Losing a loved one due to someone else’s negligence is not only a devastating personal loss—it is a profound and often avoidable injustice. In an instant, a spouse, parent, or child may be taken, leaving grieving families to cope with emotional pain as well as financial burdens such as medical expenses, funeral costs, and the loss of income. These tragedies are frequently preventable, and the families affected deserve both answers and justice.
Georgia Wrongful Death Lawyer
There is nothing more difficult and traumatic than the sudden death of a loved one due to someone else’s negligence. Hiring an attorney is not something most families want to do after an unexpected loss. However, a lawyer can oversee legal and financial issues while family members concentrate on their own well-being and emotional health. When meeting with a wrongful death attorney, always ask how much experience he or she has with wrongful death lawsuits. In general, all personal injury lawyers charge the same percentage attorney’s fees for cases. Investigate which attorney has experience and a proven history of favorable verdicts and settlements.
There are only a few lawyers in Middle Georgia who are board certified and recognized by their peers and the industry as experts in the field. Kathy McArthur is one of the few. For 40 years, she and the McArthur Law Firm have assisted individuals and families dealing with preventable and unexpected losses. Over time, we built the resources to help Atlanta, Columbus and Augusta residents as well as Albany, Savannah and statewide surviving family members uphold the life and memory of their loved ones by seeking fair wrongful death damages on their behalf.
McArthur Law Firm serves Fulton County, Bibb County and Fulton County, as well as Clayton County, Cherokee County, Forsyth County, and other counties in Georgia. For more information about the McArthur Law Firm or to set up a free consultation to learn what we may be able to do to help you with your personal injury case, give us a call at one of our offices in Georgia or fill out our online contact form.
- Atlanta Office: 404-565-1621
- Macon Office: 478-238-6600
- Warner Robins: 478-551-9901
- Causes of Wrongful Death in Georgia
- Types of Fatal Injuries
- Determining Liability in Georgia Wrongful Death Cases
- How to File a Wrongful Death Claim in Georgia
- Types of Compensation in a Georgia Wrongful Death Case
- Frequently Asked Questions
- Additional Resources
Causes of Wrongful Death in Georgia
Car Accidents — These are a major cause of wrongful deaths in Georgia, often resulting in fatalities due to high-speed impacts, head-on collisions, or the sheer force involved when large commercial trucks are involved. Common contributing factors of car and truck accidents include distracted driving, driving under the influence, and failure to obey traffic signals. Victims may suffer fatal injuries such as severe head trauma, internal bleeding, or multiple organ failure caused by the crash.
Motorcycle Accidents — Riders are particularly exposed and vulnerable on Georgia roads. When other drivers fail to check blind spots, make sudden lane changes, or drive aggressively, the results can be fatal. The most common causes of death in motorcycle crashes include traumatic brain injuries, spinal cord damage, and severe blunt force trauma, especially when riders are ejected from their bikes or hit directly by another vehicle.
Medical Malpractice — Fatal outcomes may result when a healthcare provider makes a critical error. Deaths in these cases can arise from misdiagnosed conditions, surgical mistakes, anesthesia errors, or failure to provide timely treatment. These types of errors can lead to fatal infections, organ failure, or complications from untreated diseases that would have otherwise been survivable with proper care.
Workplace Accidents — Tragic incidents frequently occur in hazardous environments such as construction sites, factories, and industrial plants. Workers may die from falls from heights, machinery malfunctions, electrocutions, or exposure to toxic substances. These deaths are often the result of unsafe working conditions, lack of protective gear, or failure to follow safety procedures.
Defective Products — Fatal injuries can occur when dangerous or malfunctioning items are used as intended. Common examples include defective auto parts (like brakes or airbags), unsafe medications, or poorly designed household appliances. These products may cause fires, poisoning, choking, or traumatic injuries, ultimately resulting in death.
Nursing Home Abuse or Neglect — Elderly individuals may suffer fatal injuries or health complications due to mistreatment. Common causes of death include untreated infections, dehydration, malnutrition, bedsores, and injuries from falls. These often stem from understaffing, poor medical care, or failure to provide necessary supervision and assistance.
Criminal Acts — Wrongful death claims often arise from violence such as shootings, stabbings, robberies, or vehicular homicide. Even if the death was not the intended outcome, it may still occur during the commission of a violent or reckless act. These cases often involve fatal wounds, trauma, or complications from injuries sustained during the crime.
Dangerous Property Conditions — Fatalities may occur due to unsafe conditions on someone else’s property. Hazards like unsecured balconies, poorly maintained staircases, or unguarded swimming pools are frequent culprits. Fatalities in these situations typically involve falls, drownings, or injuries caused during crimes that occur because of inadequate security.
Boating and Watercraft Accidents — Deadly incidents on Georgia’s lakes and rivers often involve drowning, traumatic injuries from collisions, or propeller strikes. These accidents are commonly caused by operator inexperience, alcohol use, speeding, or lack of life jackets. Victims may drown after falling overboard or suffer fatal trauma in crashes between watercraft.
Pedestrian and Bicycle Accidents — Serious traffic collisions involving vulnerable road users can have fatal consequences. Deaths usually occur when a motorist fails to yield, runs a red light, or drives distracted or recklessly. Common fatal injuries include blunt force trauma, head injuries, and internal bleeding, especially when victims are struck at high speed.
Fires and Explosions — These violent events can cause catastrophic injuries that result in death, including severe burns, smoke inhalation, or traumatic blast injuries. They are often caused by faulty wiring, gas leaks, or flammable materials stored unsafely in buildings, homes, or vehicles. Victims may die at the scene or later from complications like organ failure or infection.
Plane Crashes and Aviation Accidents — Although less common, fatalities can still result from crashes involving small planes, helicopters, or charter flights. Causes of death typically include blunt force trauma, internal injuries, or fire-related fatalities. These accidents may result from mechanical failure, pilot error, or poor maintenance.
Child Deaths from Negligence or Lack of Supervision — Fatal injuries among children can stem from preventable dangers. Common scenarios include drowning in unguarded pools, being left in hot cars, choking on small toys, or suffering fatal injuries at daycare centers. These tragic deaths are often preventable with appropriate care and safety measures.
Types of Fatal Injuries
Traumatic Brain Injuries — These can lead to confusion, coma, or unconsciousness, with death occurring due to swelling, bleeding, or pressure in the brain. Victims may survive for days or weeks before succumbing.
Spinal Cord Injuries — Damage to the spinal cord can result in paralysis or loss of vital functions like breathing. In severe cases, the body slowly shuts down as communication between the brain and organs fails.
Internal Bleeding and Organ Damage — Internal injuries may not be immediately apparent but can lead to rapid or prolonged death through bleeding, shock, or organ failure, especially when organs like the liver, heart, or spleen are involved.
Severe Burns — Burns from heat, chemicals, or electricity cause extreme pain and often lead to infections, fluid loss, or organ failure. Even with medical care, these injuries can prove fatal.
Asphyxiation and Drowning — Lack of oxygen from drowning or blocked airways causes panic, unconsciousness, and ultimately death. Victims may be aware of their condition before passing.
Infections and Sepsis — Untreated infections can spread and cause sepsis—a painful, systemic reaction that leads to inflammation, fever, and organ failure over time.
Medical Delay or Misdiagnosis — When injuries or illnesses are not properly diagnosed or treated, complications like strokes, internal bleeding, or blocked arteries may develop, often leading to death after prolonged suffering.
Emotional and Psychological Distress — Even without visible injuries, individuals may suffer emotionally when they are aware they are about to die, such as during a fall or collision. Georgia law recognizes this distress as part of wrongful death claims.
Determining Liability in Georgia Wrongful Death Cases
Negligent Drivers — Drivers who operate vehicles recklessly or negligently can be held responsible for injuries under O.C.G.A. § 51-1-6 if their actions lead to a fatal crash. This includes driving under the influence, distracted driving, speeding, running red lights, or failing to yield. In such cases, the wrongful death claim may be brought against the individual driver, and possibly the owner of the vehicle or a rideshare company, if applicable.
Employers And Companies — Liability may fall on employers when an employee causes a death while acting within the scope of employment. For example, if a delivery driver causes a fatal accident while on the job, the company may be liable under Georgia’s respondeat superior doctrine, which is reflected in O.C.G.A. § 51-2-2. Additionally, if an unsafe workplace or lack of proper training contributed to the death, the employer may be independently liable for negligence. In some cases, third-party contractors or vendors may also be responsible if their actions or equipment caused the death. For deaths that occur during work-related tasks, it’s essential to distinguish between what is covered by Georgia’s workers’ compensation laws and what may qualify for a wrongful death lawsuit.
Medical Professionals — Providers such as doctors, nurses, hospitals, and clinics may be liable for wrongful death if the patient dies as a result of substandard medical care. Under O.C.G.A. § 51-1-27, a medical provider may be held liable when they fail to exercise reasonable care and skill, leading to death. These cases often involve misdiagnoses, surgical errors, medication mistakes, or failure to act on time-sensitive conditions like infections or internal bleeding. Because the standard of care in these cases is complex, Georgia law generally requires expert testimony to prove the medical provider acted negligently. These cases also follow specific procedural rules under the Georgia Civil Practice Act, including the requirement for an expert affidavit.
Property Owners — Responsibility may be imposed under O.C.G.A. § 51-3-1 if a person dies due to unsafe or dangerous conditions on the property. This can include hazards like broken stairways, open pools without fencing, falling objects, or inadequate lighting. In some cases, property owners may be liable for failing to provide adequate security when someone is killed due to a foreseeable criminal act. Georgia law requires property owners to maintain their premises in a reasonably safe condition for invited guests and others legally on the property. Liability is determined by showing that the property owner knew or should have known about the dangerous condition and failed to fix it or warn others.
Product Manufacturers And Sellers — Responsibility arises if a person dies because of a defective or unreasonably dangerous product. The manufacturer or seller may be held accountable under O.C.G.A. § 51-1-11, which allows for product liability claims based on manufacturing defects, design defects, or failure to warn users of known dangers. In wrongful death cases, the family must show that the product was being used as intended and that the defect directly caused the fatal injury. Examples include defective car parts, faulty medical devices, contaminated food, and dangerous household goods. Sellers and distributors may also be liable if they had reason to know of the product’s danger.
Government Entities — Agencies and employees of the government may be liable for wrongful death under certain conditions. Claims can arise from issues like poor road maintenance, failure to enforce safety codes, negligent police conduct, or deaths occurring in custody. Whether such a claim can proceed depends on the specifics of the case and whether the government entity is shielded by immunity laws such as the Georgia Tort Claims Act.
How to File a Wrongful Death Claim in Georgia
Determining Who Can File the Claim — Filing a wrongful death claim in Georgia begins with determining who is legally eligible to bring the claim. Under O.C.G.A. § 51-4-2, the surviving spouse has the primary right to file. If the decedent had children, the spouse represents both their interests and their own, but is entitled to at least one-third of any recovery.
If no spouse survives, the children of the deceased may file, whether they are minors or adults. If neither spouse nor children survive, O.C.G.A. § 51-4-4 redirects the right to parents under O.C.G.A. § 19-7-1, or finally to the personal representative of the estate as allowed under § 51-4-5.
Time Limits for Filing — Under O.C.G.A. § 9-3-33, most wrongful death claims must be filed within two years of the date of death. However, this statute of limitations can be tolled (paused) in certain circumstances, such as if a criminal case is proceeding simultaneously.
If the claim involves a government entity, a notice of claim is required, and timelines can be significantly shorter (sometimes six months for municipalities). Be sure to consult legal counsel promptly.
Beginning the Legal Process — Once eligibility is established, the process typically starts with an investigation. This includes gathering medical records, accident reports, and any other relevant evidence. Attorneys may involve expert witnesses to evaluate negligence or causation. The goal is to show that someone else’s wrongful act or negligence directly caused the death.
Settlement vs. Trial — Most wrongful death cases settle out of court, but if parties cannot agree, the case may go to trial. Litigation decisions depend on the strength of evidence, the willingness of the defendant to settle, and how damages are evaluated under Georgia law.
Importance of Legal Guidance — Wrongful death claims in Georgia can be complex. Legal representation ensures compliance with filing deadlines, probate and conservatorship requirements (if minors are involved), and equitable distribution among heirs per § 51-4-2(d). Legal guidance also helps with the court process required for settlements involving minor children under § 29-3-3.
Types of Compensation in a Georgia Wrongful Death Case
The Full Value of Life — Georgia law is unique in that it focuses on the “full value of the life of the decedent” (per § 51-4-1(1) and § 51-4-2(a)), evaluated from the perspective of the deceased. This includes:
- Economic value: lost wages, benefits, and services.
- Non-economic value: relationships, leisure, and life experiences.
This approach does not reduce the award for personal living expenses the decedent might have incurred, which can result in higher and more meaningful valuations—especially in cases involving children, elderly individuals, or non-working adults.
The Estate’s Separate Claim — The personal representative of the decedent’s estate can pursue claims for:
- Medical bills
- Funeral and burial expenses
- Pain and suffering before death
These are covered under § 51-4-5(b). If no one else is eligible to bring the wrongful death claim (e.g., no spouse, children, or parents), the executor or administrator may also bring the full wrongful death claim under § 51-4-5(a).
Punitive Damages in Extreme Cases — While punitive damages are not part of the wrongful death claim itself, they may be awarded through the estate’s claim in extreme cases of intentional misconduct or gross negligence. These serve to punish the wrongdoer rather than compensate the family. The court evaluates such claims based on the facts surrounding the death and the degree of culpability involved.
Frequently Asked Questions
What is a wrongful death under Georgia law?
A wrongful death occurs when a person dies because another person or business acted negligently, recklessly, or intentionally.
Who is allowed to file a wrongful death lawsuit?
Under O.C.G.A. § 51-4-2, the spouse has the first right to file, followed by children, parents, or the estate representative.
How long does someone have to file a wrongful death claim?
According to O.C.G.A. § 9-3-33, the general deadline is two years from the date of death, but some exceptions may apply.
Can multiple family members file separate wrongful death lawsuits?
No. Georgia law allows only the person with legal standing to file, usually one party on behalf of all eligible survivors.
What damages can be recovered in a wrongful death case?
Damages include the full value of the deceased person’s life, along with funeral costs and medical expenses through the estate.
What happens if the deceased was partly at fault for the accident?
Georgia uses modified comparative fault. If the deceased was less than 50% at fault, their family may still recover damages.
Does a criminal case need to happen before a wrongful death lawsuit?
No. A wrongful death claim is a separate civil action and can proceed regardless of any criminal case or conviction.
Is a lawyer required to file a wrongful death claim?
Yes. Georgia wrongful death cases are legally complex, and experienced legal help is usually necessary to protect the family’s rights.
Will the family have to go to court?
Not always. Many wrongful death cases are resolved through settlements, but some do go to trial if no agreement is reached.
How much does it cost to hire a wrongful death lawyer in Georgia?
Most lawyers handle these cases on a contingency fee basis, meaning there is no fee unless money is recovered.
Additional Resources
Georgia General Assembly – O.C.G.A. § 51-4-2 — This official Georgia statute outlines who can file a wrongful death claim for a deceased spouse or parent, how compensation is distributed, and how such actions continue if a party dies during the case. It also explains guardian responsibilities for minor children and addresses how settlements are handled.
National Library of Medicine – Fatal Accidents — This resource summarizes data on accidental deaths across various demographics and circumstances. It covers trends in injury causes such as overdoses, falls, and traffic accidents, with details on specific risks by age, occupation, socioeconomic status, and geography. It also discusses prevention strategies and clinical insights.
Death Among Children and Adolescents (MedlinePlus) — This page from MedlinePlus explains the leading causes of death among children and teenagers. It breaks down causes by age group and highlights accidents as the most common cause. It also covers topics like SIDS, suicide, birth conditions, and auto accidents. The source offers context from the CDC and guidance on health screenings and preventive care.
National Census of Fatal Occupational Injuries in 2023 (U.S. Bureau of Labor Statistics) — This document presents detailed data on fatal workplace injuries in 2023 across industries and occupations. It includes breakdowns by cause, demographics, and job types. The report tracks trends over time and highlights common events such as transportation incidents and falls. It also explains the data collection process and classification methods used to track occupational fatalities.
Hire a Personal Injury Lawyer for Wrongful Deaths in Cobb County, Georgia
McArthur Law Firm serves the cities of Atlanta in Fulton County, Macon in Bibb County, Kathleen in Houston County, Peachtree Corners and Lawrenceville in Gwinnett County, Marietta and Smyrna in Cobb County, Stonecrest, Brookhaven and Dunwoody in Dekalb County, Albany in Dougherty County, Columbus in Muscogee County and throughout surrounding areas of the state of Georgia.
Contact one of our offices at the following numbers or fill out an online contact form to start building your case.
- Atlanta Office: 404-565-1621
- Macon Office: 478-238-6600
- Warner Robins: 478-551-9901
