We want to begin by offering our sincerest condolences to you and your family. The sudden loss of a loved one is a devastating event, and we understand that no amount of money can ever replace what you have lost. When this tragedy is caused by the careless or intentional actions of another, the pain is often accompanied by a profound sense of injustice. While legal action may be the furthest thing from your mind, a wrongful death claim can be a powerful step toward achieving accountability and securing the financial stability your family needs to face the future.
At Geiger Legal, our role as a compassionate death attorney in GA is to provide steadfast support and determined legal representation. We handle the complexities of the legal process with the respect and professionalism your family deserves, allowing you to focus on healing.
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Under Georgia law, a wrongful death claim is a civil lawsuit that arises when a person dies as a direct result of the negligent, reckless, criminal, or intentional act of another person or entity. It is a legal action that allows surviving family members to hold the responsible party accountable for the harm they have caused. These tragic incidents can stem from a wide range of preventable events, including:
Motor Vehicle Accidents: Including car, truck, and motorcycle crashes caused by distracted driving, speeding, or driving under the influence (DUI).
Medical Malpractice: Fatal errors such as surgical mistakes, misdiagnosis, or anesthesia errors made by healthcare professionals.
Premises Liability: Including negligent security at an apartment complex, a fatal slip and fall caused by unsafe conditions, or drowning incidents.
Workplace Accidents: A fatal accident claimin Fulton County can arise from construction site falls, equipment malfunctions, or other violations of safety standards.
Defective Products: When a faulty product, from a defective auto part to a dangerous medication, leads to a fatal outcome.
A skilled wrongful death lawyer in Alpharetta will conduct a thorough investigation to establish liability and build a powerful case on your family’s behalf.
Who Can File a Wrongful Death Lawsuit in Georgia?
Georgia Code § 51-4-2 establishes a strict legal hierarchy to determine who has the right to file a wrongful death claim. This ensures that the claim is brought by the individuals most directly impacted by the loss. The order of priority is as follows:
The Surviving Spouse: The primary right belongs to the surviving spouse. If there are also surviving minor children, the spouse acts as their representative, but any settlement or award must be shared equitably among the spouse and children.
The Surviving Children: If there is no surviving spouse, the right to file the claim passes to the decedent’s children, who will share any recovery equally.
The Surviving Parent(s): If the deceased left no spouse or children, their surviving parent or parents may bring the wrongful death action.
The Personal Representative of the Estate: If there are no surviving relatives in the categories above, the administrator or executor of the deceased’s estate has the right to file the claim. In this case, the compensation recovered would become part of the estate and be distributed to the next of kin.
Types of Compensation We Fight For
In Georgia, a wrongful death action uniquely allows for two separate but parallel claims to be filed to recover the full scope of your family’s losses.
The “Full Value of the Life of the Decedent” This is the core of the wrongful death claim and is intended to compensate the surviving family members for the value of the life that was lost. This is a profound concept that includes both tangible and intangible elements. Tangible losses include the future income, benefits, and earning capacity the deceased would have provided. The intangible losses, which are often the most significant part of the claim, represent the loss of care, companionship, guidance, advice, and the joy of the relationship that has been taken away.
The Estate’s Claim for Financial Losses A separate claim can be filed by the estate’s representative to recover the direct financial costs incurred by the estate as a result of the wrongful act. This claim seeks compensation for calculable damages, including:
Medical expenses for the treatment the deceased received before their death.
Funeral and burial expenses.
The conscious pain and suffering the deceased endured between the time of their injury and their passing.
There Are Strict Deadlines: Georgia’s Statute of Limitations
It is crucial for grieving families to understand that the right to file a wrongful death claim is not indefinite. Georgia has a strict two-year statute of limitations, which means a lawsuit must be filed within two years of the date of death. If your family fails to file a claim within this period, the court will almost certainly bar you from ever seeking compensation.
This deadline makes it essential to contact an Alpharetta wrongful death attorney as soon as possible. An early investigation allows us to preserve critical evidence, interview witnesses, and build the strongest possible case before this legal window closes forever.
Frequently Asked Questions
How much does it cost to hire a wrongful death attorney?
We handle all wrongful death cases on a contingency fee basis. This means you will not pay any upfront fees or out-of-pocket costs. Our fee is a percentage of the compensation we successfully recover for your family. If we do not win your case, you owe us nothing.
What if the at-fault party is also facing criminal charges?
A wrongful death claim is a civil lawsuit and is entirely separate from any criminal prosecution. The two cases proceed on parallel tracks. Because the standard of proof is lower in a civil case (“preponderance of the evidence”) than in a criminal case (“beyond a reasonable doubt”), it is possible to win a wrongful death lawsuit even if the defendant is acquitted in criminal court.
How is the value of a wrongful death claim determined?
There is no simple formula, as every life and every family is unique. The value of a claim is determined by many factors, including the deceased’s age, health, earning capacity, and the intangible value of their relationships with their family. An experienced attorney can consult with economists and other experts to build a comprehensive valuation of your family’s full loss to present to the insurance company or a jury.
