Losing someone you love because of a sudden tragedy is one of the most painful things a family can experience, and the weight of that loss only grows heavier when you realize the tragedy could have been prevented entirely.
Along with the heavy emotional toll of your grief, you are likely dealing with unexpected financial burdens like unpaid medical bills and funeral costs that you simply did not plan for.
If your family member passed away because another person or organization acted carelessly, Georgia law allows you to seek justice and financial support through a wrongful death lawsuit.
Because Georgia places a strict two-year time limit on filing these types of legal actions, reaching out to the Atlanta wrongful death lawyers at Chance, Forlines, Carter & King, PC as soon as possible is a smart step to protect your family’s future.
Defining a Wrongful Death Lawsuit in Georgia
In Georgia, a wrongful death happens when a person dies due to the negligent, reckless, or intentional actions of another individual or business entity.
This legal concept means that if the victim had survived the incident, they would have been allowed to file a personal injury lawsuit, but since they passed away, their surviving family members step into their shoes to hold the responsible parties accountable.
Multiple groups or individuals can share responsibility for a single tragic event, such as a negligent surgeon, a hospital with poor safety protocols, or a medical device manufacturer.
To build a strong case, a lawyer must establish that the defendant owed your loved one a duty of care, failed to meet that standard of care, and directly caused the death as a result of that failure.
Common Causes of a Georgia Wrongful Death Claim
Families who are grieving often have grounds to seek financial recovery after any type of fatal event that was caused by someone else’s carelessness or bad behavior.
Our legal team focuses heavily on complex cases where professional negligence leads to a tragic loss of life. Some of the most frequent causes of these claims include:
- Medical Malpractice – This includes severe mistakes like surgical errors, a failure to diagnose cancer or other life-threatening conditions, birth injuries, and general hospital negligence.
- Motor Vehicle Accidents – Drivers who choose to text, speed, or drive under the influence of alcohol or drugs frequently cause fatal crashes on Georgia highways.
- Workplace Accidents – Employers who fail to provide proper safety gear or force employees to work in hazardous conditions can be held accountable for fatal injuries on the job.
- Defective Products – Manufacturers who distribute dangerous consumer goods, faulty medical devices, or unsafe vehicle parts can be liable if their products cause a fatal injury.
- Premises Liability – Property owners who fail to repair dangerous conditions or secure their premises from foreseeable criminal acts can be held responsible for fatal accidents on their land.
The legal team at Chance, Forlines, Carter & King, PC can sit down with you, look closely at what happened, and launch a full investigation to gather the medical records and evidence needed to build your case.
Who Can File an Atlanta Wrongful Death Lawsuit
Georgia has very specific rules about who is allowed to bring a wrongful death case to court, and the law prioritizes immediate family members to ensure those who depended on the deceased receive support.
The law establishes a clear order of who can file:
- The surviving spouse, who must also represent the interests of any minor children.
- The surviving children, if there is no living spouse.
- The surviving parents, if the deceased had no spouse or children.
- The administrator or executor of the deceased person’s estate, if there are no surviving spouses, children, or parents.
Starting a Wrongful Death Claim in Georgia
Under Georgia law, the process actually involves two separate legal claims that can be brought after a fatal tragedy, and understanding how they work is important.
The first claim is the wrongful death claim itself, which is brought by the family members to recover the full value of the life of the person who passed away.
The second claim is an estate claim, which is filed by the administrator of the estate to recover the financial losses directly tied to the injury and death, such as emergency medical bills and funeral costs.
Our legal team can help your family set up the necessary estate administration so that both claims can proceed smoothly and without unnecessary delays.
Recovering Damages in a Wrongful Death Case
When evaluating a case, Georgia courts measure wrongful death damages by looking at what is called the full value of the life of the decedent from the perspective of the deceased person.
This measure includes both the financial contributions they would have made to their family and the intangible experiences they lost.
The primary areas of compensation typically include:
- Lost wages, benefits, and future earning capacity over their expected lifetime;
- Loss of companionship, care, advice, and parental guidance for surviving family members; and
- Pain and suffering experienced by the deceased before they passed away, along with medical and burial bills.
In some rare cases where the behavior of the responsible party was extremely reckless or malicious, a court might also award punitive damages to punish the wrongdoer and warn others against acting in the same dangerous way.
Contact Our Atlanta Wrongful Death Lawyer Today
If you have lost a loved one in a preventable tragedy, your family deserves a dedicated legal advocate who will stand up for your rights.
Since 1997, the lawyers at Chance, Forlines, Carter & King, PC have been helping injured patients and grieving families across Georgia, recovering over $600 million in verdicts and settlements.
We specialize in complex medical malpractice and catastrophic injury cases, and we are ready to put our decades of experience to work for you.
Contact our Atlanta office today at (404) 760-7400 to schedule a free, confidential consultation, which is available to you 24 hours a day, 7 days a week. We represent clients in Atlanta, Augusta, Macon, Savannah, Decatur, Jonesboro, Columbus, Gainesville, and throughout Georgia.
Learn more about wrongful death claims in our blog
If you live in Atlanta and need an experienced wrongful death lawyer, please contact Chance, Forlines, Carter & King, PC for a free consultation.
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