The loss of a loved one due to another party’s negligence is devastating. Beyond the emotional pain, families are often left facing sudden financial hardship, unanswered questions, and a need for accountability. When a death is caused by negligence, recklessness, or wrongful conduct, Georgia law allows certain surviving family members to pursue a wrongful death claim.
If you lost a loved one due to negligence in [City], Georgia, The C. Paul Law Firm P.C. can help you understand your rights and evaluate your legal options during this difficult time.
What Is Wrongful Death Under Georgia Law?
A wrongful death occurs when a person’s death is caused by the negligent, reckless, intentional, or criminal act of another party. Georgia’s wrongful death laws are designed to compensate surviving family members for the full value of the life of the deceased.
Wrongful death claims are civil actions and are separate from any criminal proceedings that may arise from the same incident.
Common Causes of Wrongful Death
Wrongful death claims in Georgia commonly arise from:
- Motor vehicle and truck accidents
- Motorcycle and pedestrian accidents
- Medical malpractice
- Workplace and construction accidents
- Defective or dangerous products
- Premises liability incidents
- Fires, explosions, or electrocution
- Nursing home abuse or neglect
- Violent or intentional acts
Each case is evaluated based on how the death occurred and who may be legally responsible.
Who Can File a Wrongful Death Claim in Georgia?
Georgia law strictly defines who has the right to bring a wrongful death claim.
Eligible Parties to File a Claim
|
Relationship to Deceased |
Right to File |
|
Surviving spouse |
Primary right to file |
|
Children |
If no surviving spouse |
|
Parents |
If no spouse or children |
|
Estate representative |
In limited circumstances |
Additional rules apply regarding how damages are divided among surviving family members.
What Damages Are Available in a Georgia Wrongful Death Case?
Georgia law allows recovery for the full value of the life of the deceased, which includes both economic and non-economic components.
Wrongful Death Damages Overview
|
Type of Damages |
Examples |
|
Economic Value |
Lost income, benefits, services |
|
Non-Economic Value |
Loss of companionship, enjoyment of life |
|
Medical Expenses |
Care provided before death |
|
Funeral & Burial Costs |
Reasonable related expenses |
|
Estate Damages |
Pain and suffering before death |
These damages are intended to reflect the value of the life from the perspective of the deceased.
What Must Be Proven in a Georgia Wrongful Death Case
To pursue a wrongful death claim in Georgia, the surviving party generally must establish:
- A death occurred
- The death was caused by another party’s negligence or wrongful act
- The defendant owed a duty of care
- That duty was breached
- The breach caused the death
- Damages resulted
Evidence may include accident reports, medical records, expert testimony, and financial documentation.
Wrongful Death vs. Survival (Estate) Claims
Wrongful death claims are often brought alongside estate claims, which are separate but related.
- Wrongful Death Claim: Compensates survivors for the value of the life lost
- Estate Claim: Compensates the estate for medical bills, pain and suffering, and other losses before death
Both claims may be pursued simultaneously under Georgia law.
Comparative Negligence in Georgia Wrongful Death Cases
Georgia follows a modified comparative negligence rule. If the deceased was partially at fault, recovery may be reduced. If fault reaches 50% or more, recovery may be barred.
This makes early investigation especially important in wrongful death cases.
Statute of Limitations for Wrongful Death Claims in Georgia
Most wrongful death claims in Georgia must be filed within two years from the date of death. Certain factors—such as pending criminal cases or claims involving government entities—may affect or toll this deadline.
Missing the statute of limitations can permanently bar recovery.
What to Do After a Wrongful Death in Georgia
To protect your family’s rights:
- Obtain death certificates and official reports
- Preserve evidence related to the incident
- Avoid speaking with insurers without legal guidance
- Keep records of financial losses and expenses
- Seek legal counsel as early as possible
Prompt action can help preserve evidence and protect your claim.
Frequently Asked Questions
Is wrongful death a criminal case?
No. Wrongful death claims are civil cases, even if criminal charges are also filed.
Can multiple family members recover damages?
Yes, but Georgia law controls who files and how damages are divided.
What if the death occurred at work?
Workers’ compensation or third-party wrongful death claims may apply.
Why Choose The C. Paul Law Firm P.C.
- Experience handling serious Georgia injury and wrongful death cases
- Knowledge of Georgia wrongful death statutes and procedures
- Strategic evaluation of liability and damages
- Compassionate, professional communication
- Commitment to ethical, client-focused representation
We approach wrongful death cases with care, diligence, and respect for the families we serve.
Speak With a Wrongful Death Lawyer in [City], Georgia
If you lost a loved one due to negligence in [City], Georgia, The C. Paul Law Firm P.C. is here to help you understand your legal options and pursue accountability.
Contact our office today to schedule a confidential consultation.
The C. Paul Law Firm P.C.
1870 The Exchange, Suite 200, #1387
Atlanta, GA 30339
Phone: (212) 551-PAUL
Website: www.cpaullawfirm.com
Reach out today to speak with a member of our team and take the next step toward justice and closure.