What Does a Wrongful Death Lawyer Do?

A wrongful death lawyer is a legal professional who focuses on cases where an individual has died because of someone’s negligence or wrongful action. They are dedicated to helping surviving family members get justice and compensation.

Most wrongful death lawyers in Atlanta are also personal injury lawyers. The reason is that wrongful death claims are filed when a victim could have sued for a personal injury claim, but cannot because they have passed away.

Hiring an attorney can save a family from the financial shock of losing a loved one before their time. Here’s what families need to know about what a wrongful death lawyer does.

What Kinds of Cases Do Wrongful Death Lawyers Take?

Wrongful death lawyers handle a variety of negligence-based cases that could have been prevented had the liable party afforded the deceased person the basic duty of care. Whether a negligent driver, property owner, or medical professional was involved, an experienced lawyer can help you hold them responsible.

Law firms usually take the following types of claims involving fatal injuries:

• Medical malpractice
• Car, truck, or motorcycle accidents
• Workplace accidents
• Defective products
• Criminal actions
• Nursing home abuse

Various accident injuries, such as traumatic brain injuries (TBI), can prove fatal. Any situation where someone could have made a personal injury claim could become a wrongful death claim if the accident victim passes away.

An Atlanta personal injury lawyer can handle your wrongful death claim while you and your family grieve in peace.

Who Can Hire a Wrongful Death Attorney?

Under O.C.G.A. § 51-4-2, the deceased’s family files a wrongful death claim in this order (if none of them survive, the administrator or executor of the estate can file under O.C.G.A. § 51-4-5):

• The surviving spouse of the deceased
• The children of the deceased, if there is no surviving spouse
• The parents of the deceased, if there is no surviving spouse or children

An attorney can determine if you have standing to start a wrongful death claim.

What Services Does an Atlanta Personal Injury Lawyer Provide?

A wrongful death lawyer provides essential legal assistance to families who have lost a loved one due to another party’s negligence or wrongdoing. Their role is to guide families through the legal process and help them seek justice and compensation.

Here are the key services they provide:

• Case evaluation: The lawyer will assess the details of your case to determine if it is valid. They will evaluate your chances of success and confirm whether you have the legal standing to file a wrongful death claim.
• Investigation: They will collect and examine evidence to build a strong case. This includes demonstrating the defendant’s negligence and responsibility for the deceased’s fatal accident injuries.
• Start legal proceedings: The lawyer will handle all necessary legal paperwork and ensure that deadlines are met for filing the wrongful death lawsuit.
• Negotiation: They will communicate with insurance companies and opposing attorneys to negotiate a fair settlement that reflects the family’s losses.
• Litigation: If a settlement cannot be reached, the lawyer will represent the family in court, presenting the case and advocating for justice during the trial.

By offering these services, a wrongful death attorney provides families with the legal support needed to hold responsible parties accountable. Their work helps families find resolution and secure the financial damages they deserve during a challenging time.

How Does a Wrongful Death Lawyer Charge for Their Services?

Most attorneys will work for families on contingency. This means that they get nothing unless they win the case or secure a settlement for the family. The fee is typically a percentage of the final compensation. This lets families pursue their cases without upfront costs.

If your case is lost and you get nothing, the family will owe the lawyer nothing for their services. Using a percentage keeps payments fair and gives lawyers an incentive to get you the most compensation they can.

What Can Families Hope to Recover through a Wrongful Death Lawsuit?

Various types of compensation may apply in your wrongful death claim. Common types of damages include:

• End-of-life medical expenses, such as the immediate medical bills your loved one incurred due to their fatal injuries
• Funeral expenses and burial costs
• Loss of income and benefits that the deceased person would have earned if they had lived
• Loss of companionship, care, and guidance
• Non-economic damages, such as the pain and suffering of the deceased before their untimely death
• Punitive damages in cases of egregious misconduct leading to your loved one’s untimely death

Recovery of these costs cushions the financial blow of losing a loved one and prevents further financial shock to a family’s income due to the loss. Though no amount of financial compensation can replace a loved one, your family members should not have to struggle in their absence.

While your family takes the time to honor your loved one’s memory, an experienced attorney can handle the legal process.

How Long Does a Family Have to File a Wrongful Death Lawsuit?

Just as with personal injury lawsuits, a statute of limitations also applies to wrongful death cases. Under O.C.G.A § 9-3-33, a personal representative generally has two years from the date of the loved one’s passing to file a lawsuit.

Missing this deadline can permanently bar the family from pursuing financial compensation through a civil lawsuit. Keep in mind that a personal injury attorney needs time to build a case, which may involve negotiating for a settlement with an insurance company.

However, these processes do not stall the wrongful death statute of limitations. The sooner you reach out to a law firm, the better you can protect your right to take legal action against a responsible party.

A Lawyer Can File Your Claim Regardless of a Criminal Trial

A personal representative can file a wrongful death claim independently of any criminal proceedings. Even if the party responsible is acquitted in criminal court, they can still be held liable in civil court under wrongful death law, where the standard of proof is lower.

This difference is critical for families seeking justice and financial recovery after losing a loved one.

The Difference Between a Criminal and Civil Case

In a criminal trial, the prosecution must prove the defendant’s guilt “beyond a reasonable doubt,” which is an extremely high standard. The goal of criminal proceedings is to punish the defendant for their intentional actions or negligence and to protect the public.

In contrast, a wrongful death claim seeks wrongful death compensation for the surviving family, aiming to address both economic and non-economic damages. For instance, families may seek reimbursement for funeral expenses, medical bills, and the financial impact of losing a loved one’s income.

Additionally, non-economic damages, such as loss of consortium, companionship, and emotional suffering, can be pursued in civil court.

Advantages of a Civil Case

A key advantage of filing a wrongful death lawsuit is that it relies on a lower burden of proof. Families only need to establish liability by a “preponderance of the evidence,” meaning it is more likely than not that the defendant’s actions caused the fatality.

This opens the door for justice even if a criminal jury verdict fails to convict the responsible party. Civil cases often build on crucial evidence, such as a police report, eyewitness accounts, and expert testimony, to demonstrate the defendant’s negligence or intentional actions.

In some cases, punitive damages may also apply. These damages are awarded to punish the defendant for particularly egregious misconduct and deter similar actions in the future. Pursuing punitive damages is especially important in cases involving reckless or intentional behavior.

What if There Are No Criminal Charges or Convictions?

Even if criminal charges are never filed, families can still pursue a wrongful death claim through civil court. This provides an opportunity to seek financial stability and accountability when criminal proceedings fall short.

A wrongful death attorney will carefully investigate the case, gather crucial evidence, and advocate for the maximum compensation possible. By taking this step, families can hold negligent parties accountable and secure the resources they need to rebuild their lives.

What Happens if the Negligent Party is Uninsured or Underinsured?

Georgia requires a minimum liability auto insurance; however, not all drivers abide by the law. This can leave injury victims and families facing great financial losses after an accident.

A lawyer can explore various avenues for compensation, such as looking into employer liability, third-party responsibility, or additional insurance policies. There are more roads to getting compensation than you may know, so don’t give up hope.

A Lawyer Can Counter Various Defenses in Wrongful Death Cases

In wrongful death cases, defendants and their insurers often rely on various defenses to avoid liability or reduce the compensation owed to the victim’s family. These defenses are designed to shift blame, dispute damages, or argue that the death was not preventable. 

Understanding these defenses and how wrongful death attorneys counter them helps families seek justice. Below are some of the most common defenses used in wrongful death claims and how attorneys work to overcome them.

Arguing Comparative Negligence

One of the most common defenses is that the deceased contributed to the accident through their own negligence. Georgia follows a modified comparative negligence rule, which means the compensation a family can recover may be reduced if the deceased is found partially at fault. 

If the deceased is found to be 50% or more at fault, the family may be completely barred from recovering damages. An attorney can counter comparative negligence claims by gathering and presenting crucial evidence that shows the defendant’s negligence was the primary cause of the accident. Attorneys also work to minimize any shared fault attributed to the deceased.

Claiming the Event Was Unavoidable

Another common defense is that the wrongful death was the result of an unavoidable or unforeseeable event, rather than negligence. Defendants may argue that external factors—such as inclement weather, sudden medical emergencies, or mechanical failures—prevented them from avoiding the incident.

Attorneys counter this argument by investigating the circumstances surrounding the death to uncover evidence of negligence. This may include:

• Reviewing vehicle or equipment maintenance records to determine if a lack of proper care contributed to the incident.
• Consulting with experts to evaluate whether the defendant’s actions, such as speeding or failing to adapt to weather conditions, played a role.
• Demonstrating that reasonable precautions or actions could have prevented the death, which undermines claims of an unavoidable event.

By showing that the defendant’s negligence caused or contributed to the death, wrongful death attorneys dismantle this defense.

Disputing the Extent of Damages Claimed

Defendants and their insurers often dispute the amount of compensation being sought, arguing that the damages claimed by the family are excessive or unsupported. They may challenge claims for medical bills, funeral expenses, lost income, non-economic damages like loss of consortium, or punitive damages meant to punish egregious behavior.

To counter these disputes, wrongful death attorneys work to provide detailed and compelling evidence that supports the damages claimed. This includes:

• Documentation of economic damages, such as receipts for medical bills and funeral costs, as well as employment records to calculate lost wages and benefits.
• Testimony from economists or other financial experts to project the long-term financial losses associated with the deceased’s death.
• Statements from family members and psychologists to validate claims for non-economic damages, such as emotional suffering and loss of companionship.

Punitive damages, in particular, may be defended by demonstrating that the defendant’s actions were grossly negligent or intentionally harmful.

Denying Liability Entirely

In some cases, defendants may deny liability outright, arguing that they were not at fault or that another party should be held accountable. For example, an employer might attempt to shift blame for a workplace accident onto a third-party contractor, or a driver might claim another vehicle caused the collision.

When liability is disputed, attorneys investigate all aspects of the case to identify the responsible party or parties. This includes:

• Reviewing safety records, contracts, and applicable laws to determine who owed a duty of care to the deceased.
• Examining the chain of events leading up to the incident to establish fault.
• Pursuing claims against multiple parties if more than one entity contributed to the death.

Defendants and insurers use these defenses to reduce their financial liability in wrongful death cases or to avoid accountability altogether. However, experienced attorneys are skilled at countering these arguments by conducting thorough investigations, consulting with expert witnesses, and presenting strong evidence in support of their clients. 

A Lawyer Can Refer You to Resources for Coping With Grief and Loss

Losing a loved one is one of the most difficult experiences you can face, especially when the death is sudden and caused by someone else’s negligence or intentional actions.

In addition to the emotional pain, families often face financial and legal challenges after such a loss. Thankfully, there are resources available to help families navigate this challenging time, from emotional support and counseling to financial planning and legal guidance.

A lawyer can help you connect with various local resources to access the support you need. Below are some valuable resources for families coping with the loss of a loved one.

Support Groups in Atlanta for Grieving Families

Support groups can provide a sense of community and understanding for families dealing with grief. These groups allow individuals to connect with others who have experienced similar losses, offering comfort, solace, and practical advice.

In Atlanta, there are many support groups specifically designed for grieving families, including:

• The Compassionate Friends (Atlanta Chapter): This organization provides support for families who have lost a child, offering both in-person and virtual meetings.
• GriefShare: A nationwide program with multiple locations in Atlanta, GriefShare offers structured group sessions led by trained facilitators to help participants process their grief.
• Kate’s Club: This Atlanta-based organization supports children and teens coping with the loss of a loved one, providing peer support and therapeutic activities.
• Hospice Atlanta Bereavement Support Groups: These groups are open to anyone dealing with the death of a loved one, regardless of whether hospice care was involved.

Joining a support group can help families feel less isolated in their grief and provide them with tools to begin the healing process.

Counseling Services

Grief counseling is another critical resource for families dealing with the emotional toll of losing a loved one. Professional counselors and therapists can help individuals process their emotions, identify coping mechanisms, and navigate the complexities of grief.

In Atlanta, you can access grief counseling services through:

• The Summit Counseling Center: Offers counseling focused on coping with loss and trauma.
• Peachford Hospital Outpatient Therapy: Provides grief counseling services for individuals struggling with loss.

In addition to traditional counseling, many therapists now offer virtual sessions, making it easier for families to access support regardless of their location or schedule.

Financial Planning Advice

The death of a breadwinner can leave families facing significant financial challenges, from unpaid medical bills to the loss of income. Seeking financial planning advice is essential for families to regain stability and plan for their future. Resources in Atlanta include:

• The Financial Planning Association of Georgia: Provides resources to help families create a financial plan after a major life event, such as the loss of a loved one.
• Pro Bono Financial Planning Clinics: Some organizations and financial planners offer free consultations and advice for families in need, particularly those dealing with unexpected losses.

A wrongful death attorney can also assist families in pursuing compensation for economic damages, such as lost income, funeral expenses, and medical bills. Financial recovery through a wrongful death claim can help families avoid additional financial hardship while they grieve.

Additional Support

In addition to the above resources, you may also benefit from:

• Community and Faith-Based Organizations: Many churches and community centers in Atlanta offer grief support services and practical assistance for families dealing with loss.
• Online Grief Resources: Websites like What’s Your Grief and Grief.com provide articles, webinars, and forums for individuals coping with loss.
• Workplace Support Programs: Some employers offer employee assistance programs (EAPs) that include counseling and financial guidance.

Coping with the loss of a loved one is never easy, but these resources can help families find the support, guidance, and stability they need during this difficult time.

Whether through emotional support, professional counseling, financial planning, or legal assistance, families can take steps toward healing and rebuilding their lives.

We Can Explain More About What a Wrongful Death Lawyer Does and Help You Seek Justice

Our legal team can explain more about what a wrongful death lawyer does and provide the personalized legal representation your family deserves. At John Foy & Associates, our Atlanta wrongful death attorneys have the legal experience and dedication to help you hold a negligent party accountable.

Our attorneys have recovered over $1 billion. We are prepared to help your family through this difficult time. Contact John Foy & Associates now for a free initial consultation.