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Wrongful Death Lawyer in Atlanta
When wrongful death leaves families emotionally shattered and financially burdened, we help fight for justice.
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Atlanta Wrongful Death
If you have lost a loved one due to the negligence of another, our attorneys may be able to help you file a wrongful death lawsuit seeking compensation from the responsible party. When a loved one dies, he or she is often survived by dependents who feel the loss not only on an emotional level, but also a financial one.
At Morgan & Morgan, our Atlanta attorneys have decades of experience advocating on behalf of families who have been affected by a wrongful death. We are dedicated to recovering the compensation our clients need to ease their financial burden during this difficult time.
The lawyers at Morgan & Morgan’s Atlanta office are committed to helping those who have lost a loved one seek both compensation and justice for their loss. For more information on how we can help, contact us by using our free, no-obligation case review form.
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What qualifies as wrongful death under Georgia law?
Under Georgia law, wrongful death occurs when a person loses their life due to the negligence, recklessness, or intentional act of another party. This could be a drunk driver causing a fatal crash, a doctor making a critical medical mistake, or an unsafe workplace leading to a deadly accident. Wrongful death claims are civil lawsuits, designed to hold the at-fault party accountable financially, regardless of whether criminal charges are filed.
Who can file a wrongful death lawsuit in Atlanta?
Not everyone can bring a wrongful death claim. Georgia law limits this right to close relatives:
- A surviving spouse
- Children (if there is no spouse)
- Parents (if there is no spouse or children)
- The executor of the estate (if there are no surviving close relatives)
If children are minors, any compensation recovered is typically placed in trust until they reach adulthood.
What damages can be recovered in a Georgia wrongful death claim?
Survivors may pursue damages that reflect both financial and personal losses, including:
- Medical expenses related to the final injury or illness
- Funeral and burial costs
- Pain and suffering experienced by the deceased before passing
- Loss of income, retirement benefits, and future earnings
- Loss of companionship, guidance, and support
- In some cases, punitive damages are awarded to punish especially reckless conduct
The goal is to restore financial stability while honoring the full value of the life lost.
What’s the difference between wrongful death and a survival action?
A wrongful death claim compensates the surviving family for their loss. A survival action, on the other hand, is brought by the estate to recover damages the deceased would have been entitled to if they had survived, such as medical bills, lost wages, or pain and suffering between the injury and death. Families may pursue both types of claims, depending on the circumstances.
How do I prove negligence in an Atlanta wrongful death case?
To succeed, attorneys must establish that:
- The defendant owed the deceased a duty of care.
- That duty was breached through negligence or intentional wrongdoing.
- The breach directly caused the death.
- The surviving family suffered measurable damages as a result.
This often requires expert testimony, accident reconstruction, and careful review of medical and financial records.
What are the common causes of wrongful death in Georgia?
Some of the most frequent causes we see in Atlanta and across Georgia include:
- Fatal car, truck, or motorcycle crashes caused by negligent drivers
- Medical malpractice, including misdiagnosis, surgical errors, and anesthesia mistakes
- Nursing home neglect or abuse
- Workplace accidents in construction, trucking, or industrial settings
- Dangerous or defective consumer products
- Criminal acts such as drunk or reckless driving
No matter how a wrongful death occurs, the impact on a family is devastating. Beyond the immediate grief, loved ones are often left facing overwhelming financial and emotional burdens. Our Atlanta attorneys understand both the human cost and the legal challenges, and we fight to hold those responsible accountable.
What’s the difference between wrongful death and criminal homicide?
The state brings criminal homicide cases to punish those who commit wrongdoing. Wrongful death claims are civil cases filed by families to seek compensation. A defendant may face both criminal charges and a wrongful death lawsuit for the same incident. Importantly, families don’t need a criminal conviction to win a civil wrongful death case.
How long do I have to file a wrongful death lawsuit in Georgia?
Georgia’s statute of limitations sets a strict timeframe for filing. While the exact deadlines vary based on circumstances, families generally have only a limited period to pursue legal action. Waiting too long may bar recovery. Consulting an attorney as soon as possible ensures your claim is filed on time and supported with evidence.
Can I sue for punitive damages in a wrongful death case?
Yes, in some cases. If the at-fault party acted with extreme recklessness, such as drunk driving or gross medical negligence, Georgia courts may award punitive damages. These are intended to punish the wrongdoer and deter similar conduct.
How much is a wrongful death lawsuit worth in Atlanta?
There’s no set value. Settlements and verdicts depend on various factors, including the deceased’s age, income, life expectancy, medical expenses, pain and suffering, and the impact on surviving family members. While no amount can replace a loved one, fair compensation can ease financial burdens and provide stability moving forward.
How does Morgan & Morgan build strong wrongful death cases?
Our Atlanta attorneys approach these cases with both compassion and tenacity. We:
- Investigate the cause of death thoroughly.
- Work with experts in medicine, economics, and accident reconstruction.
- Collect evidence of negligence and damages.
- Negotiate aggressively with insurers.
- Prepare every case as if it will go to trial.
This trial-ready approach often leads to stronger settlements, and when insurers refuse fairness, we don’t hesitate to fight in court.
What about wrongful death in nursing homes?
Nursing home deaths linked to neglect, abuse, or unsafe conditions may be grounds for a claim. Families can pursue accountability against facilities that failed to provide adequate care or supervision.
How can families cope with the emotional toll of a wrongful death lawsuit?
Losing a loved one is devastating, and reliving the details during a lawsuit can be painful. At Morgan & Morgan, we recognize the emotional toll these cases take. Our team supports clients with compassion as they navigate the legal process, allowing families to focus on their healing.
Why should I choose Morgan & Morgan for an Atlanta wrongful death case?
With decades of experience and billions recovered nationwide, Morgan & Morgan has the scale, resources, and dedication to fight for families facing unimaginable loss. We work on a contingency fee basis, meaning you pay nothing unless we win.
If you’ve lost a loved one in Atlanta due to negligence, don’t wait. Contact us today for a free, no-obligation case evaluation and let us fight for justice and the financial support your family deserves.























