Wrongful Death Lawyers in Atlanta, Georgia

In Georgia, the eligibility to file is determined based on a hierarchy of relationships to the deceased:

1. Spouse: The spouse is entitled to at least one-third of the total recovery, regardless of the number of children.
2. Children: If there is no surviving spouse, the deceased person’s children can file the claim. The recovery is divided equally among them.
3. Parents: In cases where the deceased person leaves behind no spouse or children, their parents are eligible to file a wrongful death claim.
4. Estate Representative: Any recovery goes to the estate and is distributed according to the deceased person’s will or the laws of intestacy if there is no will.

Deaths caused by the negligent or intentional actions of another person or business could justify a wrongful death claim. The law treats wrongful deaths and personal injuries in a similar manner, meaning it’s necessary to show some kind of misconduct or unreasonable behavior on the part of the at-fault party and clearly demonstrate that those actions or inaction led to the death. 

Any claim that can be brought for injuries can be brought as a wrongful death claim. If a driver runs a red light, and the driver or passengers in a vehicle they strike suffer fatal injuries, the family of the victims can likely pursue a wrongful death claim. If a patient dies because a doctor failed to provide the appropriate standard of care, the patient’s surviving family members may have a valid wrongful death claim. 

These claims have all the same challenges as a personal injury case, with the primary difference being the level of damages. Because wrongful death claims may need to replace decades of lost earnings and significant non-economic damages, the value of these claims can be particularly high. This can result in insurance companies putting up a more aggressive fight to minimize their losses. 

• Economic Damages: These are calculated based on the “full value of the life” of the deceased, from the standpoint of the deceased. This includes lost wages and benefits, as well as the intangible benefits of life, such as the enjoyment of life experiences and relationships.
• Non-Economic Damages: Georgia law recognizes the intangible value of a person’s life, including aspects like companionship, guidance and emotional support. The jury is tasked with determining this value, which can be a complex and nuanced process.
• Medical and Funeral Expenses: Deaths caused by negligence often aren’t immediate. Significant medical expenses accrued due to attempted life-saving emergency care are common. Not only do families have to deal with the emotional loss, but they’re also required to pay for services that failed to save their loved one. A wrongful death claim should compensate the estate or family for those expenses, as well as any costs resulting from the death, like funeral expenses.
• Punitive Damages: It’s important for surviving family members to recognize that not every wrongful death case necessarily justifies punitive damages. Specific circumstances, namely willful misconduct, malice or egregious conduct, are necessary to justify seeking punitive damages in a wrongful death case.  

Yes, as long as your loved one is less than 50 percent at fault, you can still file a wrongful death claim. Georgia’s modified comparative negligence doctrine means that people injured or families who have lost loved ones due to the negligent or intentional actions of another party can still pursue damages as long as the victim isn’t primarily at fault. 

However, the family or estate’s recovery will be reduced by their percentage of fault. For example, if damages total $100,000 and your loved one is deemed to be 30 percent at fault for the fatal accident, your family will only recover $70,000. 

Proving fault and degrees of shared fault is a primary goal of both the plaintiff and the defense’s legal teams. Attorneys skilled at investigating, uncovering evidence and working with experts, like doctors or accident reconstruction experts, may be able to clearly demonstrate your loved one wasn’t at fault or that the defense’s arguments regarding shared fault aren’t supported by the evidence. 

The Law Office of Cameron Hawkins in Atlanta, GA, has a wealth of experience in handling wrongful death claims, including those involving complex issues of comparative negligence. The firm is committed to providing compassionate and knowledgeable legal support to help you navigate this challenging time and seek the justice and compensation your family deserves.