Wrongful Death

Hold the Parties Responsible for the Loss of Your Loved One

If you have lost a loved one due to an accident or illness that you believe could have been prevented, you should speak with a wrongful death lawyer who understands personal injury law and how to protect your rights. Our firm has helped many families recover damages after losing a loved one to negligence. Although there is nothing that can make up for the loss of your loved one, working with an attorney who can handle the financial and legal aspects of your case can be of great assistance to you at this time.


Georgia law states that wrongful death claims may be used to recover "the full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived." These wrongful death damages can include economic components, such as lifetime income or the value of the enjoyment of living or loss of companionship.


You may also be able to recover damages for the decedent's funeral bills and the pain and suffering experienced by the decedent prior to death. Non-economic damages can also be recovered. These include less tangible losses such as mental anguish and pain and suffering in addition to the loss of care, protection, guidance, advice, and nurturing from the decedent.


Wrongful death suits can be filed by a member of the decedent's family, through a representative. This representative is usually the executor of the decedent's estate.

Those Eligible to File a Wrongful Death Claim and Recover Compensation Include:

  • Immediate family members such as spouses and children
  • Life partners, financial dependents and putative spouses
  • Distant family members such as siblings and grandparents
  • Anyone who suffers financially from the loss in some states even if unrelated
  • Parents of the deceased in some states
  • Parents of a deceased fetus in some states

Almost any person or entity can have a wrongful death suit brought against them. Not only other individuals, but companies, and even government agencies can be held at fault for negligent behavior. The designer or builder of a faulty roadway, for example, or the manufacturer, distributor, or installer of a faulty or dangerous part of a vehicle. Certain people, however, have immunity from wrongful death prosecution and cannot be sued.

Don’t Wait! Medical Malpractice Has a Statute of Limitations

According to the statute of limitations in Georgia, those who have suffered the negligent loss of a loved one have two years from the date of their family member's passing to bring a claim against the responsible party. If you wait until the statute of limitations has expired, you would be prohibited from seeking damages. For this reason, it is highly recommended that you move quickly to speak with a wrongful death lawyer at our Atlanta firm. Even if you believe that the statute of limitations has already come and gone, it is important to remember that there are certain exceptions to this rule.


For example, the clock typically stops running when the wrongful death of your loved one has prompted a separate criminal case. The time limit would be suspended until the criminal proceedings have ended, so you may have more time to file a claim than you think. Similarly, Georgia law also allows family members to file their wrongful death claim up to seven years after the date of death if the deceased person's estate is subject to delay when going through the probate process. Even so, you shouldn't make any assumptions about your case until you have spoken to a legal representative.

Allow our team to represent you in this difficult time. Call our office today to book a meeting.

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