Getting that devastating phone call about the sudden loss of a family member changes your world forever, especially when you realize the tragedy should have never happened in the first place.
When medical errors, dangerous conditions, or reckless behaviors take someone you love, the emotional weight can feel completely overwhelming to carry on your own.
Chance, Forlines, Carter & King, PC has been standing alongside grieving families across Georgia since 1997, fighting to hold negligent parties accountable and recovering over $600 million in verdicts and settlements.
We offer free, confidential consultations 24/7 at (404) 760-7400 to help you understand your legal options during this incredibly painful transition.
Types of Legal Actions Allowed Under Georgia Law
Georgia law separates actions stemming from a fatal incident into two distinct legal claims that are typically filed together:
- Wrongful death claims: These actions focus on compensating the surviving family members for the intrinsic and economic value of the deceased person’s life going forward.
- Estate survival actions: Brought by the personal representative of the estate, these claims recover expenses incurred before death, including medical bills, final hospital costs, funeral expenses, and the conscious physical pain and suffering experienced by your relative prior to passing.
Common Incidents That Lead to Wrongful Death Injuries
Fatal events occur across many environments, though medical errors represent a massive focus of our practice:
- Surgical errors and anesthesia mistakes
- Failure to diagnose serious illnesses or delayed cancer diagnoses
- Birth injuries resulting in maternal or infant death
- Hospital neglect and medication administration errors
- Commercial truck collisions and multi-vehicle crashes
- Automobile, motorcycle, and ride-share accidents
- Hazardous property conditions and structural failures
- Dangerous or defective products and medical devices
- Dangerous workplace incidents and equipment failures
Family Members Authorized to File a Wrongful Death Claim
Georgia establishes a specific hierarchy determining which family members have the legal standing to file a claim:
- The surviving spouse holds the primary right to file, and if there are surviving children, the spouse shares the recovery equally with them (though the spouse always retains at least one-third of the total recovery).
- If there is no surviving spouse, the surviving children are authorized to file the claim together.
- If the deceased left behind no spouse or children, the surviving parents have the right to bring the legal action.
- If there is no spouse, child, or parent, the administrator of the estate files the claim, and any recovery is held for the benefit of the next of kin.
How Financial Losses and Value Are Calculated
Georgia uses a unique statutory standard to value wrongful death claims that focuses on the full value of the life of the decedent from their own perspective rather than just the financial loss to survivors:
- Financial value: The projected lifetime earnings, workplace benefits, pensions, and calculated monetary value of household services such as childcare and maintenance the person would have provided over a normal life span.
- Intangible value: The value of living life itself, including enjoying family milestones, pursuing hobbies, building relationships, and experiencing daily activities that were cut short.
- Estate recovery: Direct reimbursement for final medical expenses, hospital bills, funeral and burial costs, as well as compensation for any pain and suffering endured between the time of injury and death.
Deadlines for Filing Your Claim in Georgia
In Georgia, the statute of limitations for filing a wrongful death lawsuit is generally two years from the exact date of your loved one’s passing. Waiting to consult an attorney can make gathering vital medical evidence or physical proof much harder as time moves on.
Certain situations alter these deadlines. If the case involves a municipal, county, or state government agency, formal ante litem notices must be filed within six to twelve months of the incident. Conversely, if a criminal prosecution against the responsible party is ongoing, the statutory clock may be paused for a period of time until that matter resolves.
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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