Atlanta Wrongful Death Lawyer

An Atlanta wrongful death lawyer at Wetherington Law Firm represents families who have lost a loved one due to another party’s negligence, recklessness, or intentional act. Under Georgia law, specific surviving family members can file a civil lawsuit to seek financial compensation for the “full value of the life of the decedent,” which includes lost income and the intangible loss of the person’s presence. Our wrongful death lawyers investigate the death, establish liability, calculate the total damages, and pursue the claim on behalf of the family, ensuring their rights are protected against insurance companies and at-fault parties.

In Atlanta, Georgia, thousands of lives are cut short each year due to avoidable incidents like car accidents, medical malpractice, workplace accidents, truck accidents, dangerous products, or intentional misconduct. According to the Georgia Department of Public Health, unintentional injuries, including motor vehicle crashes and falls, are a leading cause of death in the state. For instance, the Georgia Governor’s Office of Highway Safety reported over 1,638 traffic fatalities in the year 2023, many of which involved factors like distracted or impaired driving.

These statistics represent families in Atlanta and across the state who are left to cope with sudden, unexpected voids. Georgia law provides a specific legal remedy for these situations through a wrongful death claim, as outlined in the Official Code of Georgia Annotated (O.C.G.A.) § 51-4-1 et seq. This type of civil action is entirely separate from any criminal charges the at-fault party might face. Its purpose is not to punish with jail time but to provide financial accountability and stability for the surviving family members who depended on the deceased for financial, emotional, and practical support.

Our dedicated Atlanta wrongful death attorney, Matt Wetherington, conducts thorough investigations, securing critical evidence like coroner’s reports, toxicology results, expert witness testimony, and surveillance footage to establish liability. Wrongful death claims must be filed within Georgia’s statute of limitations and success hinges on proving four legal elements: duty of care, breach of duty, causation, and damages, often requiring in-depth analysis of proximate cause and foreseeability. Our attorneys fight for families throughout Atlanta and the rest of Georgia, ensuring they receive the full compensation they deserve.

With more than $500 million recovered for our clients in Georgia, Wetherington Law Firm has a proven track record of success. Our lead attorney, Matt Wetherington, is a highly respected Atlanta wrongful death attorney with over a decade of experience helping families across Georgia. From investigating the details of your case to negotiating with insurance companies or presenting a compelling argument in court, our attorneys handle every aspect of the legal process so you can focus on healing. If you have lost a loved one to wrongful death, contact Wetherington Law Firm at (404) 888-4444 or fill out our quick online form for a free case evaluation.

What Is a Wrongful Death Claim in Atlanta, Georgia?

A wrongful death claim in Atlanta, GA, is a legal action taken when someone’s death is caused by another person or company’s careless or intentional actions. In Georgia (O.C.G.A. § 51-4-1), the purpose of a wrongful death claim is to hold the responsible party accountable and provide financial compensation to the family of the deceased.

This claim allows family members to seek compensation for the losses they’ve suffered, such as the loss of the deceased’s income, support, and companionship. Wrongful death claims differ from criminal cases because they focus on compensating the family rather than punishing the wrongdoer.

Who is Eligible to File a Wrongful Death Lawsuit in Atlanta?

Georgia law is very specific about who has the legal standing to file a wrongful death claim. The right to file follows a strict statutory hierarchy. If the person with the primary right is deceased or does not exist, the right passes to the next person or group in line. Understanding this order is critical, as only the designated individuals can initiate the lawsuit.

The Primary Right: The Surviving Spouse

The first person with the right to bring a wrongful death action is the decedent’s surviving spouse. The spouse files the claim on behalf of themselves and any surviving minor children. Any compensation recovered is then shared between the spouse and the children. According to Georgia law, the surviving spouse must receive at least one-third of the total recovery, regardless of how many children there are.

For example, if a person is killed in a truck accident on I-285 and leaves behind a wife and four minor children, the wife would be the one to file the lawsuit. If they recovered $1.5 million, the wife would be entitled to at least $500,000 (one-third), with the remaining amount divided among herself and the four children.

When Children Can File the Claim

If the deceased person did not have a surviving spouse, the right to file the wrongful death claim passes to their surviving children. The children would then share any recovered compensation equally. This applies to both minor and adult children. If the deceased had a spouse who is also deceased, the right would similarly pass to the children.

The Role of the Surviving Parents

If the deceased person had no surviving spouse or children, the right to file the claim passes to their surviving parent or parents. If both parents are alive, they would share the right to file and any subsequent recovery. If only one parent is alive, that parent holds the sole right to bring the action. This is often relevant in cases involving the death of a young, unmarried adult or a minor child.

The Personal Representative of the Estate (for a “Survival Action”)

The wrongful death claim is designed to compensate the family for their loss. A separate but related claim, known as a “survival action” or an “estate claim,” can be filed by the personal representative of the deceased’s estate. This person is typically named in the will or appointed by a probate court.

The purpose of the estate claim is to recover losses that the deceased person themselves incurred before they died. This includes:

• Medical expenses related to the final injury or illness.
• Funeral and burial costs.
• Conscious pain and suffering the deceased experienced between the time of the injury and their death.
• Lost wages the deceased would have earned had they lived.

Often, an Atlanta wrongful death lawyer will file both the wrongful death claim and the estate claim simultaneously to ensure the family and the estate recover all available damages.

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Types of Compensation Available in a Georgia Wrongful Death Case

No amount of money can ever replace a loved one. However, the legal system uses financial compensation as the method for holding at-fault parties accountable and providing for the families left behind. In Georgia, the damages available in a wrongful death claim are unique compared to many other states and are divided into two main categories: damages for the wrongful death itself and damages recoverable by the estate.

The “Full Value of the Life of the Decedent” Explained (O.C.G.A. § 51-4-2)

The centerpiece of a Georgia wrongful death claim is the recovery of the “full value of the life of the decedent.” This is a legal term that encompasses both the tangible and intangible aspects of a person’s life. The law specifically states that this value is determined from the perspective of the deceased person.

1. Tangible (Economic) Value: This component includes the financial contributions the deceased would have made over their lifetime. A wrongful death attorney will often work with economic experts to calculate this value, which includes:

• Lost income, wages, and salary.
• Loss of benefits, such as health insurance and retirement contributions.
• The value of services the person provided, such as childcare, home maintenance, and financial management.
• The person’s potential for future career growth and promotions.

2. Intangible (Non-Economic) Value: This is the more abstract but equally important part of the claim. It represents the value of life itself; the joy, experiences, and relationships the person will no longer have. This is not about the grief of the family members; rather, it is about what the deceased has lost. It includes:

• Loss of companionship and society.
• Loss of enjoyment of life.
• Loss of the ability to pursue hobbies, spend time with family, or achieve personal goals.

Calculating this value is complex and requires a skilled Atlanta wrongful death attorney to present a compelling picture of the person’s life and what was taken from them.

The Estate’s Claim: Recovering Specific Financial Losses

As mentioned earlier, the personal representative of the estate can file a separate claim to recover direct financial losses resulting from the wrongful act. These damages are paid to the estate and are used to settle the deceased’s final debts, with any remainder distributed to heirs. These damages include:

• Funeral and Burial Expenses: The full cost of the funeral, cremation, or burial services.
• Medical Bills: All costs for medical treatment related to the final injury, such as ambulance rides, hospital stays, surgeries, and medication.
• Conscious Pain and Suffering: If there is evidence that the deceased was aware of their injuries and experienced pain, fear, or distress before their death, the estate can seek compensation for that suffering.

The Possibility of Punitive Damages

In some cases where the defendant’s conduct was particularly egregious, a jury may award punitive damages. These are not meant to compensate the family for their loss but to punish the wrongdoer and deter similar conduct in the future. Punitive damages are typically available in cases involving recklessness, malice, or a willful disregard for human life, such as a drunk driver with multiple prior DUIs causing a fatal crash.

Georgia’s Statute of Limitations for Wrongful Death

In any legal matter, deadlines are extremely important. For wrongful death claims in Georgia, the primary deadline is the statute of limitations, which dictates the maximum amount of time a family has to file a lawsuit. Failing to file within this window will almost certainly result in the court dismissing the case, permanently barring the family from seeking compensation.

Under O.C.G.A. § 9-3-33, the statute of limitations for filing a wrongful death lawsuit in Georgia is two years. This two-year clock typically starts running on the date of the person’s death. This may or may not be the same day as the incident that caused the fatal injuries. For example, if a person is injured in a car accident on May 1st but dies from their injuries on May 15th, the two-year period begins on May 15th.

While the two-year rule is strict, there are a few specific circumstances where the statute of limitations can be “tolled,” which means paused.

• Pending Criminal Case: If the death resulted from an act that leads to a criminal prosecution, the statute of limitations for the wrongful death claim is tolled until the criminal case is concluded. This can extend the filing deadline for up to six years. This allows the family to wait for the outcome of the criminal proceedings, which may produce useful evidence for the civil case.
• Unrepresented Estate: If the deceased’s estate is not probated and has no personal representative, the clock can be paused for up to five years. Once a representative is appointed, they have two years from that date to file the estate’s claim.
• Minor Children: If the only eligible parties to file are minor children, the statute of limitations may be tolled until they reach the age of 18.

These exceptions can be complex, and determining the correct deadline requires a careful legal analysis. It is never wise to assume an exception applies without consulting an Atlanta wrongful death attorney.

The Process of Filing a Wrongful Death Lawsuit in Atlanta

For families unfamiliar with the legal system, the idea of a lawsuit can seem daunting. A qualified wrongful death attorney handles every aspect of the process, allowing the family to focus on healing. While each case is unique, a wrongful death lawsuit generally follows a structured series of steps.

Step 1: Initial Consultation and Case Investigation

The process begins with a free, confidential consultation with an attorney. You will discuss the circumstances of your loved one’s death, and the lawyer will evaluate whether you have a valid claim. If you decide to move forward, the attorney and their team will launch a comprehensive investigation. This includes:

• Gathering all official reports (police, coroner, medical examiner).
• Obtaining medical records and autopsy reports.
• Identifying and interviewing eyewitnesses.
• Hiring experts (e.g., accident reconstructionists, medical specialists) to analyze the evidence and provide opinions.
• Determining all potentially liable parties.

Step 2: Filing the Complaint and Serving the Defendant

Once the investigation has established a strong basis for a claim, your lawyer will draft a formal legal document called a “complaint.” This document is filed with the appropriate court in Fulton, DeKalb, or another relevant county. The complaint outlines the facts of the case, identifies the defendant(s), and states the legal basis for holding them liable. After filing, a copy of the complaint and a summons must be legally “served” on the defendant, formally notifying them of the lawsuit.

Step 3: The Discovery Phase

Discovery is the formal process of evidence exchange between the plaintiff (your family) and the defendant. It is often the longest phase of a lawsuit. The goal is for both sides to understand the strengths and weaknesses of the case. Common discovery tools include:

• Interrogatories: Written questions sent to the opposing party, which they must answer under oath.
• Requests for Production: Requests for documents and other evidence, such as maintenance records, internal company policies, or cell phone records.
• Depositions: Out-of-court testimony given under oath. Attorneys for both sides can question witnesses, the defendant, and experts to lock in their stories before trial.

Step 4: Negotiations and Settlement Attempts

Most wrongful death cases are resolved through a settlement before ever reaching a courtroom. A settlement is a formal agreement where the defendant’s insurance company agrees to pay an agreed-upon amount of compensation in exchange for the family dropping the lawsuit. Negotiations can happen at any point but often intensify after the discovery phase is complete. Your wrongful death attorneys will handle all negotiations, advising you on whether a settlement offer is fair and in your family’s best interest. Sometimes, a formal mediation with a neutral third party is used to help facilitate a resolution.

Step 5: Trial and Potential Appeal

If a fair settlement cannot be reached, the case will proceed to trial. At trial, your attorney will present evidence, question witnesses, and make legal arguments before a judge and jury. The jury will then decide whether the defendant is liable and, if so, the amount of damages to award. The trial process can be lengthy and emotionally taxing. If either side is unhappy with the verdict, they may have the right to appeal the decision to a higher court.

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How an Atlanta Wrongful Death Lawyer Can Help Your Family

During a time of grief, taking on the legal and financial burdens of a wrongful death claim is the last thing a family should have to do. An experienced and compassionate Atlanta wrongful death lawyer provides the support, resources, and advocacy needed to secure justice and allow your family the space to mourn.

1. Conducting a Thorough and Independent Investigation

While law enforcement may conduct an investigation, their focus is on determining if a crime was committed. Your attorney will conduct a separate, civil investigation focused on establishing liability for your claim. This often involves hiring private investigators and specialized experts to uncover evidence that police may have missed, proving exactly how the negligence occurred.

2. Identifying All Liable Parties

In many cases, more than one party may be responsible for a death. For example, in a commercial truck accident, liable parties could include the truck driver, the trucking company, the vehicle manufacturer, and the cargo loader. Our Atlanta Wrongful death lawyers have the experience to identify every potential source of compensation to maximize the family’s financial recovery.

3. Calculating the Full Value of Your Claim

Determining the “full value of the life” is a highly complex task. An attorney knows how to build a case that demonstrates the complete economic and non-economic impact of your loss. They work with forensic economists, vocational experts, and other professionals to project lost lifetime earnings and present a powerful narrative to an insurance company or a jury about the intangible value of your loved one’s life.

4. Handling All Communication with Insurance Companies

Shortly after a fatal accident, insurance adjusters for the at-fault party will likely try to contact the family. Their goal is to settle the claim as quickly and cheaply as possible, often before the family understands their legal rights or the true value of their claim. When you hire a lawyer, they take over all communication. They will protect you from adjusters’ tactics and ensure that any settlement negotiations are based on a full and fair valuation of your case.

5. Representing Your Family’s Interests in Court

If the insurance company refuses to offer a fair settlement, your attorney must be prepared to take your case to trial. A skilled trial lawyer knows how to present a compelling case to a jury, cross-examine hostile witnesses, and argue effectively on your behalf. Their willingness and ability to go to court often serves as powerful leverage during settlement negotiations.

What to Look for in an Atlanta Wrongful Death Attorney?

When you’re choosing a wrongful death lawyer in Atlanta, GA, it’s not just about legal credentials; it’s about finding the right person to stand beside you during a painful chapter of life. Here are the key qualities to look for:

1. Experience with wrongful death cases: Wrongful death claims are different from other personal injury lawsuits. They often involve complicated laws, expert testimony, and insurance companies that fight hard to avoid paying. A lawyer who regularly handles wrongful death cases will know how to build the strongest claim for your family.
2. Compassion and empathy: Beyond the courtroom, you need someone who understands the human side of your loss. The right wrongful death attorney will take the time to listen, support you through difficult decisions, and honor your loved one’s story throughout the process.
3. Clear communication: Legal terms can be confusing, and the process can feel overwhelming. A good Atlanta wrongful death lawyer explains things in plain language, answers your questions promptly, and keeps you informed so you never feel left in the dark.
4. Resources to build your case: The strongest wrongful death cases often rely on expert witnesses, accident reconstruction specialists, and financial experts who can calculate long-term losses. Look for a wrongful death lawyer with access to these resources and a team that prepares every case as if it might go to trial.
5. Determination and trial readiness: Some cases settle, but not all do. You want a lawyer who is willing and prepared to go the distance someone who negotiates firmly but isn’t afraid to take your case before a jury if that’s what justice requires.

Choosing a wrongful death attorney with these qualities can give you peace of mind, knowing that while you focus on healing, your case is being handled with the skill, care, and dedication it deserves.

Our Recent Wrongful Death Settlements and Verdicts at Wetherington Law Firm

Wetherington Law Firm has secured justice for families across Atlanta and throughout Georgia. Below are some results demonstrating our experience and commitment to fighting for grieving families:

1. $11,000,000 — Commercial Trucking Wrongful Death: A loved one was killed in a tractor-trailer collision caused by a fatigued commercial driver. Our investigation uncovered federal safety violations and a failure to properly monitor driving hours. We secured a substantial settlement to ensure long-term support for the surviving family members.
2. $7,800,000 — Unsafe Workplace / Industrial Equipment Fatality: A worker lost his life due to a defective industrial machine with inadequate safety guards. We held the manufacturer and site contractors accountable, forcing safety improvements and delivering justice for the family.
3. $3,250,000 — Dangerous Roadway / Government Liability: A fatal collision occurred after a county agency failed to correct a known hazardous road condition. Despite sovereign immunity defenses, we proved negligence, resulting in significant compensation for the surviving spouse and children.
4. $2,900,000 — Medical Negligence Resulting in Death: A patient died after a preventable medical emergency was ignored by hospital staff. Through expert-backed litigation, we exposed failures in patient monitoring and emergency response protocols.
5. $2,400,000 — Fatal Pedestrian Collision: A pedestrian was struck and killed by a distracted driver in a busy Atlanta crosswalk. Our team uncovered cellphone records and traffic-camera evidence proving negligence and secured life-changing compensation for the victim’s family.
6. $1,800,000 — Nursing Home Wrongful Death: A nursing home failed to provide required care, leading to fatal injuries. We demonstrated systemic neglect and forced accountability, including changes to staffing policies and care standards.

At Wetherington Law Firm, wrongful-death cases are not just legal matters; they are life-altering tragedies. We stand with families, fight powerful corporations and insurance companies, and deliver results that reflect the full value of a loved one’s life. Our practice is devoted entirely to people facing serious injuries and families mourning an unexpected loss. Our wrongful death lawyers bring every bit of experience and resources we have to your case, giving you the space to heal and start rebuilding your life after a tragic loss of a loved one in Atlanta and the rest of Georgia. You can also learn more about our personal injury and wrongful death settlements here.

Matt Wetherington – Experienced Atlanta Wrongful Death Lawyer

Matt Wetherington is a nationally recognized Atlanta wrongful death attorney with a proven track record of success in high-stakes cases. He has secured record-setting verdicts and settlements in cases involving truck crashes, medical negligence, and defective products, recovering millions for families across Georgia.

Respected by both clients and peers, Matt has been named a Super Lawyer in Personal Injury and Products Liability and inducted into the ALM Verdicts Hall of Fame. He is also a leader in the Georgia legal community, mentoring other attorneys and advocating for safer roads and consumer protection initiatives. With over a decade of experience, Matt is committed to helping families rebuild after unimaginable loss by providing tireless advocacy and compassionate guidance every step of the way. Read more about Matt Wetherington.

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Types of Wrongful Death Cases We Handle in Atlanta, GA?

Wrongful death can happen in many different situations where someone’s actions or negligence leads to a tragic loss of life. Some wrongful death cases we handle throughout Georgia include:

• Car Accidents: Fatal car crashes caused by reckless driving, speeding, drunk driving, or distracted driving are a leading cause of wrongful death claims.
• Medical Malpractice: When doctors or healthcare providers make serious mistakes, like misdiagnosing an illness, surgical errors, or providing improper treatment, it can result in wrongful death.
• Workplace Accidents: Jobs in construction or other hazardous environments can lead to fatal injuries due to unsafe conditions or equipment failures.
• Defective Products: Sometimes, a dangerous or poorly designed product can cause fatal injuries. In these cases, the manufacturer may be held responsible.
• Criminal Acts: Homicides or other violent crimes that lead to death can also result in a wrongful death claim against the responsible party. 

Each of these situations involves different legal considerations, but all aim to bring justice to families who have lost a loved one.

Who Can Be Sued in a Wrongful Death Case in Georgia?

Several parties may be liable in a wrongful death case, depending on the circumstances:

• At-Fault Drivers: Liable for fatal crashes on I-75 due to speeding, distraction, or impairment.
• Healthcare Providers: Responsible for medical errors in Midtown hospitals, like surgical mistakes.
• Property Owners: Liable for unsafe premises, like inadequate security in Buckhead apartments, under O.C.G.A. § 51-3-50.
• Employers: Responsible for workplace deaths in Decatur from unsafe conditions or negligent hiring.
• Government Entities: If poor road maintenance on Peachtree Street contributed, cities or counties may be sued, subject to notice requirements and shortened deadlines (six months).

If your family is grieving the loss of a loved one caused by negligence, our compassionate wrongful death attorney will fight to recover the justice and damages you deserve, call us today for a free consultation.

What Evidence is Needed for a Wrongful Death Lawsuit in Atlanta, Georgia?

Providing evidence in a wrongful death lawsuit is critical to establishing the facts of the case, proving liability, and demonstrating the extent of the damage suffered. It sets you on the trajectory to gain firm ground on your claim. Here are some evidence you can provide to aid your wrongful death claim:

1. Death certificate: This is an official proof of death certificate which contains details such as cause, place, and place of death. You will need this certificate to establish the facts in court. 
2. Medical record: This includes hospital name, doctor’s note, and autopsy report to know the cause of death of your loved one. 
3. Accident report: This is a report that states in detail the circumstances surrounding the death of your loved one. It also includes statements from eyewitnesses. 
4. Proof of relationship: This is a document that proves that you as the claimant filing a wrongful death suit have a relationship with the deceased.
5. Photos/videos: These are compelling materials that can give your claim a huge boost. Getting photos of the accident scene, injuries sustained, or any other useful proof will you sustain your ground on the claim of a wrongful death.

The Georgia wrongful death law requires this evidence and the ability to connect them to the cause of death to prove your case. A Georgia wrongful death lawyer works with expert witnesses to gather and evaluate all necessary evidence needed to present a strong claim against insurance companies or represent you in court.

How is Wrongful Death Settlement Divided Among Surviving Family Members?

Georgia law explains how compensation from a wrongful death case is shared among family members. According to the law (O.C.G.A. § 51-4-2(d)(1)), the settlement is split equally between the surviving spouse and children. However, the spouse will always receive at least one-third of the total amount, no matter how many children there are.

If the claim is made by the estate, the money is distributed based on the victim’s Will. If there’s no Will, Georgia law decides how it is divided.

With our experience and dedication, we will work tirelessly to help you get the justice and financial recovery your family deserves. Contact us today for a free no obligation consultation. 

Contact Our Atlanta Wrongful Death Attorney Today

If you’ve lost a loved one due to someone else’s negligence, you don’t have to go through this difficult time alone. Our experienced Atlanta wrongful death lawyers are here to provide the support and guidance you need to seek justice. We will fight for your family’s rights and work to secure the compensation you deserve. Contact us today for a free consultation to discuss your case. Let us handle the legal process so you can focus on healing. Call us now, and let’s take the first step toward justice together.