How Settlements Are Negotiated in Georgia Wrongful Death Claims

TL;DR: Wrongful death settlements in Georgia are typically negotiated between the parties involved, often without going to trial. Key factors include the strength of the evidence, the damages involved, and the potential for a jury verdict. An experienced wrongful death lawyer – Matt Wetherington, can help you get fair compensation and closure for your loss. 

Key Highlights:

• Negotiation Process: Most wrongful death cases in Georgia are settled before trial.
• Factors Influencing Settlements: Strength of the case, evidence, and damages (medical bills, loss of earnings, emotional distress) play key roles.
• Legal Framework: O.C.G.A. § 51-4-2 governs wrongful death claims in Georgia.
• Settling vs. Litigation: Settling avoids the time, expense, and unpredictability of litigation.
• Mediation: Mediation may be used to facilitate settlement before going to trial.

Wrongful death lawsuits arise when a person’s life is taken due to another party’s negligence or intentional actions, leaving families to seek justice and financial relief. In Georgia, these cases are governed by O.C.G.A. § 51-4-2, which grants the deceased’s surviving spouse, children, or parents the right to pursue compensation for their loss. Additionally, O.C.G.A. § 51-12-33 outlines Georgia’s modified comparative negligence rule, meaning settlements can be reduced if the deceased was partially at fault.

Negotiating a fair settlement in a wrongful death case is rarely straightforward. Insurance companies and defendants often attempt to minimize payouts, making it crucial for families to understand their legal rights and the strategies involved in securing just compensation. With settlements varying based on factors such as liability, damages, and legal representation, knowing how the process works can make a significant difference.

Below, we break down the step-by-step process, key factors affecting settlements, and what you need to know before agreeing to compensation.

Step 1: Determining Liability in a Wrongful Death Case

Before negotiations begin, establishing who is legally responsible for the wrongful death is crucial. The plaintiff (usually the deceased’s family) must prove:

• Duty of care – The defendant had a legal obligation to act responsibly (e.g., a doctor treating a patient or a driver following traffic laws).
• Breach of duty – The defendant failed to meet that obligation, whether through negligence, recklessness, or intentional harm.
• Causation – The breach directly caused the victim’s death.
• Damages – The family suffered financial and emotional losses due to the death.

Attorneys gather police reports, medical records, eyewitness accounts, and expert testimony to support liability claims. Strong evidence improves the plaintiff’s leverage in settlement talks.

Step 2: Calculating the Value of the Claim

To determine a fair settlement, attorneys assess economic and non-economic damages:

• Economic damages – Tangible financial losses, including:
  • Medical bills before death
  • Funeral and burial expenses
  • Lost future income and benefits
  • Loss of household contributions (e.g., childcare, home maintenance)
• Non-economic damages – Subjective losses, such as:
  • Pain and suffering of the deceased before passing
  • Loss of companionship, guidance, or emotional support
  • Emotional distress of surviving family members

In some cases, punitive damages may be awarded if the defendant’s actions were exceptionally reckless or intentional.

Step 3: Sending a Demand Letter

Once damages are calculated, the plaintiff’s wrongful death attorney sends a demand letter to the defendant’s insurer or legal team. The letter includes:

• A detailed explanation of liability
• A summary of the financial and emotional damages incurred
• The total amount the plaintiff seeks in compensation
• A deadline for response

Insurance companies often counter with a lower offer, initiating the negotiation process.

Step 4: Negotiating with the Insurance Company

Insurance companies aim to minimize payouts, so expect their lawyers to scrutinize claims. Negotiations typically involve:

• Back-and-forth settlement offers – Both sides adjust figures until reaching a middle ground.
• Tactics to reduce payout – Insurers may argue that pre-existing conditions, shared fault, or lack of evidence weaken the claim.
• Attorney intervention – A skilled Atlanta wrongful death lawyer can push back against lowball offers and strengthen the case with legal arguments and expert testimony.

If negotiations stall, attorneys may threaten to take the case to trial, increasing pressure on insurers to settle.

Step 5: Mediation and Alternative Dispute Resolution

If informal negotiations fail, mediation may be the next step. This involves:

• A neutral third-party mediator facilitating discussions.
• Both sides presenting evidence and arguments.
• Seeking a mutually acceptable settlement without going to trial.

Mediation can be faster and less costly than litigation, making it an attractive option.

Step 6: Filing a Lawsuit if No Settlement is Reached

If mediation does not result in a fair offer, the plaintiff’s attorney may file a wrongful death lawsuit in court. The process includes:

• Pre-trial discovery – Gathering depositions, documents, and expert opinions.
• Pre-trial motions – Lawyers may seek to dismiss weak arguments from the defense.
• Trial preparation – Creating compelling arguments and preparing witnesses.

Lawsuits often pressure insurers into settling before trial, as courtroom battles are unpredictable and expensive.

Step 7: Settlement Agreement and Payout

Once both parties agree on a settlement, they draft a legally binding agreement outlining:

• The total compensation amount
• Payment terms (lump sum or structured settlements)
• A waiver of further legal action against the defendant

After signing, the insurance company processes the payout, typically within a few weeks.

Factors That Affect Settlement Amounts

Several factors influence how much compensation a family receives in a Georgia wrongful death case:

• Strength of evidence – Strong documentation and witness testimony lead to higher settlements.
• Insurance policy limits – The defendant’s coverage determines the maximum payout.
• Defendant’s financial status – If the responsible party lacks assets or insurance, settlements may be lower.
• Comparative negligence – Georgia follows a modified comparative negligence rule (O.C.G.A. § 51-12-33), meaning compensation may be reduced if the deceased was partially at fault.
• Public perception – High-profile cases with media attention may result in larger settlements due to reputational risks.

How Our Atlanta Wrongful Death Lawyer Can Help You

Navigating wrongful death settlements in Georgia can be overwhelming, especially while grieving. A skilled attorney can:

• Investigate the case thoroughly to establish liability.
• Calculate a fair settlement based on financial and emotional damages.
• Handle insurance negotiations to secure maximum compensation.
• Represent you in court if the case proceeds to trial.

If you lost a loved one due to negligence, contact us for a free evaluation to discuss your legal options.

Conclusions

Settling a Georgia wrongful death lawsuit requires proving liability, calculating damages, and skillfully negotiating with insurers. While many cases settle out of court, families should be prepared for litigation if fair compensation is not offered.

With the right legal representation, you can maximize your settlement and achieve justice for your loved one. If you need legal guidance, contact us for a free evaluation today.