If you lost a family member to a wrongful death, we at Butler Kahn extend our most sincere condolences. No matter the circumstances, losing a loved one can be devastating for surviving family and friends. When caused by someone’s carelessness or wrongdoing, it can be even more heart-wrenching.
Butler Kahn is a Lawrenceville personal injury law firm that handles wrongful death cases for families throughout Gwinnett County. When someone dies because of another person’s negligence, recklessness, or intentional misconduct, Georgia law allows surviving family members to seek compensation for their loss. Our wrongful death attorneys help families in Lawrenceville, Duluth, Snellville, Suwanee, and surrounding communities hold responsible parties accountable and recover the financial support they need to move forward.
Our legal team is here to make sure you do not face the legal aftermath of your loss alone. Our wrongful death attorneys understand that no amount of money can truly compensate for the loss of someone we love. That said, we are also dedicated to helping families throughout Georgia hold at-fault parties legally accountable for the wrongful death of their loved ones. Wrongful death claims frequently arise from car accidents, truck collisions, premises liability incidents, and medical malpractice. There is no charge to speak to us about your case. Contact us today to schedule a free, no-obligation consultation with a knowledgeable and compassionate wrongful death attorney near you. We are here to help.
A wrongful death occurs when a person dies due to another party’s negligent, reckless, or intentional conduct. In Georgia, wrongful death is defined by statute 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.” In other words, a lawsuit seeking compensation for the wrongful death of a loved one may be based on many legal theories, including negligence, medical malpractice, product liability, or intentional wrongdoing. The appropriate theory for your case will vary depending on the circumstances. To learn more about the common causes of wrongful death claims in Georgia, visit our dedicated resource page.
Liability in a wrongful death lawsuit is established by proving that the defendant’s conduct caused the decedent’s death. As in all civil cases, plaintiffs in wrongful death lawsuits must prove their claim by a preponderance of the evidence, which simply means showing that it is more likely than not that the defendant was responsible for the decedent’s death. The specific elements that need to be proven will vary depending on the legal theory underpinning the case. Though not always, most wrongful death cases rely heavily on a negligence theory of liability. No matter what theory your case rests on, you will need evidence to substantiate it.
At Butler Kahn, our Lawrenceville wrongful death lawyers are ready to conduct a thorough, independent investigation into the circumstances of your case and gather the necessary evidence to build the strongest claim possible. Though relevant evidence will vary widely depending on the facts, it may include things like:
To learn more about Georgia wrongful death lawsuits in a video presentation by Butler Kahn, follow this link.
Georgia law strictly limits who may file a wrongful death lawsuit. Most states set strict limits on who can file a wrongful death lawsuit seeking compensation for the death of a family member. Georgia is no exception. In order of priority, only the following individuals may seek compensation through a wrongful death claim when their loved one is killed:
When no one on this list is available to bring a wrongful death lawsuit, the personal representative of the decedent’s estate may do so instead. If appointed by a will, this individual is also known as an “executor.” When appointed by a court because the decedent did not leave instructions in a will, they are known as an “administrator.”
A wrongful death action compensates surviving family members for their losses, while a survival action compensates the decedent’s estate for losses the decedent suffered before death. It is important to note the difference between a wrongful death action and a survival action. Where a wrongful death action compensates surviving family members when they lose a loved one due to someone else’s actions, a survival action is brought directly on behalf of the decedent’s estate. In other words, a survival action is so named because it is not destroyed by the decedent’s passing. Instead, the right to compensation “survives” in the decedent’s estate. Through a survival action, the estate may be compensated for things like monetary losses associated with the decedent’s death (e.g., funeral and burial expenses), as well as the decedent’s pain and suffering prior to death. To learn more about survival actions in Georgia, follow this link.
Georgia wrongful death damages are measured as the “full value of the life of the decedent.” Of course, no amount of money will truly make up for a wrongful death. However, in the interest of justice and accountability, the law allows surviving loved ones to seek monetary compensation for “the full value of the life of the decedent.” Importantly, wrongful death damages are measured from the decedent’s point of view. Brock v. Wedincamp, 253 Ga. App. 275, 281-82 (2002). Because of the subjective nature of inquiring into the monetary value of a human life, it is difficult to forecast the precise amount a jury may award. As one Georgia court explained, the final number is left to the “enlightened conscience” of the jury. Chrysler Group, LLC v. Walden, 339 Ga. App. 733, 750 (2016).
That said, the amount should reflect both the economic and noneconomic aspects of the loss, including:
Though difficult to give a specific number, wrongful death cases are taken very seriously in Georgia, and the amount of compensation available to surviving family members should not be underestimated. For example, in one case handled by our firm involving a defective product, Chrysler was ordered to pay $150 million to the family of a 4-year-old boy killed in a product liability case involving a defective fuel tank. To learn more about the distribution of damages in Georgia wrongful death cases, follow this link for a video presentation by Butler Kahn.
Yes, Georgia gives you two years from the date of death to file a wrongful death lawsuit. In Georgia, the statute of limitations for wrongful death claims gives you two years from the date of death to file a lawsuit. Though certain limited exceptions may apply, the deadline is strictly enforced by courts. In nearly all cases, the presiding judge will be forced to dismiss claims filed after the deadline passes. This will have the additional effect of destroying your leverage when negotiating a settlement out of court with the at-fault party. In other words, it is essential that you do not miss the filing deadline. To learn more about Georgia statutes of limitations in a video presentation by Butler Kahn, follow this link.
Wrongful death claims in Lawrenceville and throughout Gwinnett County frequently result from preventable accidents and incidents of negligence. The most common causes include:
Learn more about the types of wrongful death cases in Georgia and how liability is established in each.
Butler Kahn represents families in wrongful death cases throughout Gwinnett County and the surrounding areas. Our Lawrenceville office is conveniently located near the Gwinnett County Courthouse, allowing us to efficiently handle cases filed in Gwinnett County State and Superior Courts. We serve clients in:
We also handle wrongful death cases for families in neighboring counties, including DeKalb, Fulton, Hall, Barrow, and Walton counties. If you lost a loved one in an accident anywhere in the greater Atlanta area, our attorneys can help. We also have offices in Atlanta, Jonesboro, and Roswell to better serve families across Georgia.
There is no upfront cost to hire Butler Kahn for a wrongful death case. We work on a contingency fee basis, which means we only get paid if we recover compensation for you. Our fee is a percentage of the amount recovered, so you never pay out of pocket for legal representation.
Most wrongful death cases take between one and three years to resolve. The timeline depends on the complexity of the case, the extent of investigation required, whether the case settles or goes to trial, and the court’s schedule. Some cases settle within months, while others require litigation and trial preparation.
Yes, you may still have a claim under Georgia’s comparative negligence rules. Georgia follows a modified comparative negligence standard, meaning you can recover damages as long as the decedent was less than 50% at fault for the incident. However, any recovery will be reduced by the decedent’s percentage of fault.
Even if the directly responsible party has limited resources, there may be other sources of recovery. Additional liable parties could include employers, property owners, product manufacturers, or government entities. Your own insurance policies, such as uninsured motorist coverage, may also provide compensation.
Yes, car accidents are one of the most common causes of wrongful death claims in Georgia. If another driver’s negligence, such as speeding, drunk driving, or distracted driving, caused the fatal crash, surviving family members may pursue a wrongful death lawsuit against the at-fault driver and potentially other parties like employers or vehicle manufacturers.
A wrongful death lawsuit is a civil case filed by family members to recover compensation for their loss. A criminal case is brought by the state to punish the person who caused the death. These cases proceed separately, and a criminal conviction is not required to win a wrongful death lawsuit. The burden of proof is also different—civil cases require proof by a preponderance of the evidence, while criminal cases require proof beyond a reasonable doubt.
Generally, no. Georgia law limits who can file a wrongful death claim to the surviving spouse, children, or parents of the deceased. Grandparents, siblings, and other extended family members typically cannot bring a wrongful death action unless appointed as the personal representative of the estate.
Wrongful death recoveries in Georgia are distributed according to specific rules. If the surviving spouse files the claim, they must share the recovery equally with any surviving children, though the spouse is entitled to at least one-third of the total. These funds are generally not considered part of the decedent’s estate and pass directly to the eligible family members.
Yes. If a traumatic brain injury caused by someone else’s negligence ultimately led to your loved one’s death, you may have grounds for a wrongful death claim. Brain injuries frequently result from car accidents, falls, assaults, and workplace incidents. The key is establishing that another party’s negligence caused the injury that led to death.
No, you do not need to wait for law enforcement to complete their investigation. Civil wrongful death cases proceed independently of criminal investigations. However, evidence gathered during a police investigation may be helpful to your civil case, so we often coordinate with law enforcement when appropriate.
The most important evidence depends on the type of case, but generally includes medical records documenting the cause of death, police or incident reports, witness statements, photographs and videos of the scene, expert testimony, and documentation of the decedent’s income and relationship with surviving family members. Electronic evidence such as cell phone records, vehicle black box data, and surveillance footage can also be critical.
Yes. If your loved one died due to nursing home abuse or neglect, you may have a wrongful death claim against the facility. Common causes include falls due to inadequate supervision, medication errors, infections from poor hygiene, malnutrition or dehydration, and failure to provide necessary medical care.
To have a valid wrongful death case, you must be an eligible family member under Georgia law, and you must be able to show that another party’s negligence, recklessness, or intentional misconduct caused your loved one’s death. The best way to determine if you have a case is to speak with an experienced wrongful death attorney who can evaluate the specific facts and circumstances of your situation.
Most wrongful death cases settle before trial, but some do proceed to court. Whether your case goes to trial depends on factors like the strength of the evidence, the defendant’s willingness to offer fair compensation, and the complexity of liability issues. At Butler Kahn, we prepare every case as if it is going to trial, which strengthens our position in settlement negotiations.
If you are here because you lost someone you love in a preventable accident, we are very sorry for your loss. Although no financial compensation could make up for the harm you have suffered, we hope it can relieve some of your burdens. We hope the information on this page has been helpful. Call us or contact one of our wrongful death attorneys online if you would like to talk with us about your situation. There is no charge to speak with us about your case.
Butler Kahn – Lawrenceville Personal Injury Lawyers
245 W. Crogan Street
Lawrenceville, GA 30046
Phone: (678) 400-6166
We also serve families from our offices in Atlanta, Jonesboro, and Roswell. Contact Butler Kahn by calling (678) 940-1444 or contacting us online for a free consultation.
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