When you have lost a loved one in a tragic accident, calling an attorney is likely the last thing on your mind. You are coping with your loss and making final arrangements. Our team understands that you may feel paralyzed by grief.
However, if your loved one’s death was caused by the negligent, careless, or willful action of another—such as in a DUI crash or a doctor’s mistake—a wrongful death claim may be a way for you to seek some restitution and possibly find some peace. We can help.
The Atlanta personal injury lawyers of Shane Smith Law have handled thousands of cases since 2009, recovering over one hundred million dollars for clients across the community. Our wrongful death lawyers in Atlanta can review your case and explain your legal options.
What Is Wrongful Death?
In Georgia, wrongful death refers to the death of one person caused by the negligent, reckless, intentional, or criminal act of another person or entity.
When a person or business behaves in a manner that causes the death of another person, they can be held accountable for the losses incurred by the deceased’s family members.
You may not know who is responsible or what evidence matters. An Atlanta wrongful death lawyer explains your rights in plain language, helps you meet important deadlines, and guides you through each option so your family can make informed decisions.
For a free legal consultation with a wrongful death lawyer serving Atlanta, call (980) 246-2656
Challenges in Wrongful Death Lawsuits
Wrongful death cases are often far more complex than standard personal injury claims because so much is unknown at the start.
The person who suffered the harm cannot describe what happened, which means families must rely on witness accounts and physical evidence—and those sources may be incomplete or inaccurate.
Issues With Reports and Witnesses
Police reports can contain gaps or errors, and witnesses may forget details over time. Sometimes key information is missing altogether. This makes it harder to build a clear picture of what occurred.
Insurance Company Pushback
Insurance companies work aggressively to limit payouts in wrongful death claims. They may challenge the cause of death, dispute responsibility, or try to shift blame onto someone else to reduce compensation.
Multiple Parties May Share Fault
Many cases involve more than one responsible party, such as multiple drivers, companies, or property owners. Sorting out liability requires careful investigation and sometimes expert testimony.
Complex Medical Evidence
Medical records, autopsy results, and injury reports can be difficult to interpret without professional help. Families shouldn’t be expected to understand these documents on their own.
Pressure to Settle Quickly
Because wrongful death claims often involve high damages, families are frequently pushed toward fast, low settlements. These offers rarely reflect the true value of the loss.
How a Lawyer Helps
An experienced wrongful death attorney in Atlanta can protect your family from pressure, preserve crucial evidence, and make sure your loved one’s story is fully heard.
Atlanta Wrongful Death Lawyer Near Me (980) 246-2656
How an Attorney Can Help Your Family
Losing someone unexpectedly is overwhelming, and dealing with legal matters on top of your grief can feel impossible. A wrongful death attorney steps in to support your family, protect your rights, and guide you through every stage of the process.
Clear Guidance and Support
An attorney explains your rights and options in simple, easy-to-understand language. You will not have to guess about legal terms, deadlines, or what steps to take next. Your lawyer walks you through each decision so you feel informed, not confused or rushed.
Handling the Complicated Parts
Wrongful death cases involve investigations, legal paperwork, phone calls, and strict timelines. An attorney will:
- File your claim on time
- Communicate with insurance companies
- Gather evidence and important documents
- Speak with experts and witnesses
- Keep your case organized from start to finish
This removes the burden from your family so you can focus on healing.
Fighting for Fair Compensation
Insurance companies often try to settle these cases quickly and for far less than families deserve. A skilled attorney negotiates on your behalf and pushes for a fair settlement that reflects both the financial and emotional harm your family has suffered.
Ready for Court When Necessary
While many cases settle before trial, some require courtroom action. Your attorney will be ready to present a strong, well-prepared case if going to court becomes the best option.
No Upfront Costs
Most wrongful death attorneys work on a contingency fee basis. This means you do not pay anything upfront. You only pay if the attorney successfully recovers compensation for your family.
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The Importance of Strong Evidence
Evidence is the foundation of a wrongful death claim. The stronger the proof, the better the chances of securing the full compensation your family deserves. Our team handles:
- Gathering police reports and witness statements
- Securing video footage, phone records, and accident data
- Reviewing medical records with our in‑house nurse
- Working with experts who can explain the cause of death
- Reconstructing the event when necessary
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Common Causes of Wrongful Death
Wrongful death can result from many different situations, but certain events appear more often than others. These cases can lead to a civil lawsuit that helps families recover economic damages, non‑economic damages, medical expenses, and funeral expenses. Understanding the causes can help you know whether you may have a valid claim.
Motor Vehicle Accidents
Car accidents, truck accidents, and pedestrian accidents are some of the leading causes of wrongful death. Drivers are expected to follow the rules of the road, avoid distractions, and operate their vehicles safely.
When someone speeds, runs a red light, ignores construction signs, or fails to yield to pedestrians, their negligence can lead to tragic and preventable loss. If a driver’s actions caused your loved one’s death, a wrongful death claim may be appropriate.
Criminal Acts
A wrongful death can also result from violent or intentional harm. When someone commits criminal homicide, they may face criminal charges and penalties.
But families can also file a civil lawsuit even if the person was not convicted in criminal court. The burden of proof is lower in civil cases, making it possible to pursue justice and financial recovery.
Workplace and Construction Accidents
Construction accidents, unsafe job sites, and employer negligence can lead to fatal injuries. If your loved one was killed at work due to unsafe conditions or improper safety measures, you may have grounds for a case in addition to any workers’ compensation claim.
Medical Malpractice and Nursing Home Abuse
If a negligent doctor, nurse, or facility fails to provide proper care, the consequences can be deadly. Wrongful death claims often involve medical malpractice, errors in treatment, or nursing home abuse, especially when vulnerable patients are not protected.
Defective Products and Premises Liability
Defective products, unsafe property conditions, and premises liability hazards can also lead to fatal accidents. When companies or property owners fail to keep people safe, they can be held responsible for the harm caused.
Why These Causes Matter in a Wrongful Death Claim
Each type of case involves different evidence, legal standards, and challenges. An Atlanta wrongful death lawyer can help you understand the cause, gather the proof you need, and pursue the full compensation your family deserves.
Who Can File a Wrongful Death Claim in Georgia?
There are clear rules about who is allowed to file a wrongful death claim in Georgia. The law prioritizes close family members, starting with the surviving spouse. If the deceased person had minor children, the spouse must also represent the children’s interests throughout the case.
If there is no surviving spouse, the children may file the claim on their own behalf. When the deceased leaves behind no spouse and no children, the right to file passes to the next level of family members.
Those individuals include:
- The surviving parent of the deceased
- The personal representative of the deceased person’s estate
When a personal representative files the claim, any compensation recovered does not stay with the representative. Instead, the money is held by the estate and distributed to the deceased person’s next of kin according to Georgia law.
Why Financial Recovery Matters
When a loved one passes away unexpectedly, the financial impact can hit fast and hard. Families may face medical bills, funeral costs, lost income, and the loss of long‑term financial support.
Many households suddenly struggle to pay rent, childcare, and everyday expenses. Compensation in a wrongful death case helps cover these losses so you can focus on healing instead of worrying about money.
Financial recovery is not about placing a value on your loved one’s life—it’s about protecting your family’s future and making sure the party responsible is held accountable.
How Are Wrongful Death Damages Calculated in Georgia?
In Georgia, wrongful death damages are meant to reflect the full value of the life of the person who passed away. This includes both financial losses and the personal, intangible impact of their life being cut short.
Economic Damages
These are the measurable financial losses caused by the death, such as:
- Lost wages and benefits the person would have earned
- Loss of future income and career growth
- Medical expenses related to the final injury
- Funeral and burial expenses
Attorneys often work with financial experts to estimate long-term earnings, especially if the person had many working years ahead.
Non-Economic Damages
These cover the non-financial value of the person’s life, such as:
- The enjoyment of life the person can no longer experience
- The loss of time, companionship, and relationships they would have had
- Intangible contributions they would have made to their family and community
These compensatory damages are not limited to strict formulas. They aim to honor the full meaning of the person’s life.
What Is Georgia’s Wrongful Death Statute of Limitations?
In Georgia, families generally have two years from the date of death to file a wrongful death claim. This deadline is known as the statute of limitations (OCGA § 51-4). If you miss it, the court may refuse to hear your case, and you could lose the chance to recover compensation that your family may need.
When the Deadline Can Be Extended
There are rare situations where the two-year period can be paused or extended. For example, if a death was originally believed to be an accident but new evidence later shows it was caused by a crime such as murder, the clock may start on the day the truth is discovered rather than the date of death. This is known as the “discovery rule.”
Because exceptions can be complicated, speaking with an Atlanta wrongful death attorney early can help ensure your family does not miss important deadlines.
Contact a Wrongful Death Law Firm in Atlanta Today
If you are considering a wrongful death lawsuit, getting reliable guidance early can make a meaningful difference for your family. A dedicated attorney can provide a clear case evaluation, explain how Georgia law applies to your situation, and help you understand whether you have a strong legal claim.
These cases often involve complex investigations, especially when negligent actions or multiple parties are involved, and families should not have to handle the process alone.
The right legal support can help you pursue the financial compensation your family needs for medical bills, funeral costs, lost income, and the emotional impact of your loss. An attorney can also prepare your case for civil court when a fair settlement is not offered.
Contact Shane Smith Law for a free consultation.
Call or text (980) 246-2656 or complete a Free Case Evaluation form
