Most of us build our lives around our families. And when a beloved family member passes away, the impact on surviving loved ones can be devastating, especially when the loss was caused by a preventable accident.
As you and your family grieve this kind of loss, a lawsuit is likely the last thing you want to deal with. That said, the best thing to do is consult with an experienced Jonesboro wrongful death lawyer as soon as possible to ensure that you do not forfeit your family’s right to justice, accountability, and legal compensation.
Butler Kahn is a Jonesboro personal injury law firm that helps families pursue justice and compensation after losing a loved one due to someone else’s negligence. If your family member was killed in a car accident, truck crash, workplace incident, or any other preventable tragedy in Clayton County, our wrongful death attorneys can evaluate your case and explain your legal options at no cost.
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One of the Best Wrongful Death Lawyers in Jonesboro
At Butler Kahn, we have extensive experience helping families across Georgia enforce their rights after the wrongful death of a loved one. Our knowledgeable and compassionate legal team is ready to handle your case from start to finish. Contact us today to learn more in a free, no-obligation consultation. Read on to learn more about wrongful death lawsuits in Georgia.
Wrongful death cases require thorough investigation and aggressive legal representation. Butler Kahn takes fewer cases on purpose so we can do deeper work on each one. When a family loses someone due to negligence, we prepare every case as if it’s going to trial because insurance companies respect attorneys who are willing to fight. Our Georgia wrongful death lawyers have recovered significant compensation for families throughout Clayton County, including settlements and verdicts in car accident cases, commercial trucking crashes, and premises liability claims.
How Is Wrongful Death Defined in Georgia?
In Georgia, a wrongful death is legally defined as any homicide that “results from a crime, from criminal or other negligence, or from the property which has been defectively manufactured, whether or not as the result of negligence.” By far, most wrongful death cases are based on a negligence theory of liability. However, depending on the circumstances, they may also be based on things like medical malpractice, products liability, or intentional wrongdoing.
Georgia law distinguishes between wrongful death claims and survival actions. A wrongful death claim compensates surviving family members for their own losses, including the loss of the decedent’s companionship, guidance, and financial support. A survival action, by contrast, allows the estate to recover damages the decedent would have been entitled to had they survived, such as pain and suffering experienced before death. Understanding this distinction is important when building a comprehensive case strategy.
How Do You Prove Fault in a Wrongful Death Claim?
No matter what theory of liability your case rests on, you will need evidence to substantiate your claim. As in all civil lawsuits, plaintiffs in a wrongful death case must prove the defendant’s fault by a preponderance of the evidence. Relevant evidence will vary widely depending on the facts of the case. That said, it normally includes things like:
Police accident reports
Medical records documenting the fatal injury
Death certificates and autopsies
Statements from witnesses to the fatal incident
Photographs and videos of the scene
Electronic data from vehicles or commercial trucks
Cell phone records showing distracted driving
Security camera footage from nearby businesses
Your wrongful death attorney may also bring in reliable experts to testify on your behalf, including doctors, forensic analysts, and accident reconstruction specialists. Remember that the more time that passes after an accident, the more time there is for evidence to deteriorate and for memories to fade. Therefore, it is best to have your case evaluated by a wrongful death attorney sooner than later.
In Georgia, only certain family members can file a wrongful death lawsuit on behalf of their loved ones. If the decedent was married, their surviving spouse is first in line to file a wrongful death claim. If the decedent was unmarried, any surviving children would then be first in line, followed by surviving parents.
If none of these parties are available to file a claim, the personal representative of the decedent’s estate may do so instead. When appointed in a will, the personal representative is sometimes referred to as an executor. When appointed by a court in the absence of a will, they are sometimes referred to as an administrator.
What Compensation Can You Recover Through a Georgia Wrongful Death Claim?
Of course, no amount of money can make up for a lost life. However, in an effort to provide a measure of justice and accountability to surviving family members and society, a court may order that the responsible party pay compensation for wrongful death. In Georgia, surviving family members may be compensated for the “full value of the life of the decedent” measured from the perspective of the decedent. Brock v. Wedincamp, 253 Ga. App. 275, 281-82 (2002).
Reflecting the difficulty of placing a monetary value on life, Georgia courts leave final determination up to the “enlightened conscience” of the jury. Chrysler Group, LLC v. Walden, 339 Ga. App. 733, 750 (2016). Despite the highly subjective nature of this inquiry, surviving family members should not be discouraged. Our compassionate attorneys know how to communicate with a jury and can make sure the full impact of the wrongful death in your family is not underestimated or overlooked.
Wrongful death damages in Georgia typically include the decedent’s lost future earnings and benefits, loss of care, companionship, and guidance the decedent would have provided, the intangible value of the decedent’s life from their own perspective, and funeral and burial expenses. In cases involving egregious misconduct, punitive damages may also be available to punish the wrongdoer and deter similar conduct in the future.
What Is the Deadline for Filing a Wrongful Death Lawsuit?
A wrongful death in the family can be overwhelming. However, surviving loved ones have a limited amount of time to take legal action, and it is wise to consult with an attorney sooner than later. In most cases, the statute of limitations in Georgia gives two years from the date of a wrongful death to file a lawsuit seeking compensation from the at-fault party.
Subject to very limited exceptions, cases filed after the deadline passes will be dismissed in court. This will destroy your right to seek compensation through a civil lawsuit, as well as give the at-fault party the upper hand during out-of-court settlement negotiations. Without the threat of a lawsuit, you may be forced to accept their lowest offer. When insurers are involved, they may deny your claim altogether.
Wrongful death claims in the Jonesboro area frequently arise from preventable accidents along Tara Boulevard, Highway 54, and the I-75 corridor. These high-traffic areas see serious and sometimes fatal collisions involving passenger vehicles, commercial trucks, and pedestrians. Our firm investigates these cases thoroughly to identify all potentially liable parties and maximize recovery for surviving families.
Common causes of wrongful death in Clayton County include:
Car accidents caused by speeding, distracted driving, or failure to yield along busy roads like Jonesboro Road and Mt. Zion Boulevard
Commercial truck crashes involving tractor-trailers on I-75 and other major highways serving the Atlanta metropolitan area
Pedestrian accidents near Southlake Mall, downtown Jonesboro, and along Tara Boulevard where sidewalks are inadequate
Motorcycle collisions resulting from driver inattention or failure to check blind spots
Medical malpractice at area hospitals including Southern Regional Medical Center
Each type of wrongful death case requires specific evidence and legal strategies. Our attorneys work with accident reconstructionists, medical experts, and economists to build compelling cases that demonstrate the full extent of your family’s loss.
Service Areas in Jonesboro and Clayton County
Butler Kahn’s Jonesboro office serves families throughout Clayton County and the surrounding areas who have lost loved ones due to negligence. Our wrongful death attorneys handle cases for clients in:
Clayton County Communities
Jonesboro
Morrow
Riverdale
Forest Park
College Park
Lake City
Lovejoy
Rex
Ellenwood
Conley
Nearby Areas We Serve
South Fulton
Union City
Fairburn
Fayetteville
Stockbridge
McDonough
Hampton
Griffin
We also serve families in Henry County, Fayette County, Spalding County, and throughout the greater Atlanta metropolitan area. If you lost a family member in an accident anywhere in Georgia, our attorneys can meet with you at a location convenient to your family, including our offices in Atlanta, Lawrenceville, and Roswell.
Wrongful Death FAQs
How long does a wrongful death case take in Georgia?
Most wrongful death cases in Georgia take between one and three years to resolve. Cases that settle before trial typically resolve faster than those requiring a jury verdict. The timeline depends on factors including the complexity of the case, the strength of the evidence, the number of parties involved, and whether the defendant’s insurance company is willing to offer fair compensation. Our attorneys prepare every case for trial, which often motivates insurance companies to negotiate fairly.
What is the difference between wrongful death and survival action in Georgia?
A wrongful death claim compensates surviving family members for their own losses, such as lost financial support, loss of companionship, and the value of the decedent’s life. A survival action allows the estate to recover damages the deceased person would have been entitled to had they survived, including medical expenses incurred before death and pain and suffering experienced between the injury and death. Georgia law allows both claims to be pursued in appropriate cases.
Can I file a wrongful death lawsuit if criminal charges are pending?
Yes. Civil wrongful death lawsuits are separate from criminal prosecutions. You can file a civil lawsuit even if the prosecutor has filed criminal charges against the person responsible for your loved one’s death. The outcomes of the two cases are independent, and the standard of proof is lower in civil cases. You do not need to wait for criminal proceedings to conclude before pursuing a wrongful death claim.
How much does it cost to hire a Jonesboro wrongful death lawyer?
Butler Kahn handles wrongful death cases on a contingency fee basis. This means you pay no attorney fees unless we recover compensation for you. If we do not win your case, you owe us nothing. This arrangement allows families to pursue justice without worrying about upfront legal costs during an already difficult time.
What if my loved one was partially at fault for the accident?
Georgia follows a modified comparative negligence rule. If your loved one was partially at fault for the accident, you can still recover compensation as long as they were less than 50% responsible. The amount recovered will be reduced by their percentage of fault. Our attorneys work to minimize any fault attributed to the decedent and maximize the compensation available to your family.
Can I sue a government entity for wrongful death in Georgia?
Yes, but claims against government entities have special rules. Georgia law imposes shorter deadlines for providing notice of claims against cities, counties, and the state. There are also caps on damages in some government liability cases. If you believe a government employee or agency caused your loved one’s death, contact an attorney immediately to ensure you meet all applicable deadlines.
Who receives the money from a wrongful death settlement?
In Georgia, wrongful death compensation goes to the deceased person’s surviving spouse first. If there is a surviving spouse and children, the spouse must receive at least one-third of the recovery, with the rest distributed among the children. If there is no surviving spouse, the compensation goes to the children. If there are no surviving spouse or children, the parents may receive the compensation.
What if the person who caused my loved one’s death has no insurance?
Even if the at-fault party has no insurance, there may be other sources of compensation. Your family may be able to pursue claims against other liable parties, such as an employer whose employee caused the death, a property owner who failed to maintain safe premises, or a manufacturer whose defective product contributed to the accident. Our attorneys investigate all potential sources of recovery.
Can grandparents file a wrongful death lawsuit in Georgia?
Grandparents cannot file a wrongful death lawsuit in Georgia unless they are the personal representative of the estate and there is no surviving spouse, children, or parents. Georgia law limits wrongful death claims to specific family members in a particular order of priority. If you are a grandparent who has lost a grandchild, an attorney can explain whether you may have standing to bring a claim.
Do I need to prove the defendant intended to kill my family member?
No. Most wrongful death cases are based on negligence, which means proving that the defendant failed to act with reasonable care and that failure caused the death. You do not need to prove intent to kill. However, if intentional conduct was involved, it may affect the types of damages available, including the potential for punitive damages.
What evidence should I preserve after a wrongful death?
Preserve any physical evidence related to the accident, including damaged property, clothing, and personal effects. Obtain copies of the police report, medical records, and death certificate. Photograph the accident scene if possible. Write down the names and contact information of any witnesses. Keep records of all expenses related to the death, including funeral costs and lost income. Contact an attorney as soon as possible to help preserve additional evidence.
Can I sue for wrongful death if my loved one signed a waiver?
Possibly. Waivers are not always enforceable, particularly when they involve gross negligence or reckless conduct. Georgia courts examine waivers carefully to determine whether they are valid and whether they cover the specific circumstances of the death. An attorney can review any waiver your loved one signed and advise you on whether it bars your claim.
How is the value of a life calculated in Georgia wrongful death cases?
Georgia law allows juries to consider the “full value of the life” of the deceased person. This includes both economic factors like lost earnings and benefits, and non-economic factors like the decedent’s character, relationships, and contributions to family and community. Economists and other experts often testify about these values. The final determination is left to the “enlightened conscience” of the jury.
What happens if the at-fault party dies before I can sue?
If the person responsible for your loved one’s death also dies, you may still be able to pursue a claim against their estate. Georgia law allows wrongful death claims to be filed against the estates of deceased defendants. There are specific procedures and deadlines for filing claims against estates, so consult an attorney promptly if this situation applies to your case.
Our Jonesboro Office
Butler Kahn – Jonesboro Personal Injury Lawyers
21 Lee Street, Suite 250
Jonesboro, GA 30236
Phone: (770) 629-8366
Our Jonesboro office is located near the Clayton County Courthouse in downtown Jonesboro. We offer free parking for clients and can arrange home or hospital visits for families who cannot travel to our office. We serve clients throughout Clayton County, including families in Morrow, Riverdale, Forest Park, and surrounding communities along the I-75 corridor and Tara Boulevard.
Contact a Jonesboro Wrongful Death Lawyer
If your loved one was killed in an accident, we are truly sorry for your loss. Our Jonesboro wrongful death lawyers understand the devastating impact this kind of loss can have on surviving family and friends. We also understand that no amount of money can ever make things right. Even so, you and your family may pursue a measure of justice and accountability by filing a wrongful death lawsuit.
The legal team at Butler Kahn has extensive experience helping families throughout Georgia recover the compensation they are legally entitled to after the wrongful death of a loved one. We hope the information on this page has been helpful. Call one of our wrongful death lawyers or contact us online if you would like to talk with us about your situation. There is no charge to speak with us about your case, and you pay no attorney fees unless we recover compensation for your family.
My father was in a serious motorcycle accident and unfortunately passed away soon after the accident. Butler Kahn firm in Atlanta was a true blessing
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Jeb and his team get great results for their clients! The team is hard working, organized, and very thorough. I have referred clients to them and he i
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