Peachtree Corners Wrongful Death Lawyers

Under Georgia’s wrongful death law, O.C.G.A. § 51-4-2, certain surviving family members have the right to bring a wrongful death claim when a person’s death was caused by someone else’s negligent, reckless, intentional, or criminal conduct.

Georgia law describes the purpose of a wrongful death claim as recovering the full value of the life of the person who died, as viewed from their perspective. 

While no lawsuit or financial recovery can ever truly measure the value of a loved one’s life or ease the grief of their loss, the law recognizes that surviving family members deserve the opportunity to hold the responsible party accountable and pursue compensation.

In Peachtree Corners, wrongful death claims commonly arise from:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Pedestrian accidents
• Construction accidents
• Premises liability accidents (e.g., slip and falls)
• Defective products
• Nursing home abuse or neglect

Like any other personal injury claim, a wrongful death lawsuit generally requires proving that another person’s or company’s negligence or other wrongful conduct caused the death. 

Legally, that generally means showing that the defendant had a responsibility to act with reasonable care, failed to do so, and that those actions or failures caused the fatal injuries.

Georgia law establishes who has the legal right to bring a wrongful death claim. In most cases, the order is:

• The surviving spouse.
• If there is no surviving spouse, the deceased person’s children.
• If there is no surviving spouse or children, the deceased person’s parents.
• If none of those relatives survive, the personal representative of the deceased person’s estate may bring the claim for the benefit of the next of kin.

Determining who has the legal right to file a wrongful death claim isn’t always straightforward, particularly in blended families or situations involving multiple surviving relatives. 

At McGahren Law, our experienced Peachtree Corners wrongful death attorneys can help ensure your claim is brought by the proper person and your family’s rights are fully protected.

In Georgia, there is generally no cap on wrongful death damages. That means there is no maximum dollar amount a family can receive through a wrongful death claim. Instead, the value of the case depends on the specific facts and circumstances.

Georgia law recognizes that surviving families deserve the opportunity to pursue compensation for both the financial and intangible value of the life that was lost.

Depending on the circumstances, that may include compensation for:

• The income and employment benefits the person was expected to earn over their lifetime.
• Their future earning capacity and career opportunities.
• The value of household services they would have provided.
• The relationships, experiences, and enjoyment of life they were deprived of because of their untimely death.
• Other economic and non-economic losses recognized under Georgia law.

It’s also important to understand that a wrongful death claim is not always the only legal claim available. In many cases, the deceased person’s estate may bring a separate claim (often called a survival action) to recover damages that arose before death, such as:

• Medical expenses related to the fatal injury.
• Funeral and burial expenses.
• The pain and suffering the deceased experienced before passing away.
• Other financial losses recoverable by the estate under Georgia law.

Although these claims are often pursued together, they serve different legal purposes and compensate for different types of losses.

Who receives compensation depends on which family members survive your loved one. In general:

• If the deceased leaves a surviving spouse and one or more children, the spouse and all of the deceased’s children—including adult children and children born outside of marriage—share the wrongful death recovery. Georgia law guarantees the surviving spouse at least one-third of the total recovery, and the remaining amount is divided among the children.
• If there is no surviving spouse, the deceased’s children—whether they are adults or minors—generally share the recovery.
• If there is no surviving spouse or children, the deceased’s parents may recover.
• If there is no surviving spouse, children, or parents, the personal representative of the deceased’s estate may bring the claim for the benefit of the deceased’s next of kin.

Many people assume a loved one’s will determines who receives compensation in a wrongful death case, but that’s generally not how it works.

 Instead, Georgia’s wrongful death law determines who is legally entitled to recover compensation and how the proceeds are distributed.

In most cases, compensation received through a wrongful death settlement or verdict is not subject to federal income tax because it is intended to compensate surviving family members for personal losses rather than taxable income.

Once a settlement is reached, payment typically does not happen immediately.

Before funds can be distributed, several steps usually must be completed, including:

• Signing settlement documents
• Resolving medical liens or other legal claims against the settlement
• Processing payment through the insurance company
• Finalizing any required probate or estate matters, when applicable

While every case is different, many settlements are paid within several weeks after all required documents have been completed, but more complex cases may take longer.

Unfortunately, there is no set timeline for a wrongful death lawsuit. Some cases resolve within several months, while others can take a year or longer. The timeline often depends on factors such as:

• Whether liability is disputed
• The complexity of the accident
• The number of parties involved
• The amount of evidence that must be gathered
• Whether expert witnesses are needed
• Whether the case settles or proceeds to trial

While every family understandably wants answers and closure as soon as possible, it’s also important to keep in mind that a wrongful death settlement is often the only financial recovery a family will ever receive for the loss of their loved one. So, once a case is settled, there is generally no opportunity to go back and ask for more compensation later.

At McGahren Law, we’ve built our reputation on refusing to let insurance companies pressure our clients into accepting less than they deserve. We take the time to fully investigate every case, understand the full extent of the family’s losses, and negotiate from a position of strength. 

Insurers know that if a reasonable settlement cannot be reached, we’re prepared to continue pursuing justice in court, which often changes the way they handle negotiations with us from the beginning.

In most cases, Georgia law gives surviving family members 2 years from the date of death to file a wrongful death lawsuit. However, there are exceptions. For example, the deadline may be paused while a criminal case is pending.

If you’re concerned that you may have missed the deadline to file a wrongful death claim in Georgia, reach out to our Peachtree Corners wrongful death attorneys as soon as possible. We can evaluate your situation, determine whether any exceptions may apply, and explain your legal options.