal trial, they can still be held liable in civil court, where the burden of proof is lower.

In some states, yes. If a fetus was viable and died due to someone’s negligence—such as in a car accident or medical malpractice incident—a wrongful death claim may be permitted. State laws vary widely, so legal guidance is important.

Yes. If a nursing home’s negligence—such as abuse, neglect, or unsafe conditions—caused a resident’s death, the family may have a valid wrongful death case. These claims often involve poor staffing, medication errors, or failure to provide proper care.

In general, compensation for physical injuries or death is not taxable under IRS rules. However, punitive damages and certain interest payments may be taxable. Always consult with a tax professional to understand the specific implications of your settlement.

Yes. You can sue more than one defendant if multiple parties share responsibility. For example, in a truck accident, both the driver and the trucking company may be liable. The court or jury can assign fault and divide damages accordingly.

If no eligible family member files a claim within the statute of limitations, the right to sue may be lost forever. In some cases, the estate may pursue a survival action independently, but wrongful death damages specifically for the family may be forfeited.