Wrongful Death Lawyer in Atlanta, Georgia

How a Wrongful Death Lawyer in Atlanta Can Help After a Fatal Injury

Working with a wrongful death lawyer in Atlanta, Georgia can help surviving family members address the legal and financial questions that follow a fatal accident. The loss of a loved one can leave a family dealing with funeral expenses, lost financial support, probate concerns, and pressure from insurance companies while they are still grieving. Insurers may dispute fault, challenge the value of the deceased person's life, or raise questions about which family member has authority to pursue the claim.

Greathouse Trial Law helps families investigate what happened and develop a wrongful death claim supported by evidence. Depending on the circumstances, the legal team can review police and accident reports, preserve electronic logging device data, examine surveillance footage, interview witnesses, work with accident reconstruction or economic professionals, and address disputes involving statutory priority or estate administration.

If your family lost a loved one because of negligence, call (678) 310-2827 or complete our confidential online form to schedule a free consultation today.

Key Takeaways

Important points about a Georgia wrongful death claim include:

• Depending on the family structure, a surviving spouse, children, parents, or a personal representative may have authority to pursue claims arising from the death.
• A wrongful death claim can include economic and intangible components that reflect the value of the person's life from the deceased person's perspective.
• The wrongful death action generally addresses the full value of life, while an estate claim may address medical expenses, funeral and burial costs, and conscious pain and suffering before death.
• Georgia generally applies a two-year limitations period to personal injury-based wrongful death actions, although tolling provisions and shorter notice requirements may affect certain claims.
• Witness statements, surveillance footage, medical records, electronic information, accident reports, and other evidence can become harder to locate with time.
• Greathouse Trial Law can investigate the fatal incident, preserve evidence, identify potentially liable parties, handle communications with insurance companies, and help your family pursue a wrongful death claim or related estate claim under Georgia law.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil action seeking financial recovery for the full value of the life of a person whose death was caused by negligence, criminal conduct, or a defective product.

Under O.C.G.A. § 51-4-1, Georgia law defines "homicide" for purposes of the Wrongful Death Act to include deaths caused by a crime, criminal or other negligence, or defectively manufactured property.

A wrongful death claim can account for economic components, such as projected lifetime earnings and services, as well as the intangible value of the deceased person's life.

A wrongful death lawsuit focuses on civil liability and the damages available under Georgia law. Because civil and criminal proceedings serve different purposes, the status of a criminal case does not necessarily determine whether a civil wrongful death claim may proceed.

Some important distinctions between wrongful death and criminal proceedings include:

• Wrongful Death Claims are Civil Actions: Qualifying family members may pursue the full value of the deceased person's life, while a related estate claim can address separate damages.
• Criminal Cases Focus on Punishment: A wrongful death lawsuit focuses on civil liability and available financial remedies.
• The Burdens of Proof Differ: Civil cases generally use a preponderance-of-the-evidence standard, while criminal convictions require proof beyond a reasonable doubt.

Statutory Priority for Bringing a Wrongful Death Claim

Georgia law establishes a statutory order that determines which surviving family members have legal standing to file a wrongful death lawsuit.

Surviving Spouse Priority

Under O.C.G.A. § 51-4-2, the surviving spouse generally has the right to bring a wrongful death action for the death of a spouse. If the deceased person also had surviving children, the spouse brings the claim while representing the interests covered by the statute.

Share Allocation for Children

When a surviving spouse and children share in a wrongful death recovery, Georgia law generally divides the amount among them. The surviving spouse is entitled to at least one-third of the recovery, regardless of the number of surviving children.

Rights of Surviving Parents

Under O.C.G.A. § 51-4-4 and O.C.G.A. § 19-7-1(c), if a deceased child leaves no surviving spouse or child, the right to pursue the full value of the child’s life generally belongs to the surviving parent or parents. Georgia law also addresses how the claim may proceed when the parents are divorced, separated, or living apart.

Role of the Estate Administrator or Executor

Under O.C.G.A. § 51-4-5, if no spouse, child, or parent has the right to file the claim under § 51-4-2 or § 51-4-4, the estate’s administrator or executor may bring the wrongful death claim for the surviving relatives entitled to benefit under Georgia law.

Dual Statutory Recovery Paths in Fatal Cases

Georgia law recognizes two separate civil claims after a wrongful death, with each addressing different losses tied to the death.

The Wrongful Death Action

The wrongful death action focuses on the full value of the life of the deceased person from the deceased person’s perspective. This can include economic factors, such as projected lifetime income and services, along with the intangible value of the deceased person’s life. Georgia law does not deduct the deceased person’s necessary or personal expenses when measuring that value.

The Estate Action

The estate action is brought by the court-appointed personal representative and addresses losses that belong to the estate. Depending on the facts, this claim may include medical expenses tied to the final injury, funeral and burial costs, and the deceased person’s conscious pain and suffering before death.

Distinguishing Rules and Statutory Tolling Provisions

Several Georgia laws may affect the time available to bring a wrongful death or related estate claim. The applicable deadline can depend on the type of claim, whether criminal proceedings arise from the same event, and whether a government entity is involved:

• Criminal Case Tolling: Under O.C.G.A. § 9-3-99, the limitation period for certain tort claims arising from an alleged crime may be paused while the related criminal prosecution remains pending. The tolling period generally cannot exceed six years, but whether the statute applies depends on the facts and the type of claim.
• Estate Administration Tolling: Under O.C.G.A. § 9-3-92, the time before an estate representative is appointed may be paused for certain claims belonging to the estate, for up to five years. This pause does not automatically apply to a separate wrongful death claim.
• Municipal Notice Requirement: Under O.C.G.A. § 36-33-5, a person pursuing certain claims for money damages against a city generally must provide written notice within six months of the event giving rise to the claim before filing suit.
• County Notice Requirement: Under O.C.G.A. § 36-11-1, claims against a county generally must be presented within 12 months after the claim accrues or becomes payable.

Benefits of Working With a Wrongful Death Lawyer in Atlanta, Georgia

A wrongful death case can involve insurance policies, probate issues, questions about who may file the claim, and evidence that may become harder to gather over time. A wrongful death lawyer can help families address these issues while dealing with the financial and emotional strain of losing a loved one.

• Evidence Preservation: Legal counsel can act quickly to preserve commercial truck electronic data, security camera footage, accident reports, employer safety records, and other evidence that may support the claim.
• Economic Valuation: Attorneys can work with economic or vocational professionals to evaluate projected lifetime income, household services, and other financial components used when assessing the full value of the deceased person’s life.
• Probate Assistance: When an estate claim is involved, attorneys can assist with probate matters and the appointment of a personal representative who may have authority to pursue claims belonging to the estate.
• Insurance Coverage Review: Legal counsel can review applicable commercial, personal, and umbrella insurance policies and identify potential sources of coverage.
• Courtroom Advocacy: If an insurance company disputes liability or does not offer acceptable terms, an attorney can prepare the case for litigation and present the claim in civil court.

How the Wrongful Death Claims Process Works With Greathouse Trial Law

Greathouse Trial Law offers a free consultation so families can discuss what happened, ask questions about the legal process, and learn how the firm may be able to help with a wrongful death claim.

• Case Evaluation: The Greathouse legal team reviews police reports, identifies which family members may have the right to bring the claim, and examines the individuals or businesses that may be legally responsible.
• Probate Estate Setup: When an estate claim is involved, the team can assist the family with the probate process and the appointment of a personal representative who may pursue claims belonging to the estate.
• Evidence Gathering and Economic Analysis: The attorneys gather available scene evidence, review medical examiner reports, and may work with economic professionals to evaluate projected lifetime income, household services, and other financial components of the claim.
• Insurance Demand Preparation: The firm can prepare a detailed demand that explains the basis for liability, presents supporting evidence, and outlines the financial losses tied to the wrongful death claim.
• Settlement or Civil Litigation: If the insurance company does not offer acceptable terms, Greathouse can file a civil lawsuit and present the case before a judge or jury.

Wrongful Death Matters We Handle

Greathouse Trial Law helps families pursue wrongful death claims arising from several types of fatal accidents and negligent acts throughout Atlanta and across Georgia:

• Fatal Commercial Truck Collisions: Representing families after fatal truck crashes involving driver fatigue, speeding, unsafe driving, or other forms of negligence.
• Fatal Car and DUI Accidents: Assisting families after deadly crashes caused by careless, distracted, reckless, or impaired drivers.
• Fatal Premises Liability Accidents: Pursuing claims involving dangerous property conditions that may lead to a person’s death.
• Fatal Motorcycle Accidents: Helping surviving family members pursue claims after a deadly motorcycle collision caused by another party’s negligence.
• Fatal Pedestrian and Bicycle Collisions: Assisting families after motorists cause fatal injuries to pedestrians or cyclists.
• Fatal Medical Malpractice Cases: Representing families when alleged medical negligence causes a patient’s death.

Why Work With Greathouse Trial Law

Losing a loved one because of another party’s negligence can create profound emotional hardship, sudden financial strain, and uncertainty about the future. Managing insurance communications, legal procedures, and possible probate matters while grieving can place an additional burden on surviving family members. The team at Greathouse Trial Law provides warm, personal attention and handles the legal work so families can focus on healing and supporting one another.

We represent people throughout Atlanta, Georgia, and handle cases in local courts such as the Fulton County Superior Court, DeKalb County State Court, and courts throughout the surrounding Atlanta area. Our firm brings dedicated advocacy, knowledge of Georgia wrongful death law, and thorough preparation to each case. Greathouse Trial Law also helps families deal with insurance companies while keeping them informed about the progress of their wrongful death case.

Greater With Greathouse: Protect Your Rights After a Wrongful Death

Taking prompt action after a fatal accident helps protect your family’s legal rights and preserve important physical and electronic evidence. Moving quickly can give your attorney more time to investigate the scene, preserve commercial surveillance recordings, gather witness information, and address applicable ante litem notice requirements. Working with legal counsel can also help families respond to insurance companies and corporate defense teams that may seek to limit financial liability.

Call (678) 310-2827 or complete our confidential online form to schedule a free consultation today. Greathouse Trial Law represents injured people throughout Atlanta, Georgia, and surrounding communities.

Discover why it’s Greater with Greathouse Trial Law!