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Losing a loved one is devastating. When that loss happens because of someone else’s negligence or misconduct, the pain is even harder to bear. Our Atlanta wrongful death lawyers understand what you’re going through, and we’re here to help you seek justice and compensation for your family.

We’ve spent over three decades fighting for families across Atlanta and throughout Georgia. We know the laws, we know the insurance company tactics, and we know how to win. Most importantly, we treat every family with the compassion and respect they deserve during this difficult time.

 

You Don’t Pay Unless We Win Your Case

Free case review. No upfront fees. We only get paid when you get compensation.

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What Is Wrongful Death in Georgia?

A wrongful death happens when someone dies because of another person’s or company’s negligence, misconduct, or intentional act. Under Georgia law, families have the right to file a wrongful death lawsuit to recover damages and hold the responsible party accountable.

Georgia’s wrongful death statute (O.C.G.A. § 34-12-2) allows certain family members to pursue compensation for the full value of the life lost, including both economic and non-economic damages.

Who Can File a Wrongful Death Claim in Georgia?

Georgia law specifies who is eligible to file a wrongful death lawsuit:

  • Spouse: The surviving husband or wife has first priority
  • Children: If there’s no surviving spouse, the children can file
  • Parents: If the deceased had no spouse or children, parents may file
  • Estate Representative: In some cases, the executor of the estate can file on behalf of the next of kin

Common Types of Wrongful Death Cases We Handle

Wrongful death can result from many different situations. Our Atlanta wrongful death attorneys have experience with all types of cases, including:



Fatal Car Accidents

DUI crashes, distracted driving, reckless driving, and other traffic accidents that result in death.

 

Medical Malpractice

Doctor errors, surgical mistakes, misdiagnosis, medication errors, and hospital negligence.

 

Workplace Accidents

Construction site accidents, industrial incidents, and other fatal workplace injuries.

 

Nursing Home Abuse

Neglect, abuse, and substandard care that leads to a resident’s death.

 

Defective Products

Dangerous products, faulty equipment, and unsafe consumer goods.

 

Premises Liability

Unsafe property conditions, inadequate security, and other hazards on someone’s property.

We also handle cases involving contaminated food or drinks, unsafe prescription drugs, violent crime, and faulty construction.

 

Not Sure If You Have a Case?

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How We’ll Handle Your Atlanta Wrongful Death Case

When you work with our firm, you get experienced lawyers who know how to build strong wrongful death cases. Here’s what you can expect:

Immediate Response and Evidence Collection

Time matters in wrongful death cases. Evidence can disappear, witnesses’ memories fade, and important details get lost. That’s why we act quickly to:

  • Investigate the circumstances of your loved one’s death
  • Gather police reports, medical records, and other documentation
  • Interview witnesses who saw what happened
  • Work with expert witnesses (accident reconstructionists, medical experts, economists)
  • Preserve physical evidence before it’s destroyed
  • Document the full impact on your family

Thorough Case Investigation

We dig deep to understand exactly what happened and who is responsible. Our case investigation includes:

  • Reviewing all available evidence
  • Identifying all potentially liable parties
  • Analyzing applicable laws and regulations
  • Calculating the full value of your claim
  • Building a compelling case for maximum compensation

Robust Negotiations with Insurance Companies

Insurance companies often try to minimize what they pay, even in wrongful death cases. We know their tactics, and we don’t back down. Our lawyers handle all communications with insurers and fight for the full compensation your family deserves.

During settlement mediation, we present strong evidence and make it clear we’re prepared to go to trial if they won’t offer a fair settlement.

Trial Preparation and Litigation

If the insurance company won’t offer fair compensation, we’re ready to take your case to court. Our trial preparation includes:

  • Filing all necessary legal documents
  • Conducting discovery to gather additional evidence
  • Taking depositions of witnesses and defendants
  • Preparing compelling arguments for trial
  • Presenting your case to a jury

Proving Negligence or Misconduct in a Wrongful Death Lawsuit

To win a wrongful death case in Georgia, we must prove four key elements:

  1. Duty of Care: The defendant owed your loved one a duty to act reasonably and safely
  2. Breach of Duty: The defendant failed to meet that duty through negligence or misconduct
  3. Causation: The defendant’s actions directly caused your loved one’s death
  4. Damages: Your family suffered measurable losses as a result

We gather strong evidence to prove each element, including expert testimony, documents, physical evidence, and witness statements. Our goal is to establish clear liability so you can get the justice and compensation your family deserves.

What Damages Can You Recover in a Wrongful Death Case?

Georgia law allows families to recover two types of damages in wrongful death lawsuits:

Full Value of the Life Lost

This includes both economic and non-economic value:

  • Lost income and benefits your loved one would have earned
  • Loss of companionship, care, and guidance
  • The value of the relationship to surviving family members
  • Pain and suffering your loved one experienced before death

Estate Damages

The estate can also recover:

  • Medical expenses related to the final injury or illness
  • Funeral and burial costs
  • Pain and suffering before death
  • Lost wages between injury and death

Every case is different. We carefully calculate the full value of your claim to make sure you’re not shortchanged by insurance companies.

 

Find Out What Your Case Is Worth

Get a free, no-obligation case evaluation from experienced wrongful death lawyers.

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Important Georgia Wrongful Death Laws You Should Know

Statute of Limitations

In Georgia, you generally have two years from the date of death to file a wrongful death lawsuit. This deadline is strict, and if you miss it, you lose your right to pursue compensation.

There are some exceptions, but don’t wait. Contact us as soon as possible to protect your rights.

Comparative Negligence Rules

Georgia follows a comparative negligence rule. If your loved one was partially at fault for the accident, it could reduce your compensation. However, as long as they were less than 50% at fault, you can still recover damages.

Insurance companies often try to blame the victim to reduce what they pay. We fight back against these tactics and protect your loved one’s reputation.

Choosing the Right Atlanta Wrongful Death Attorney

Not all lawyers are the same. When you’re choosing someone to handle your wrongful death case, look for these important qualities:

 

Experience That Matters

You need a lawyer who has successfully handled wrongful death cases before. We’ve been representing Atlanta families for over 30 years, and we know what it takes to win.

Compassion During a Difficult Time

This is about more than money—it’s about justice for your loved one. We treat every family with respect, empathy, and understanding. We’re here to support you through this emotional process.

Resources to Build a Strong Case

Wrongful death cases require expert witnesses, thorough investigations, and sometimes significant upfront costs. Our firm has the resources to build the strongest possible case without you paying anything upfront.

Clear Communication

You should never be left wondering what’s happening with your case. We keep you informed every step of the way and explain everything in language you can understand.

Proven Track Record

Look at results. We’ve recovered millions of dollars for families across Georgia and have a history of successful settlements and verdicts.

How Much Does It Cost to Hire a Wrongful Death Attorney?

We work on a contingency fee basis. That means:

  • No upfront costs: You don’t pay anything to get started
  • No fees unless we win: We only get paid if we recover compensation for you
  • Free consultation: Your initial case review is completely free
  • We cover case expenses: Investigation costs, expert fees, and court costs are covered by us

When we do recover compensation, our fee is a percentage of what we win. This arrangement lets families get quality legal representation without worrying about how to pay for it.

 

Get Help Today—Completely Risk-Free

There’s no cost to talk with us, and no obligation to hire us. Let us review your case and explain your options.

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What Makes Wrongful Death Different from Personal Injury Claims?

People often ask about the difference between these two types of cases. Here’s the key distinction:

  • Personal Injury Claims: The injured person files the lawsuit and receives compensation for their injuries
  • Wrongful Death Claims: Family members file the lawsuit after someone dies due to negligence or misconduct

The legal process and types of damages are different. Wrongful death claims focus on the loss to surviving family members, while personal injury claims focus on the injured person’s suffering and losses.

Why Families Trust Our Atlanta Wrongful Death Lawyers

When you work with our firm, you benefit from:

  • Financial compensation for your family to help with medical bills, funeral costs, lost income, and future financial security
  • Justice and accountability for those responsible for your loved one’s death
  • Emotional support during a difficult time from lawyers who genuinely care about your family
  • Expertise navigating complex laws so you don’t have to figure it out alone
  • Strong negotiation with insurers who try to minimize what they pay
  • Access to expert witnesses who strengthen your case

We handle the legal battle so you can focus on grieving and healing with your family.

Frequently Asked Questions About Wrongful Death Cases

A wrongful death occurs when someone dies because of another person’s or company’s negligence, misconduct, or intentional act. This includes deaths from car accidents, medical malpractice, workplace accidents, defective products, and many other situations where someone failed to act safely or responsibly.

Georgia law establishes a specific order: (1) the surviving spouse has first priority, (2) if there’s no spouse, the children can file, (3) if there are no children or spouse, the parents may file, and (4) if none of these family members exist, the executor of the estate can file on behalf of the next of kin.

Common wrongful death cases include fatal car accidents (especially DUI crashes), medical malpractice, workplace accidents, nursing home abuse or neglect, defective products, premises liability accidents, violent crimes, and any other situation where negligence or misconduct causes someone’s death.

Most wrongful death attorneys, including our firm, work on contingency fees. This means you pay nothing upfront, and the attorney only gets paid if they win your case. The fee is a percentage of the compensation recovered. Your initial consultation is free, and you have no obligation to hire us after we review your case.

Yes, most wrongful death lawyers work on contingency, meaning they only get paid if they recover compensation for you. This allows families to get experienced legal representation without worrying about upfront costs during an already difficult financial time.

In Georgia, you generally have two years from the date of death to file a wrongful death lawsuit. There are limited exceptions to this deadline, but it’s critical to act quickly. If you miss the deadline, you lose your right to pursue compensation. Contact an attorney as soon as possible to protect your rights.

The timeline varies depending on the complexity of the case and whether it settles or goes to trial. Some cases settle in a few months through negotiation, while others may take one to two years or longer if they go to trial. We work efficiently while making sure we build the strongest possible case for your family.

Georgia allows recovery of the full value of the life lost, including both economic damages (lost income, benefits) and non-economic damages (loss of companionship, care, guidance). The estate can also recover medical expenses, funeral costs, and pain and suffering. Each case is unique, and we calculate the full value based on your specific situation.

To prove negligence, we must show four elements: (1) the defendant owed a duty of care to your loved one, (2) they breached that duty through negligence or misconduct, (3) their actions directly caused the death, and (4) your family suffered damages as a result. We use evidence like witness testimony, expert analysis, documents, and physical evidence to prove these elements.

In a personal injury claim, the injured person files the lawsuit and receives compensation for their injuries. In a wrongful death claim, family members file the lawsuit after someone dies due to negligence, and they receive compensation for their loss. The types of damages and who can file are also different between these two types of cases.

Take the First Step Toward Justice

You’re facing one of the most difficult times in your life. You shouldn’t have to face it alone, and you shouldn’t have to worry about how to pay for a lawyer.

Our Atlanta wrongful death attorneys are ready to fight for your family. We’ll handle the legal battle while you focus on healing. And you won’t pay us a penny unless we win your case.

 

Schedule Your Free Consultation

Available 24/7 • No Obligation • Completely Confidential

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Contact Our Atlanta Wrongful Death Lawyers Today

Phone: 866-4-LAW-411

Email: help@atlantawrongfuldeath.com

Office Location: 123 Peachtree Street NE, Suite 500, Atlanta, GA 30303

Hours: Available 24/7 for urgent matters

We serve clients throughout Atlanta and all of Georgia, including Marietta, Sandy Springs, Roswell, Johns Creek, Alpharetta, and surrounding areas.

 

Important Legal Disclaimer

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Past results do not guarantee future outcomes.

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