Calvin Smith Law - The Injury Lawyers

Wrongful Death in the State of Georgia: Things to Know

wrongful death

Dealing with the wrongful death of a loved one is the most challenging thing in life. Having an experienced wrongful death attorney in Atlanta by your side can help you preserve your legal rights. Even though no compensation can replace your loved ones the compensation claim can support you to reduce your financial stress.

In Georgia, a family becomes eligible to file for a wrongful death claim when their loved one dies due to negligence of another person or company. Legal representatives of the victim can file a lawsuit against the responsible parties whether the negligent action was intentional or unintentional. The fact, however, remains that someone’s negligence caused the death of your family member.

According to Georgia law, the family of the deceased can claim the “full value of life.” As per the data of the national safety council, every hour 23 preventable injury-related deaths occurred in the USA in 2020.

The surviving spouse of the deceased can generally bring a wrongful death claim in the state of Georgia. When there is no surviving spouse, the children can file the claim. If the deceased had no spouse or children, then the parents have the right to bring the claim forward. You should know everything about wrongful death claims in Georgia to make the right decision.

Georgia Wrongful Death Law:

An experienced wrongful death attorney in Atlanta will provide legal advice according to your case circumstances and will strengthen your case to achieve successful outcomes. “The full value of life” is measured as the actual value of the deceased.

For a wrongful death claim, the calculation is done from the point of view of the deceased and it includes the tangible aspects as well as the intangible aspects. Tangible aspects include the money that the decedent would have earned as well as the household work that the decedent would have handled. Intangible aspects include the relationships and family of the decedent.

Attaining compensation for the surviving family members is the purpose of a wrongful death lawsuit. The damages usually include remaining medical expenses, funeral and burial expenses, and loss of companionship.

The Deadline to File a Case

Under Georgia’s statute of limitations, the time limit to file wrongful death claims is usually two years. It should be noted, however, that the time limit to file a claim can be shorter or longer depending on the circumstances of the case.

Who Can Put Forward a Wrongful Death Lawsuit?

If the deceased was married then the victim’s spouse can bring a wrongful death claim. If the victim was not married or the spouse is deceased, the victim’s surviving children can proceed with the claim. In case the victim didn’t have a spouse or children, then their parents can bring a wrongful death claim. If the victim died without any living parents or surviving spouse and children, the victim’s estate can bring the wrongful death claim.

Wrongful death attorney in Atlanta

Proving a Wrongful Death in Georgia With the Help of a Wrongful Death Attorney in Atlanta:

Losing your loved one is tragic and life-altering. When certain factors like negligence and recklessness are involved in the death of a person, the state of Georgia categorizes it as wrongful death. These actions can be caused by another person or business.

Consulting with a knowledgeable wrongful death attorney in Atlanta is essential. Your attorney will establish the elements of liability to secure your family’s compensation. To get the compensation, it is vital to prove that the person died due to the wrongful act of another person.

Your attorney will establish the basic elements to prove that the defendant is responsible for the injuries and loss of life of the deceased. Without establishing these elements, it will be assumed that the deceased died due to natural causes. Following are the significant elements of a wrongful death claim:


The first step is showing that the defendant owed a duty of care to the deceased. The duty of care means that the person refrains from causing any harm to another person. A duty to keep the deceased safe and secure was implied on the defendant.

For instance, if an accident occurs due to the negligence of a driver killing a passenger in another vehicle when the driver had a legal duty to drive safely. This negligent behavior killed the now-deceased individual and they would have been alive if the defendant showed duty of care.

Breach of Duty:

To obtain compensation, first, the attorney will prove that the defendant had a duty to the deceased, and next they prove that this duty was breached. Your attorney will collect the relevant evidence to prove the breach of duty.


Establishing causation means proving the breach of duty caused the injury and death. For example, in the case of a car accident, it is essential to prove that the defendant’s actions like speeding or distracted driving caused the accident.


To receive compensation from the court, the plaintiff is required to prove that the deceased suffered the damages. If the plaintiff fails to prove that the deceased suffered damages, then the jury will not reward financial compensation to the victim’s family. Your wrongful death attorney will provide the relevant evidence such as the cost of a funeral, medical expenses, and financial losses suffered by the decedent’s family members.

Hiring Experienced Personal Injury Lawyers in Atlanta, GA:

An experienced attorney knows how to prove wrongful death and help the surviving family to obtain rightful compensation. Our knowledgeable personal injury lawyers in Atlanta, GA are dedicated to providing the best legal services.

We know how to support you in this difficult time by strengthening your case and obtaining successful outcomes. Working with our attorneys will ensure positive results for your case because we will work with you throughout the case from documentation, collecting evidence, and negotiations to filing the claim.

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