How Insurance Companies Defend Against Wrongful Death Claims

Losing a loved one because of someone else’s negligence is an unimaginable hardship. Alongside grief, families must often navigate the difficult process of seeking justice and financial security. In Georgia, wrongful death law provides a path for surviving family members to recover for the “full value of the life” lost. However, pursuing that right often means confronting well-funded insurance companies whose priority is to minimize payouts. Understanding how insurers defend against wrongful death claims can help you and your family prepare for what lies ahead. This article is provided by Butler Kahn, an Atlanta-based law firm that represents wrongful death victims and their families throughout Georgia.

Wrongful Death Law in Georgia

Georgia’s wrongful death statute, found in O.C.G.A. § § 51-4-1 through 51-4-6, allows certain surviving family members to bring a claim when a death results from another’s negligent, reckless, intentional, or criminal act. The law recognizes two types of actions.

First, the wrongful death claim seeks compensation for the “full value of the life of the decedent,” including both tangible and intangible aspects—such as lost income, companionship, and enjoyment of life. The right to bring this claim belongs first to the spouse, then to children, or to the parents if no spouse or children survive.

Second, the estate claim, authorized by O.C.G.A. § 51-4-5, allows recovery of expenses like medical bills, funeral costs, and pain and suffering the decedent experienced before death. Together, these actions aim to hold negligent parties accountable and provide financial recovery for the family.

The Insurance Company’s Role

In nearly every wrongful death case, the defendant’s insurance company controls the defense. Whether the death stems from a car crash, a property hazard, or professional negligence, the insurer steps in to investigate, hire defense counsel, and manage settlement negotiations.

Insurance companies are not neutral participants. Their goal is to reduce financial exposure. They employ experienced lawyers, adjusters, and experts who focus on protecting the company’s bottom line—not on ensuring fair compensation for grieving families.

Common Defense Strategies

Insurance carriers and their defense attorneys rely on predictable strategies designed to weaken wrongful death claims. Recognizing these tactics helps families understand what to expect.

Denying Negligence or Shifting Blame

The most common defense is denying that the insured was negligent or asserting that the deceased contributed to their own death. Georgia follows a modified comparative negligence rule under O.C.G.A. § 51-12-33, which bars recovery if the decedent was 50 percent or more at fault. Even partial fault reduces recovery proportionally.

Insurers frequently exploit this rule by emphasizing alleged mistakes by the deceased—whether a minor traffic violation or a moment of inattention—hoping to lower or eliminate liability.

Disputing Causation

Even when negligence appears clear, insurers may argue that the defendant’s conduct did not actually cause the death. They may point to pre-existing health conditions, the actions of others, or unforeseeable events.

In these situations, insurers often retain medical and scientific experts to contest causation. For example, they might claim that a victim with heart disease died from natural causes rather than from injuries sustained in a collision. Establishing causation under Georgia law often requires detailed expert testimony to rebut these arguments.

Minimizing the Value of Life

When liability is undeniable, insurers shift to disputing damages. They may challenge lost wage projections, argue for a shorter life expectancy, or downplay non-economic value such as companionship and guidance.

Georgia law allows juries to consider both economic and intangible aspects when determining the “full value of life,” but insurers routinely push for narrow interpretations and conservative estimates to reduce verdicts or settlements.

Procedural and Statutory Defenses

Procedural arguments are another common tool. The statute of limitations for wrongful death in Georgia is two years from the date of death, as stated in O.C.G.A. § 9-3-33. Missing that deadline can bar recovery entirely. Some exceptions apply—such as when a related criminal case is pending—but insurers often argue that the filing was late or that the wrong party brought the action.

They may also challenge “standing,” claiming that the person who filed the lawsuit lacks the legal authority to do so. These procedural defenses can derail a case unless handled by an experienced attorney who understands the timing and filing requirements of Georgia wrongful death law.

Early Settlement Tactics

Insurers often offer early settlements before the family retains counsel. While these offers can appear generous at first, they are almost always well below the claim’s fair value. Once a settlement is accepted, the family forfeits the right to pursue additional compensation—even if later evidence shows the true worth of the claim is far greater.

Families should avoid signing anything or providing recorded statements without first consulting a lawyer.

Investigative and Surveillance Efforts

Insurance companies conduct extensive investigations to identify weaknesses in a claim. They may gather accident reports, interview witnesses, review social media, or even conduct surveillance of surviving family members. Their objective is to uncover inconsistencies or create the appearance that the family is exaggerating its losses.

These tactics, though intrusive, are designed to reduce the sympathy and credibility of the plaintiff’s case. A knowledgeable wrongful death attorney can handle communications and evidence requests to prevent insurers from taking advantage of grieving families.

Legal Protections for Families

Georgia’s wrongful death laws are designed to ensure accountability and provide meaningful recovery. Courts have made clear that damages are assessed from the decedent’s perspective, emphasizing the inherent value of life itself rather than merely financial earnings.

Additionally, the estate’s separate claim ensures that necessary costs—medical expenses, funeral bills, and pain and suffering—can also be recovered. Together, these statutes recognize that the loss of a human life cannot be reduced to numbers on a balance sheet.

Why Skilled Legal Counsel Matters

Insurance companies are sophisticated and well-funded. They understand Georgia’s laws, court procedures, and jury tendencies, and they use that knowledge to limit what they pay. Families, meanwhile, are grieving and vulnerable. An experienced wrongful death attorney can balance the scales.

A qualified lawyer investigates the facts, gathers expert testimony, and calculates damages in compliance with Georgia law. They also manage all interactions with the insurer—ensuring that your case is positioned for maximum recovery, whether through negotiation or trial.

Atlanta Georgia Wrongful Death Lawyer

If your loved one’s death was caused by another’s negligence, you have legal rights under Georgia law. The attorneys at Butler Kahn are dedicated to helping families across Atlanta and throughout Georgia pursue justice and hold negligent parties accountable. We understand both the emotional weight and the legal complexity of wrongful death litigation, and we handle each case with the care it deserves.

To learn more about your options, contact a wrongful death lawyer at Butler Kahn by calling (678) 940-1444 or contacting us online for a free consultation. Our firm will review your case, explain your rights, and fight to ensure that your loved one’s life is given the value it deserves.

Jeb Butler

Jeb Butler’s career as a Georgia trial lawyer has led to a $150 million verdict in a product liability case against Chrysler for a dangerous vehicle design that caused the death of a child, a $45 million settlement for a young man who permanently lost the ability to walk and talk, and numerous other verdicts and settlements, many of which are confidential at the defendant’s insistence. Jeb has worked on several cases that led to systemic changes and improvements in public safety. He has been repeatedly recognized as a Georgia SuperLawyer and ranks among Georgia’s legal elite. Jeb graduated in the top 10% of his class at UGA Law, argued on the National Moot Court team, and published in the Law Review. He is the founding partner of Butler Kahn law firm. Connect with me on LinkedIn